“I am not going to answer your trick questions, Mr. Wisenberg.”

PRESIDENT BILL CLINTON

proffer agreement

Pre-Indictment Representation of the White Collar Client: Imitate the Furniture or Proactively Engage?

Most of the white collar lawyers I know spend most of their professional time trying to keep their federal white collar clients from getting indicted. We know that the federal criminal justice system is heavily weighted against defendants in the post-indictment phase and that defending against federal white collar charges is a very expensive undertaking. In addition, for the defendant

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White-Collar Crime: Avoiding Indictment (continued)

Part 3. AVOIDING INDICTMENT (contd.) F. Talking To the Prosecutor As a general rule, it is almost always advisable in a white-collar crime case to have your attorney talk to the prosecutor unless you have criminal exposure and the prosecutor knows nothing about you or your role in the matter under scrutiny. (Note again that I am not equating exposure

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