EFTA00159723.pdf

PROFFER AGREEMENT With respect to the meeting of Lawrence Visoski CI ent") and his attorney, Glen McGorty, Esq., with Assistant United States Attorney :o be held by video conference at the Office of the United Slates Attorney for the Southern Distri a of New York on October 7, 2020 ("the meeting"), the following understandings exist: (I) THIS IS NOT A COOPERATION AGREEMEN f. The Client has agreed to provide the Government with information, and to respond to qua dons, so that the Government may evaluate Client's information and responses in making prosy utive decisions. By receiving Client's proffer, the Government does not agree to make a motion o t 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 t uch 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 e innection with any sentencing proceeding for the purpose of determining an appropriate sentence, my statements made by Client at the meeting, except (a) in a prosecution for false statements, of struction of justice or perjury with respect to any acts committed or statements made during or fter the meeting or testimony given after the meeting; or (b) if, at any time following the meet; tg, 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 cads to other evidence, which evidence may be used in any prosecution of Client by the Cover meet; (b) in any prosecution brought against Client, the Government may use statements made t y 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 ma le by Client at the meeting to rebut any evidence or arguments offered by or on behalf of Client including arguments made or issues raised ma ;polite by the District Court) at any stage of the c iminal prosecution (including bail, all phases of trial, and sentencing) in any prosecution brought igainst Client (4) The Client understands and agrees that in the event thi Client seeks to qualify for a reduction in sentence order Title 18, United States C-MP, Se t1on 3553(f), United States Sentencing Guidelines, Sections 2D1.1(b)(18) or 5C1.2, or Fed. IL :rim. P. 35(b), the Office may offer or use at any stage of the criminal proceeding any atateme it made by Client during the meeting, and all evidence obtained directly or indirectly therefh m, to the extent such use is consistent with Section 4O2 of the First Step Act of 2018. (5) To the extent that the Government is entitled wader this i greement to offer in evidence any statements made by Client or leads obtained therefrom, Client hall assert no claim under the United States Constitution, any statute, Rule 410 of the Federal RI les of Evidence, or any other federal rule that such statements or any leads therefrom should be oppressed it is the intent of this Agreement to waive all rights in the foregoing respects. 01.142019 3527-Ol I Page I of 2 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_000 1005 1 EFTA00159723  (6) If this Office receives a request from another pro: ecutor's office for access to information obtained pursuant to this Proffer Agreement, this Offic may furnish such information but will do so only on the condition that the requesting office honor the provisions of this Agreement. (7) It is further understood that this Agreement is limited to the statements made by Cheat at the meeting and does not apply to any oral, written or recorder statements made by Client at any other nine. No understandings, promises, agreements and/or conditions have been entered into with respect to the meeting other than those set forth in this Agreement and noise will be entered into unless in writing and signed by all parties. (8) The understandings set forth in paragraphs I through 7 al ore extend to the continuation of this meeting on the dates that appear below. (9) Client and Attorney acknowledge that they have fully d scussal and understand every paragraph and clause in this Agreement and the consequences then of. Dated: New York, New York AUDREY ST1 AUSS Acting United items Attorney for the Southern Distr et of New York br Mains= Unite Mars Almon Attorney for Chem Witness Dates of Continuation 1pltlµs of aim mbclirsikaMathiss 1 1/ 12/2 01 0 3527-011 Page 2 of 2 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00010052 EFTA00159724