Dear Counsel:
This letter confirms that the United States Attorney for the District of Massachusetts will consider an accurate and complete proffer from your client, Carlo DeMaria, Jr., in connection with an investigation regarding FBT Everett Realty LLC and the ownership of real property located in Everett, Massachusetts. The terms under which the contemplated proffer will be received are as follows:
1. No statements made or other information provided by Carlo DeMaria, Jr. will be used by the United States Attorney directly against him, except to rebut any evidence offered, or factual assertions made, by or on behalf of Carlo DeMaria, Jr. at any stage of a criminal or civil proceeding (including but not limited to detention hearing, trial or sentencing) which is inconsistent with, or contrary to statements made during the proffer, or in a prosecution of Carlo DeMaria, Jr. based on false statements made or false information provided by Carlo DeMaria, Jr.
2. The government may make derivative use of, or may pursue any investigative leads suggested by, any statements made or other information provided by Carlo DeMaria, Jr. in the course of the proffer, Any evidence directly or indirectly derived from the proffer may be used against him and others in any criminal case or other proceeding. This provision is necessary in order to eliminate the possibility of a hearing at which the government would have to prove that the evidence it would introduce is not tainted by any statements made or other information provided during the proffer. See Kastigar v. United States, 406 U.S. 441 (1972).
The United States Attorney is not hereby agreeing that she will subsequently enter into a plea or immunity agreement with your client The foregoing is the complete agreement between your client and the United States Attorney with regard to your client’s proffer.
Very truly yours, CARMEN M. ORTIZ