What is a proffer agreement? Meaning explained in wake of Keefe D arrest over Tupac Shakur murder

Keefe D, a member of the California-based South Side Compton Crips gang who was arrested on Friday, September 29, due to his putative involvement in rapper Tupac Shakur’s murder in 1996, has reportedly mistaken his proffer agreement for immunity.

A proffer agreement is when a defendant in a case cooperates with the government and provides information about self-incrimination. Instead of taking place in court, the proffer meeting is often held at the local U.S. attorney's office. In the session, the defendant, who is represented by counsel, is questioned by federal prosecutors representing the government.

The purpose of the agreement is to make the defendant share written, verbal, or electronic information as statements with the government that may be of use in their case. The defendant must not lie or withhold any information that might be relevant and share all the knowledge they have about the crime being dealt with.

According to the agreement, whatever the defendant says during the session cannot be used against them. However, if it is later found out that the information provided by the defendant during the proffer meeting is inconsistent with the evidence, arguments, and further information obtained by third parties, the proffer statements can be used against the individual.

In the case that the defendant breaks the agreement, the government may also use the proffered information at the sentencing hearing. Thus, a proffer agreement does not promise absolute immunity to the defendant.

---

Keefe D confessed to his involvement in Tupac's murder in a proffer session

In 2009, Los Angeles Police interrogated Keefe D in connection with rapper Biggie’s murder in a proffer meeting. During the interrogation, Keefe confessed to being involved in Tupac Shakur’s murder in 1996. The gangster told police about Orlando Anderson, his nephew whom he claimed was Tupac’s shooter. In a recording of the LAPD interview, Keefe was heard telling police:

“[Anderson] leaned over and rolled down the window and popped him.”

He added that at first, Keefe himself attempted to shoot Tupac, but his aim was not accurate, so he handed over the gun to Orlando, who then fired the shots.

In 2019, retired LAPD detective Greg Kading, who was on the investigating team of Biggie’s murder case, proclaimed to CBS News Los Angeles that Keefe confessed to his complicity in Tupac’s shooting during the interrogation related to Biggie, aka the Notorious B.I.G.’s murder.

Keefe D has also elaborated on what led to Tupac’s shooting and how it was executed in a string of interviews with multiple outlets, most of which were with VladTV. His Nevada home was raided on a warrant as part of the ongoing probe into Tupac’s death.

Considering the case is nearly three decades old, speculations were made about the real intention behind the sudden raid. While some thought that it was an attempt on the investigators’ part to initiate a proper prosecution, others believed that it could only be a formal proceeding to push for a plea deal and eventually close the case as soon as possible.

American journalist DJ Vlad revealed in a recent sit-down with the Bomb1st podcast that the police sent him multiple emails and called him several times regarding his interview footage with Keefe D. However, the journalist refused to cooperate with law enforcement, stating that his platform, VladTV, would not be used for incarcerating its guests, even if it was at the cost of legal battles.

There are still multiple speculations about what the grand jury expects to achieve from Keefe D’s uncut interview footage. However, DJ Vlad asserted that almost the entirety of the interview recordings have already been made public. So, it leaves very little room to hide any evidence from the prosecutors.

However, a question remains nonetheless about Keefe D’s potential conviction. Critics argued that if substantial evidence is not found against Keefe, the gangster could simply claim that he fabricated his statements in those interviews for financial gain.

The crux of the entire matter now lies in the 2009 proffer agreement between Keefe D and the LAPD, which could determine if there are opportunities to use the statements made by Keefe against him.