The S Visa is a special program designed to allow law enforcement to provide legal status to remain in the U.S. to non-citizens cooperating with investigations and prosecutions, in exchange for that cooperation. This report and its recommendations shine the light on the failure of government to properly administer the S Visa Program. Currently, eligible individuals who might provide information and cooperation are discouraged, and their attorneys find themselves unable to assure clients of the government’s ability to timely follow through on the exchange. [Released June 2021]
- Champion Article
When representing a cooperator, some defense lawyers tend to cede to the government three critical assessments that must be determined: the value of the information the cooperator provides, the cooperator’s relative worth as compared to others similarly situated, and the extent of the departure due under U.S.S.G. § 5K1.1. The authors describe the pitfalls lawyers should avoid when representing cooperators.
Brief of the National Association of Criminal Defense Lawyers As Amicus Curiae In Support of the Petition for Rehearing by the Panel or by the En Banc Court.
Argument: The Panel erred in relieving the government of its obligation to perform. Assuming Mr. Erwin breached the plea agreement, the Panel awarded a remedy that placed the government in a better position than it would have been in but for the breach and that punished Mr. Erwin. The Panel’s approach is inappropriate as a matter of public policy.