Legal Definitions - pocket immunity

Pocket immunity refers to an informal, unwritten agreement made by a prosecutor or law enforcement officer not to pursue criminal charges against an individual in exchange for their cooperation. Unlike formal grants of immunity, which are typically documented and approved by a court, pocket immunity is a discretionary decision by the authorities to forgo prosecution based on the value of the individual's assistance, often in providing information or testimony against others involved in a more serious crime.

Here are some examples to illustrate pocket immunity:

• Example 1: Drug Trafficking Investigation

  Imagine a situation where a low-level drug courier is apprehended with a small quantity of illegal substances. During questioning, the courier offers to provide critical intelligence about a major drug kingpin and their distribution network, including locations and contacts. The lead detective, after consulting with the prosecutor, informally agrees that if the courier's information leads to the successful arrest and conviction of the kingpin, the courier will not be charged for their minor offense. This understanding is verbal and not formally documented in court.

  This illustrates pocket immunity because the courier receives an unwritten promise of non-prosecution from law enforcement in exchange for their valuable cooperation in a larger, more significant criminal investigation.

• Example 2: Corporate Fraud Scheme

  Consider an employee at a large corporation who discovers that senior executives are orchestrating a complex financial fraud. The employee had a minor, unwitting role in some of the transactions, following instructions without fully understanding the illegal nature of the activities. When federal investigators begin looking into the company, the employee comes forward. An FBI agent, with the prosecutor's implicit approval, tells the employee that if they provide comprehensive documentation and truthful testimony against the executives, they will not be charged for their peripheral involvement in the scheme. This agreement is a verbal assurance.

  Here, the employee benefits from pocket immunity as they receive an informal assurance from federal authorities that they will not face charges for their minor role in exchange for their crucial assistance in uncovering and prosecuting a major corporate fraud.

• Example 3: Preventing a Violent Crime

  A person is present at a gathering where acquaintances are discussing plans to commit a serious act of violence, such as an armed robbery. This person did not participate in the planning but overheard enough details to know the time and location. Fearing the potential harm, they anonymously tip off the police. When their identity is later discovered, the police and prosecutor agree that if this individual provides specific, verifiable details that allow authorities to prevent the robbery and apprehend the main perpetrators, they will not be charged for their initial presence or for failing to report the plot sooner. This is a verbal understanding between the individual and the authorities.

  This demonstrates pocket immunity because the individual receives an informal, unwritten promise from the authorities to avoid prosecution for a minor related offense in return for their cooperation in preventing a much more serious crime.