They said Cohen refused to sign a full cooperation agreement, like most residents of the Southern District, if they agreed to testify against their criminal partners. As part of such an agreement, witnesses must admit to any crimes they have committed and provide full details of crimes committed by others, including those the government was unaware of. Further analysis of the raw data of the Criminal Commission would be necessary to reach a definitive conclusion. But at first glance, it seems at least possible that S.D.N.Y. staff have great indulgence to a greater extent than average in many other districts, and common sense suggests that this may be partly responsible for stopping the GCCs in that district. For example, an accused who thinks that his best outcome, even in the case of collaboration, is a one-year prison sentence, cannot opt for cooperation, even if that sentence represents a considerable discount to what would otherwise risk the accused. However, the same accused may think otherwise if there is a real way to obtain a sentence without (or near) imprisonment because of cooperation. Cooperation in the Southern District, at least if it is assigned directly to the U.S. Attorney`s Office, begins with the implementation of a Proffer agreement. Cooperation that the government deems truthful and potentially useful usually leads to the inclusion of cooperation provisions in a correspondence agreement. This document, also known as a cooperation agreement, describes the defendant`s cooperation and the possibility for the government to make a request in paragraph 5K1.1 if it finds that the defendant has fulfilled its “essential support” obligations. The Cooperation Agreement does not provide that the 5K1.1 request is for a derogation at a number of levels. .

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