United States v. Brechner
United States Court of Appeals, Second Circuit
99 F.3d 96 (1996)
In exchange for pleading guilty to tax evasion and avoiding prosecution of his company and family, Brechner (defendant) agreed to provide complete, truthful information (including about bribes and unreported income sources) in return for the government moving for a downward sentencing departure; during a debriefing, Brechner initially lied about receiving kickbacks from two specific sources, but after a brief recess to consult his attorney, he admitted the truth. Months later, the prosecution declined to seek the agreed downward departure, citing Brechner's initial misrepresentation and the resulting difficulty relying on him as a credible witness; the district court granted Brechner's motion to compel the departure, finding the breach immaterial.
Whether a cooperating defendant's brief initial lie to prosecutors during a debriefing, followed by prompt recantation after consulting counsel, breaches a plea agreement's truthfulness requirement sufficiently to allow the government to withdraw its promised sentencing benefit.