EFTA00028641.pdf

Type: pdf
Source set: data-set-8
Extracted text

OF ER GREEMENT 
With respect to the meeting of 
") 
oseph 
Nascimento, Esq., with Assistant United States Attorneys 
and
 to be 
held on July 12, 2019 ("the meeting"), the following understandings exist: 
(I) THIS IS NOT A COOPERATION AGREEMENT. The Client has agreed to 
provide the Government with information, and to respond to questions, so that the Government 
may evaluate Client's information and responses in making prosecutive decisions. By receiving 
Client's proffer, the Government does not agree to make a motion on the Client's behalf or to enter 
into a cooperation agreement, plea agreement, immunity or non-prosecution agreement. The 
Government makes no representation about the likelihood that any such agreement will be reached 
in connection with this proffer. 
(2) In any prosecution brought against Client by this Office, except as provided below the 
Government will not offer in evidence on its case-in-chief, or in connection with any sentencing 
proceeding for the purpose of determining an appropriate sentence, any statements made by Client 
at the meeting, except (a) in a prosecution for false statements, obstruction of justice or perjury 
with respect to any acts committed or statements made during or after the meeting or testimony 
given after the meeting; or (b) if, at any time following the meeting, Client becomes a fugitive 
from justice. 
(3) Notwithstanding item (2) above: (a) the Government may use information derived 
directly or indirectly from the meeting for the purpose of obtaining leads to other evidence, which 
evidence may be used in any prosecution of Client by the Government; (b) in any prosecution 
brought against Client, the Government may use statements made by Client at the meeting and all 
evidence obtained directly or indirectly therefrom for the purpose of cross-examination should 
Client testify; and (c) the Government may also use statements made by Client at the meeting to 
rebut any evidence or arguments offered by or on be…
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