Proffering

Proffering is the act of offering or presenting something for acceptance. The related verb is proffer, with the gerund proffering. In everyday use, proffering can refer to presenting ideas, goods, services, or information. In legal contexts, proffering has a more specialized sense: a formal presentation of information, evidence, or testimony offered to a court, prosecutor, or investigator for consideration.

Etymology and forms: the word derives from Middle English proferen, from Old French proferer, and ultimately from Latin proferre, “to bring forth.” The common forms are proffer (noun and verb) and proffering (gerund of proffer).

In legal practice: in United States criminal procedure, a proffer is a statement or presentation of information that one party offers to authorities, often during investigations or plea negotiations. A proffer session may be used to test the value of cooperation, determine potential benefits, or outline a cooperation agreement. The terms of how information gathered during proffers may be used are typically set out in a proffer letter or formal agreement, and these terms can affect decisions about sentencing, charges, or immunity. Because proffers involve strategic disclosures, they are usually conducted with legal counsel and care is taken to understand how statements may be used if the case proceeds to trial or resolves through a plea.

In broader usage: proffering can simply mean making a formal or courteous offering in social or professional contexts, such as proffering suggestions, proposals, or assistance. The term carries a sense of formality and intentionality that goes beyond a casual offer.