White Collar Advice: Recent Episodes
Justin Paperny
Defense attorneys, criminal defendants, and those who want to learn about federal prison and white-collar crime will find White Collar Advice’s podcast an excellent resource.
It’s never too soon and it’s never too late to begin preparing for a government investigation. Let me explain why.
Statistics show how easily an altercation with the criminal justice system can derail an individual’s life. Besides the indignity of an arrest, or notification that authorities have launched a criminal investigation, those who’ve been targeted by law enforcement must deal with ancillary consequences:
• How will this altercation influence my career and earning capacity? • How will my life change if I’m sentenced to federal prison? • How will a term of confinement influence my family members?
Clearly, anyone facing such challenges should consult with a competent defense attorney (we are not lawyers nor do we dispense legal advice). A lawyer will also help provide guidance to help people through the criminal justice system.
Specifically, our team helps those who want to learn how:
1: To serve the shortest prison sentence possible 2: To make favorable impressions at sentencing 3: To serve the sentence in a federal prison camp or the lowest possible security level 4: To restore confidence, establish relevance, and live a life of meaning during imprisonment 5: To return to society with a clear path to a new career 6: To create a record that leads to higher levels of liberty on supervised release
This podcast will not offer boilerplate information that anyone can obtain by way of a simple Google search.
Allow me to introduce some key team members (in no particular order!):
1: I am Justin Paperny. I graduated from the University of Southern California, then built my career as a successful stockbroker at Bear Stearns and UBS. I specialized in representing professional athletes and hedge funds. Bad decisions led me into problems with the criminal justice system, including a felony conviction for violating securities laws. To read the story, grab a free copy of Lessons From Prison at WhiteCollarAdvice.com.
2: Michael Santos is my close friend and mentor. We are also partners. We met in federal prison while he was serving a 45 year prison sentence. We formed our partnership while we were serving time in federal prison. While I coordinate the one-on-one consulting business with Sam Mangel, Lawrence Hartman (and others), Michael creates digital content for our team. He also leads our affiliate site, Prison Professors, where we publish content to teach and inspire people going through the journey. He also leads our nonprofit, Prison Professors Charitable Corporation.
3: Sam Mangel earned an undergraduate degree at the Wharton School, at the University of Pennsylvania. As founder and CEO of a business that sold insurance policies, he found himself in the crosshairs of a government investigation. He recalibrated while in federal prison and now works to help others.
4: Brad Rouse earned his undergraduate degree from Harvard. An expert communicator and performing artist, he won the Louis Sudler Prize. As an award-winning theater artist, Brad developed exceptional writing skills and personal knowledge of government investigations.
5: Lawrence Hartman earned his law degree from Columbia University. He built his career as a securities lawyer, working with Wall Street firms. He has extensive experience with government investigations.
White Collar Advice is also a useful resource for media outlets, including Dr. Phil, CNN, Fox News, Washington Post, Fortune, New York Post, BBC, ABC, NBC and others.
If you have specific questions, please email Support@WhiteCollarAdvice.com.
Thank you again for your interest in our podcast.
Justin Paperny
Three takeaways from the first seven pages of Mike Tyson's autobiography, Undisputed Truth. One, he wrote that from his character reference letters you would have thought he came up with a cure for cancer, had a plan for peace in the Middle East, and nursed sick kittens back to health. He knew the letters were a lie and said nothing about his character. Two, he wrote that he was so arrogant in the courtroom during the trial that there was no way they were going to give him a break. He knew it was off putting to the judge and he couldn't help it. Three, he told Don King, his former promoter, at the beginning of the trial that another lawyer on the team cared more, understood the case better, and was more vested, and he wanted that lawyer to take the lead. They said no. He acquiesced. So what is your demeanor like in front of a prosecutor, a probation officer, and a judge, and what are you agreeing to?
I read something this morning, then wasted time watching Masters of the Universe, and Skeletor's line at the end took me right back to what I read. Someone home from prison, prosecuted under the Biden DOJ, asked for my thoughts on his indictment. I told him I'm not a lawyer but I would read it. What I read made me sick. The DOJ convicts most people. They have endless resources. Your name versus the United States of America, and people thin slice it, they form a snap judgment, that's a wrap. So why lie? In this indictment a cooperating informant got the executive to say he would help raise money for another deal, something he wasn't supposed to do. There was no deal. There was no opportunity. They just wanted him to say he would. It was a superseding indictment. He went to prison. At the end of the cartoon, Skeletor tells He-Man, I like to win and I cheat. At least Skeletor tells you. You know where you stand with him. The DOJ does it under the guise of justice, and the odds were on their side anyway.
I had dinner with a prosecutor tonight. I wasn't expecting it. I was at my club working on our legal directory, which will have about a hundred lawyers in it soon, and a friend who golfed with him brought him in. Two things stuck with me. He admitted he may ask for a longer sentence when he knows the judge is inclined to give a shorter one, to balance it out. And he talked about the lawyer, and how credible the lawyer is. He studies the defendant, the background, who they are, the offense, how they got into it, whether it was a one-time crime or something that went on a long time, and the circumstances behind it. Then he assesses how well the lawyer sells it, and whether the lawyer sells it honestly. We're going to golf in a couple of weeks. I'll share more when I get it.
I've attended more than 1,500 sentencing hearings. This one was a guy who graduated college, went straight for an MBA, and built a business raising money to make investments. Three good quarters, then a bad quarter. Instead of telling his investors he lost money, he covered it up and told himself he would make it back. It became a Ponzi scheme, about $7 million, friends and family. I spoke with him 17 months ago and asked what he thought his judge would want to see. He told me he had an MBA, that he got it. I have a degree from USC. So what. That was me at 26, a broker at Bear Stearns thinking I was big time. I told him to wait tables, pick up trash, come to my club and pick up the balls, do something that shows he can earn a living as a law-abiding citizen paying taxes, and build the record he had yet to build. He didn't. At sentencing the judge asked him if he had ever done anything lawfully, if he had ever earned a living that didn't involve cheating and scheming and stealing. Same question I asked him 17 months ago. Six years. I'm angry because he has great parents and a loving family who wanted him to do more.
Someone stopped me at the water park in the Bahamas today while I was with my family. It happens about once a month. He was complimentary about the videos, then said we've got to acknowledge I only served 18 months, that it was nothing. He said it kindly. It took me back to 2008, when I got bad news in prison, started complaining to Michael, then apologized because he was serving a quarter century. Michael told me he was my friend and he was there to listen. He said my 18 months was traumatic for me and I should not compare it to him. So I told the man thank you, have a great vacation. Whether it's 18 months, three years, a year and a day, or probation, it's severe in your own life. You don't have to argue or convince everyone.
Freedom doesn't prove you've changed. Your conduct does. George Santos was sentenced to 78 or 87 months for fraud and identity theft, went to prison, complained, got clemency, came home, and then bet in the prediction markets that he would be somewhere. He made $35,000. He got caught. He settled with a civil agency, and his lawyer proudly said he doesn't admit or deny liability. In 17 years I've watched people go to prison for embezzling $35,000. If you get a pardon or clemency, you should be above reproach. You should set the standard for how to behave. Santos doubled down instead, and he made it worse for everyone who is actually a candidate for clemency. I think it's a real shame, and I think he's an embarrassment.
I had an early Zoom call with a doctor indicted in Florida and his lawyer. The doctor couldn't reconcile two things: the FBI agent told him at his arrest that they were in the bottom of the eighth inning, and his lawyer told him to sit back, relax, and wait for discovery. So I brought up Judge Carlos Mendoza, who isn't even his judge. Mendoza enlisted in the Marine Corps out of high school, served in Desert Shield and Desert Storm, came home, went to junior college, college, and law school, and Obama appointed him in 2014. Then I asked the doctor why he became a physician. To help people, he said. His father was a physician, he wasn't a great student, he was 35 when he finally finished, and he still has medical bills. The DOJ press release says he went to medical school and into private practice to bilk Medicare. He says that isn't true. I told him it doesn't matter what I think. It matters what the probation officer and the judge think. Study your judge. Mirror those values. We started our work today.
I read a quote from Warren Buffett. He wrote that the best investment you'll ever make is in yourself. Learn to communicate on paper and in person. If you can't get your idea across, it's like winking at a girl in the dark. Nothing happens. Get good at it, raise your own value 50%, and nobody can take it from you.
58 pages of conduct reports. Sex toys on a video visit. Stolen earrings from the kindwear room. Fake eyelashes. Mackenzie Shirilla has a 2037 parole hearing. Parole boards don't believe words. They look at records. She is off to a bad start.
Justin Paperny
Most defendants I speak with think they have a math problem. Loss amount, offense level, criminal history points. They obsess over the guideline range and do nothing to change it. Earlier today I spoke with a defendant back east who has spent weeks on the math and almost no time building the record that actually moves the outcome.
This episode is about that mistake.
Federal sentencing guidelines give a judge a starting point, not a final answer. I have been to more than 1,500 sentencing hearings since I came home from Taft Federal Prison Camp in 2008. I have heard judges mock defendants who claimed conduct they could not document. I have watched upper-guideline sentences handed down because a man wrote a letter saying he cared about his family but never once identified with the people he hurt. And I have watched defendants get below-guideline sentences because they sold the second car, moved to a smaller house, sat for a proffer, and kept every record.
In this episode I walk through what judges actually say at sentencing, what the sentencing memorandum cannot do for you, and what thirty to ninety minutes a day between now and your hearing can build that no lawyer can manufacture after the fact.
If you have been charged, are a target of an investigation, or are waiting for someone else to engineer your outcome, this episode is for you. The guidelines are only the guidelines. What you do today is the record.
He rehearsed his apology for weeks and still got 18 extra months. In this episode, I explain why vague remorse fails in federal court, what judges actually look for, and why the people who get better outcomes usually start building their case for leniency long before sentencing day.
Key Takeaways * The federal sentencing guidelines create a point-based system using offense level and criminal history to produce a recommended range in months. * Every enhancement — loss amount, victims, position of trust, obstruction — adds points and directly extends the likely sentence. * The guidelines are advisory after Booker, but judges calculate them in every case and explain any deviation. Most sentences remain within or near the range. * The Presentence Investigation Report is the document that carries your guideline calculation forward through the entire prison system. The PSR interview is one of the most important moments in the process. * Understanding your likely range early gives you time to influence it. Our federal sentence calculator provides that number before your attorney, the probation officer, or the judge does.
Justin Paperny
The federal sentencing guidelines exist because before 1987, two people convicted of the same crime could receive wildly different sentences depending on which judge they drew. Congress decided that was unacceptable. The Sentencing Reform Act fixed it — at least on paper.
Here's what most defendants don't know: the guidelines are advisory. United States v. Booker made that clear in 2005. Judges must calculate them. They don't have to follow them. This episode explains how the grid works — your offense level on one axis, criminal history category on the other — and what moves each number.
Three levels off for a genuine guilty plea. Role adjustments that can add or subtract years. Cooperation motions that can go below a mandatory minimum. These aren't technicalities. They're levers. We also share something Judge Stephen Bough told Michael directly: the guidelines are generic.
The 3553(a) factors are where the judge finally looks at you as a human being — your history, your circumstances, what you need to become a contributing member of society. That's your opening. The defendant who shows up with nothing gets sentenced by the grid. The defendant who shows up with a documented human story gives the judge something to work with. The math is the starting point. The record you build is what changes it.
Best,
Justin Paperny
Tracii entered federal prison with a 51-month sentence. She left after 17 months of actual custody. No calculator predicted that. She built it — teaching classes, documenting everything, submitting a release plan on day one, and updating it throughout her sentence.
This episode breaks down what our federal sentencing calculator actually does: you enter your imposed sentence, and it applies every available federal credit — Good Conduct Time, First Step Act earned credits, RDAP if applicable, pre-sentence custody days — and returns a projected release range. Not one number. A range. Because the final result depends on what you do.
We cover each credit type, why RDAP isn't always available even when you qualify, and how halfway house placement works. We also talk about the variable no calculator can model: your record.
Tracii received an 11-month sentence reduction. The judge cited her documented work by name in the order. Her case manager had seen it firsthand. Her camp administrator vouched for her. None of that was luck.
The calculator gives you the math. Your preparation determines how far above that baseline you finish.
Run the numbers at calculator.whitecollaradvice.com. Then schedule a call with our team.
Best,
Justin
By 4:00 a.m., I was awake—coffee, journaling, then writing beside Michael Santos. Count at 5:00. Chow at 6:30. Two to three hours running. Standing count at 10:30. Pots and pans detail until 1:30. Library or quiet room until lights out. I had $290 a month in commissary and 300 phone minutes. Structure wasn't optional—it kept me focused.
Minimum-security camps aren't violent; they're boring. Boredom ruins people. I avoided the TV room and built assets—a blog, drafts, notes that later became Lessons from Prison. The goal wasn't comfort. It was preparation for coming home.
Slow, steady effort wins. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Justin Paperny
When people ask me how to prepare for the final days before prison, I start at home. This is harder on your family than it is on you. No sleeping in. No complaining. You set the tone by functioning and leading.
Once the household is steady, I focus on what comes next. Minimum-security prison isn't what TV shows. The real risk is boredom. That's where bad decisions start. We build routines early so clients arrive prepared for the obstacles ahead—even on days they don't feel like preparing.
Leadership doesn't pause because prison is coming. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
After my daughter's basketball game, someone pulled me aside and said I work with "criminals." Years ago, I would've argued. Now I listen. Before prison, I would've said the same thing. A DOJ press release tells one side. That's it.
I asked him how he saw me—as a father, a husband. Then I asked how he would've seen me 20 years ago reading my indictment. The answer was obvious. People aren't frozen at their worst moment. I've watched men rebuild after creating their own crisis. I'm proud to call them friends.
Judges—formal or informal—should look at the record being built today, not headlines from the past. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
A few weeks in, it hit me: this was my life for a while. Then I saw something worse. Men serving short sentences—two years for tax crimes—were terrified to go home. Like The Shawshank Redemption, they feared life outside more than prison. Lost licenses. Restitution they couldn't pay. No income.
I met Michael Santos, who had served 22 years. He showed me that avoiding responsibility—hiding in workouts and routine—leads to lifelong damage. Prison ends. The consequences don't unless you change your behavior and document it.
That lesson changed how I prepared for release—and my family's future. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
I tell people this straight: shorter sentences don't start with credentials. They start with acceptance. Judges look for proof that you understand your role, that you're part of the solution, and that you're building a record showing you won't be back in another courtroom.
Too many defendants lean on a lawyer's past—former prosecutor, knows the judge, worked in that office. That doesn't change how you are perceived. In my experience, an engaged defender paired with documented behavior change matters more than pedigree.
If you want mitigation, you have to earn it. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
I've seen this pattern over and over. When someone commits a crime and doesn't get caught right away, the fear doesn't fade—it grows. Every knock, every phone call feels like the end. That anxiety eats at people.
I've had clients tell me they walked into the U.S. Attorney's office because they couldn't live waiting for a 6 a.m. arrest anymore. The stress was worse than the consequences. That fear drives decisions, often bad ones, if you don't slow down and think.
If you're under investigation, don't let panic decide for you. Learn how to respond before you act. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
I remember standing in a brokerage HR room watching a senior broker brag about raising $15–$20 million in a day. The truth came out fast. Junior brokers washed out, and he absorbed their accounts—$3 million here, $5 million there. No mentoring. Just consolidation.
That moment showed me how growth really worked in that environment. Advancement wasn't about teaching or ethics. It was about surviving long enough to take someone else's book. That realization shaped the bad decisions that followed.
If you're under investigation, understand the system you're in—and how incentives work. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
I was asked by a journalist to weigh in on claims that James Comey and Letitia James were victims of a two-tiered system. My answer surprised her. In 16 years, I've seen thousands of federal cases. Even with the best lawyers money can buy, I've seen one case dismissed. One.
Dismissals are almost nonexistent. When high-profile defendants get their cases tossed, that's the exception—not the rule. A sympathetic judge and a compelling narrative matter more than outrage.
Don't plan your future around rare outcomes. Prepare for what usually happens. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Justin Paperny
After 16 years in this space, patterns repeat. I describe a former U.S. Attorney—now a defense lawyer—calling a false-statements case "ridiculous." The irony? He once brought the same kind of case as a prosecutor. Not because it was justice, but because he could.
False-statement cases are easy to charge and hard to undo. DOJ data shows they're often stacked to increase leverage, not clarity. Assuming a case will "get dropped" is how people misjudge risk and lose control.
Understand incentives, not excuses. Prepare accordingly. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern
Justin Paperny
Walking the track at a minimum-security camp isn't what defines your future. What comes after release does. People who assume prison is the finish line usually struggle most when the structure disappears.
Literature matters in prison because it puts suffering in context. Reading about people who endured war, poverty, or decades of confinement—and still rebuilt—changes how you see your own situation. Justin's example is blunt: compared to people with no family support or education, many white-collar defendants start with advantages they ignore.
Prison doesn't have to define you. What you do with perspective does. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern
Justin Paperny
Small choices carry consequences inside federal prison. Gambling tied to recreational sports leads to injuries, debts, and disciplinary shots. Gossip and constant complaining create enemies fast. One common mistake is venting about a short sentence—off-putting when bunkmates may be serving ten years or more.
Time alone matters. It reduces exposure to conflict and bad decisions. Keep distance from staff. They aren't confidants, and casual comments can become reports. In federal prisons, many incident reports start with unnecessary conversation, not violence.
Keep your head down. Control your mouth. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Justin Paperny
When people panic, they talk. They explain inconsistencies, justify decisions, and try to "clear things up." That usually backfires. In one real case, a defendant already under indictment took a call from a former colleague—unaware that the caller was cooperating with the government.
The cooperator was coached to call, ask questions, and even lie if needed. The defendant opened up. Weeks later, prosecutors filed a superseding indictment. That single call made his situation worse.
Assume everyone has an agenda. Silence protects you. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Justin Paperny
Most White Collar Advice clients serve time in minimum-security camps, often with sentences under five years. That matters. You're entering a place where others have lived for decades. The smart move is humility—lay low, don't manipulate, and drop the TV-driven myths about prison life.
Real problems often start at night in TV rooms—gambling, noise, and tension. One practical fix: remove yourself. Waking up before the dorm creates a quiet two-to-three-hour window for thinking, planning, and staying out of trouble.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Justin Paperny
After a talk in Los Angeles last week, I realized how much people still misunderstand about prison. The questions I got weren't academic—they were based on assumptions that can actually hurt someone once they're inside. That's why I recorded this episode.
I walk through five prison myths I hear all the time. One is that minimum-security prison is just boring. Boredom is real, but that's also the danger. Idle time is where people waste years. If you use it right, prison can be a reset, not a holding pattern.
Another myth is thinking you "have time." With good time, earned time credits, RDAP, and halfway house placements, sentences move faster than people expect. If you drift early, you don't get that time back. The habits you form in the first week usually stick.
I also push back on the idea that camps are country clubs. Yes, there are sports. No, it's not easy or comfortable. This episode is about clearing the fog before it's too late.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Justin Paperny
This episode comes from a rough week—the kind where you know exactly what to do and still don't do it.
I record this after getting a call no one wants. Months earlier, someone in the community said he was cooperating and his lawyer told him that was enough. Probation. No prison. I pushed back and pointed him to an interview with Paul Bertrand, the FBI agent who arrested me. Bertrand said something that stuck: in his entire career, only one person avoided prison because of cooperation alone.
I urged this person to prepare anyway. Build a record. Make amends. Don't treat cooperation like insurance. He didn't listen. He trusted the lawyer. Trusted that his case was "different."
Then the text came during dinner. Two years.
This episode breaks down a hard truth people don't want to hear. Cooperation can shorten a sentence, but it rarely keeps you out of prison by itself. Judges look for more than information. They look for proof that you won't be back.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Justin Paperny
This episode starts mid-run, right after I get a text that simply says, "You were right."
I explain what led up to it. Two weeks earlier, a member of the community read his sentencing statement out loud during a webinar. I had already reviewed the letter I planned to give the judge and told him plainly: if you want less time, you need to rewrite this. The judge he was facing wouldn't give credit for paying restitution, even if the amount was large. Paying taxes and making victims whole is expected, not rewarded.
I warned him to remove that argument. He didn't. At sentencing, the judge did exactly what I predicted and pivoted hard. What could have been two years turned into 27 months.
Drawing on more than 1,500 sentencing hearings, I explain a shift I've seen over time. Judges don't shorten sentences because someone wrote a check. They want to see a record. They want to know why this person is different and why they won't be back.
The episode is a blunt reminder: restitution alone doesn't buy mercy. Change has to be proven, not assumed.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern
Justin Paperny
This episode was recorded on the way into sentencing, after a long night and with real life still moving in the background. The government is asking for three years in prison. There's no dramatic speech here and no last-minute plea for mercy.
I talk through what actually matters at this stage. Not promises. Not saying you'll never do it again. Judges hear that every day. What stands out is a record.
I reflect on someone in the community who didn't ask for forgiveness. I just did the work. Daily meetings. Volunteering hundreds of hours and documenting it. Working, saving, and paying money back. No shortcuts. No big moment where everything suddenly changes.
I call it boring because it is. Real change doesn't feel exciting. It's repetitive. It's quiet. It's showing up when no one is watching and doing the same thing again tomorrow.
If you're facing sentencing and wondering what redemption actually looks like, this episode explains it plainly. You don't argue your way out of prison. You build a record and hope the judge sees it.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern
Justin Paperny
In today’s episode, I share some personal thoughts on the news that Tai Lopez has been charged by the SEC with running a $112 million Ponzi scheme through his company, Retail Ecommerce Ventures.
I’ve followed Tai’s work over the years—not as an investor in his 67 Steps or any of his programs, but as a marketer interested in how he built an empire around books, Lamborghinis, and lifestyle branding. Millions admired him, millions hated him, but nobody ignored him.
Now he’s facing something I know all too well: an SEC case that could be referred to the DOJ and turn criminal. My own case started civil before becoming criminal, and I talk about that connection here.
We’ll cover what the SEC is alleging, why civil charges can escalate, what happens next for Lopez and his partners, and what lessons every entrepreneur should take away about hype, investor money, and compliance.
More than that, I try to explain the reality of what it feels like to go from selling success to being accused of fraud.
Thank you,
Justin Paperny
In this episode I go back to April 28th, 2008, the surrender drive my mom and older brother made with me, the gas station in Bakersfield, the very bad Carl’s Jr. meal, and the fact that I walked in without a plan until I met Michael inside, I explain how that mentorship led to my first asset, a daily writing commitment that started on October 12, 2008, I sent pages to my mom, she put them on the internet, I got praise and criticism and kept going, I lay out why I tell people to write something today—even a napkin note—and why to build a profile on prison org with a biography, daily journals, book reports, a release plan, and testimonials that go on a leaderboard, I talk about support for the org, the First Step Act program, and policy work on credits, parole, clemency, and furloughs, and you can also read the full blog on White Collar Advice.
Justin Paperny
In this episode I talk about family, because I saw the heartache and I also saw the hope in visitation, I lay out why complaining about peanut butter, mail call, alarms, and cold water does nothing at home while gratitude, studying, writing, preparing, and engaging in programs actually changes how your family experiences your time, I share how Michael helped men strengthen letters to judges, probation, and employers, and why telling the truth on calls matters more than fishing for sympathy, I get into Viktor Frankl on the why, Marcus Aurelius on perspective, and Epictetus on where to put your attention day to day, I explain why my own why was making my parents proud and not encumbering their retirement and how restitution payments fit into that, if you want all the examples and pacing you can listen to the full podcast, and you can also read the full blog on White Collar Advice.
Justin Paperny
This episode focuses on reputation from the inside—how people will thin-slice you in seconds off a DOJ press release and why you can’t leave the frame empty. I walk through saying “don’t use my name” to using the conviction as a conversation starter, writing daily, and handing out a signed book. We hit Blink (snap judgments), Montaigne (hard questions on the page), and Jim Rohn (work harder on yourself than on your job). Then I spell out what to post where people can see it: biography, journals, book reports, release plan, testimonials—time-stamped entries that add up to a body of work. This isn’t about logistics we cover in the weekly webinar; it’s about giving case managers, probation, and employers more than a headline. If you want the full context and the sequence of steps, listen to the podcast version, and you can also read the complete blog on White Collar Advice.
Justin Paperny
This episode is a push against waiting. I walk through the driving-range text—“you were right”—and the call that followed: a target who delayed prep through discovery and then learned cooperators had already proffered while the government moved ahead. We cover why time is against you (think blitzkrieg), why case managers and other stakeholders form opinions daily, and why segmenting the next hour and the next week is the only way to move. I lay out grounded asks: the right prison request, specific facility and programming (including RDAP) on the record, a surrender date that aligns, redesignation if needed, a written plan your family can see, fitness before you go in, and medications discussed with your physician. For families, the question to ask is simple: what do you do all day—and what’s your strategy. If you want the sequencing and examples, listen to the podcast; you can also read the full blog on White Collar Advice.
Justin Paperny
This final episode in the pre-sentencing series strips it down to the basics: if you don’t build your record, the government’s version stands uncontested. I talk about the common mistakes defendants make—waiting, trusting lawyers to handle everything, assuming cooperation or restitution will be enough—and why those choices lead to longer sentences and regret. I share the story of the physician told to work at KFC in the halfway house, and how it traces back to lack of preparation. I also revisit David Mulder’s case, where ignoring his lawyer’s advice and creating a narrative helped him get probation instead of years in custody. The point is direct: judges don’t care about adjectives or speeches, they care about dates and specifics backed by action. Sentencing is a full-time job, and silence is the worst strategy you can choose. For more detail, listen to the full podcast or read the blog at White Collar Advice.
Justin Paperny
In this episode, I put the spotlight on pressure and proof, not talk. Tracii Hutsona took a 51-month sentence after a tough victim impact statement and refused to drift. She surrendered with a written plan, shared it with family and a Tucson case manager, taught others how to write and document, and those efforts went into her central file. With evidence, updates, timelines, and third party support in place, she showed progress to her case manager, the warden, probation, and her judge, and asked to be considered extraordinary and compelling under the First Step Act. The judge cut nine months; her case manager backed twelve months in the community. She served about seventeen months on a fifty-one. The point isn’t luck—it’s sustained work you can show. If you want the sequence and timing, listen to the podcast; if you prefer to read, the full blog is on White Collar Advice.
Justin Paperny
In this episode, I dive into what Michael Santos taught me about the quadrant theory and how it shaped my prison adjustment. He broke down every day into 1,440 minutes—about 1,000 after sleep—and made me see how each of those minutes mattered. I explain the four quadrants—high risk/low reward, low risk/low reward, high risk/high reward, low risk/high reward—and how every decision in prison fits into one of them. I share why documenting your journey is high risk but high reward, why reading with purpose is low risk but high reward, and why wasting time with endless laps or TV is just low reward. The key lesson is that if you don’t use your thousand minutes deliberately, they vanish, and you’re left with regret. If you want more detail, you can listen to the full podcast, and you can also read the complete blog on White Collar Advice.
Justin Paperny
In this episode, I share the story of a physician who discovered too late that his sentencing memorandum didn’t reflect any of his work, and I contrast that with David Mulder, who decided to take action even when his lawyer told him not to. David watched interviews with federal judges, realized he hadn’t “fixed the window,” and reached out for help. Together, we created a narrative, got it into the probation report, and built on it with volunteering, speaking, and character letters. His lawyer had no idea our team was involved, but the strategy worked. Guidelines called for 48 to 60 months. The sentence was 12 months probation and 21 days in county jail. The point is simple: whether your lawyer is engaged or not, you must create. Judges notice when you act. You can hear the full context in the podcast or read the blog version on White Collar Advice.
Justin Paperny
When I was indicted, I let my lawyer speak first, then my friends and family. My own voice came last—and weakest. Judge Boulware once said the order of mitigation must start with the defendant. Yet most people get it wrong, and judges see straight through the excuses. In this episode, I break down why defendants can’t outsource their story, why boilerplate hardship claims (“I’ll miss my family,” “I’ll lose my career”) fall flat, and how honesty about privilege, mistakes, and collateral consequences actually earns respect. We even discuss a father with an autistic child who found leniency by admitting the painful truth: he stole from the same program that helped his son. That’s not manipulation—it’s ownership. Judges reward candor and preparation, not silence. If you’re waiting for your lawyer to lead, you’re already behind. Your story has to start with you, and it has to start now.
Justin Paperny
In this episode, I share what I learned about prison friendships, documentation, and credibility. Some people surrender with a plan, only to have a case manager dismiss it. That can be a test. They’re watching how you respond. I tell the story of a physician who quietly earned extra time in the community just by living consistently and productively. And I also share my own mistake—aligning with the wrong friend, Arthur. At first he encouraged me to exercise, but soon I saw the mockery, the judgment, and the hypocrisy I was enabling. Breaking away freed me to spend time with men who built rather than complained, and it gave me space to teach a class that actually helped others. If you want to hear more, listen to the podcast version, and if you prefer to read, you can find the full blog on White Collar Advice.
Justin Paperny
In this episode, I share what I learned inside federal prison about how people adjust, why so many regret their time, and how the U-shaped curve explains it. Early on, I spent my days exercising until Michael Santos asked me how much I’d earn for doing pull ups. That question, along with watching friends panic as release drew near, pushed me to shift. I cut down exercise, started writing, lined up work opportunities, and built something I could show to probation and future employers. Too many people coast at the bottom of the U and then face release with no plan, full of anxiety and regret. I don’t want that for you. If you want to hear more about this adjustment, listen to the podcast version, and you can also read the full blog on White Collar Advice.
Justin Paperny
A year ago, we spoke with an executive whose lawyer told him to “get off the internet and wait.” No plan. No preparation. Just bills piling up. Meanwhile, the government was working full-time to build its case. This defendant finally realized silence wasn’t a strategy, fired that lawyer, and began creating proof of who he really was. In this episode, I walk through the email Michael Santos sent him—a framework built around values, history, and action. Judges don’t care about polished excuses; they care about evidence of growth and contribution. Family responsibilities, work history, reflections, even simple journals—all of it can humanize you in ways prosecutors never will. Mitigation is not waiting for your attorney’s next call. It’s using this time to build a record that shows authenticity, accountability, and potential for change. Hope isn’t a plan. Action is.
Justin Paperny
I had to be blunt with someone in our community this week. He’d proffered, cooperated, paid restitution, hired good lawyers—and still thought that meant prosecutors were his friends. They’re not. Their job is to convict, and they’ll use every resource to do it. Probation officers aren’t neutral either. They see themselves as protecting society, and unless you influence the report, it usually mirrors the government’s version of events. Judges? Most came from prosecution. They review hundreds of cases and usually align with what’s in front of them: prosecutor, probation, defense memo. If that’s all they see, you lose by default. The only way to counter it is to act—create a record, write, show growth, and give your judge something authentic to weigh. Thinking isn’t enough. If you don’t start building now, you’ll face sentencing with nothing but the government’s story on the record.
Justin Paperny
In this episode, I move beyond the story of surrendering to prison lost and confused, and focus instead on how to prepare for a successful journey before you even walk through the gates. I cover practical steps like designating a primary point of contact, understanding the Financial Responsibility Program, limiting how much cash you surrender with, and preparing for health and medication challenges. I also talk about building deliberate reading lists, documenting your progress, and using what we call the quadrant theory to evaluate prison decisions as high or low risk and reward. This isn’t about abstract ideas—it’s about the record you build, the actions you take, and the plan you bring in with you. Judges, prosecutors, and case managers are skeptical, but actions carry weight. For more detail, you can listen to the full podcast or read the blog version on White Collar Advice.
Justin Paperny
On April 28th, 2008, I surrendered to the Taft federal prison camp, three years to the day after the FBI came to my door. I wasn’t ready. I stuffed myself at Carl’s Jr., lied to my family, and walked in with no real plan other than to exercise and keep my head down. In this episode, I talk about what it felt like to go in lost, the lessons I learned from my mentor Michael Santos, and how creating something tangible—a handwritten blog—became the turning point for my time inside. I share how reading with purpose, writing daily, and documenting progress changed not only my prison experience but also my family’s ability to see I was okay. If you’re preparing to surrender or already sentenced, these lessons matter. You can also read the full blog version of this message on White Collar Advice.
Justin Paperny
I admire when people try to create assets—letters, statements, narratives—for sentencing. But if you send the wrong message, it can backfire. In this episode, I walk through a real example of what not to do. The letter sounded polished, but the message was all wrong: I’m not like other criminals. Everyone in my industry did it. Prison isn’t necessary for me. Judges don’t hear remorse in that—they hear arrogance, excuses, and zero empathy for victims. Judge Bennett once told us a good allocution can reduce a sentence if it shows responsibility, a plan, and real change. The opposite is also true: the wrong letter can make a judge believe you’ve learned nothing. Don’t be “Joe,” the defendant who thinks he’s helping but convinces the court he doesn’t get it. If you’re preparing your message, start now, test it early, and make sure it reflects growth, not excuses.
Justin Paperny
When I stood in front of Judge Steven Wilson, I never thought about his values—or how mine compared. Looking back, I should have. Judges, prosecutors, probation officers—they all form opinions about you, and if you don’t create a record, the only version they see is the government’s. In this episode, I walk through an exercise I wish I had done as a defendant: list your judge’s values and ask how yours align. Discipline, accountability, public service—are you showing those in your life right now? I also share ten questions every defendant should answer, from how prosecutors see you, to what victims think, to what steps you’ve taken to make things right. Judges notice effort, not empty promises. They discount boilerplate apologies. You don’t need a million ideas—you need one executed well. The stonecutter’s blows matter, not silence. Start now.
Justin Paperny
We can’t change the past. But if you’re under investigation, you can absolutely influence what happens next. Too many defendants keep their heads down, pay back some money, plead guilty, and think that’s enough. It isn’t. Judges expect more than compliance or boilerplate apologies. I’ve been to sentencing hearings where defendants beg for mercy with the same lines: “I’m sorry. I’ll never do it again. I cooperated.” Judges see through it. They want proof you’re different from the government’s version of events. That means showing—early and often—what you’ve learned, what you’re fixing, and how you’re building a new record. Judge Ralph Erickson put it best: “Tell me something your client did when no one was keeping score.” If you don’t start writing your own slate, the government will fill it for you. In this episode, I share what real mitigation looks like and why it starts today.
Justin Paperny
When UBS fired me in 2005, I wasn’t thinking about a government investigation. I was worried about my job, my clients, and how to spin a story. Three months later the FBI knocked, and I lied. Then I went dark for a year, convinced they’d forgotten about me. They hadn’t. During that time, I should have been building a record that countered the government’s version of events. Instead, I left the field wide open, and the government set the tone with their press release. In this episode, I talk about why silence makes you weaker, why judges do read everything, and what former judges have told us they look for—proof, not promises. If you have a probation interview or sentencing ahead, you can’t wait. Start building something now, even if it’s small, so the government isn’t the only author of your story.
Justin Paperny
In this episode, I share what I wish someone had told me when the FBI knocked on my door back in 2005. I didn’t handle it well. I stayed silent, told half-truths, and thought expensive lawyers and keeping busy would protect me. It didn’t. By the time the plea came, the government had already built the case and written the narrative. The DOJ press release branded me a criminal, and I had nothing in my file to counter it. In prison, I met Michael Santos, who pushed me to stop staring at shadows and start creating proof of who I was becoming. That first blog I wrote in 2008 changed everything—it gave judges, probation officers, and even my family something to see beyond the charges. If you’re preparing for a probation interview or sentencing, don’t wait. Build something now, so the government isn’t the only author of your story.
Stop Wasting Time—Start Proving You Deserve Leniency A defendant facing sentencing told me, “I wish I knew then what I know now.” But wishing doesn’t move the needle. His probation officer already sees him as “trash.” That perception won’t change with excuses. In the next two weeks, he needs to document growth—something that proves he’s more than a case number. Judges and probation officers don’t reward regret. They respond to action. Start showing—not just saying—what you’ve learned, what you’re doing, and how you’ll rebuild.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to make every day count toward leniency.
George Santos told Tucker Carlson, "I don’t think I survive this."
CNN asked me if that fear was justified. I’ve served time in federal prison, and over the last 15 years, our team has worked with thousands of people getting ready to surrender—people from all backgrounds, including high-profile defendants like Santos.
He’s reporting to a minimum-security camp, not a violent facility. But fear isn’t unusual. What’s unusual is how public he’s been about it—and how little he’s done to prepare.
In this segment, I break down:
– Why fear isn’t the problem—lack of preparation is – What case managers, judges, and probation officers still expect after sentencing – How people waste time inside—and how some use it to write, teach, and build credibility – Why asking for a pardon before doing the work sends the wrong message
If you’re facing federal sentencing or prison, start now.
Justin Paperny
Share the Progress—Don’t Just Ask for Leniency Judges hear promises at sentencing all the time—but most defendants don’t follow through. One member of our community did. He documented his daily prison routine, reported what he was learning, and shared how he was preparing to live responsibly and repay victims. His consistency paid off: a judge resentenced him to time served under the First Step Act. The takeaway? Don’t wait until you want something. Build a record. Share it. Show it. That’s how you earn trust—and liberty.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how.
Accountability Starts with Ownership—Even for High-Profile Defendants
People criticize offering advice to figures like Elizabeth Holmes or George Santos. But real change starts the same way for everyone: by accepting full responsibility. I learned this firsthand in federal prison. Once I stopped deflecting and said, “It’s all my fault—here’s what I’ll do moving forward,” my life began to shift. That mindset—combined with a clear plan and consistent documentation—builds credibility with stakeholders. You won’t win everyone back, but you can earn trust from those who matter.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to build your release plan and prove you’re serious.
The Real Cost of a Conviction When people think about the biggest consequence of a criminal conviction, they often focus on prison, DOJ press releases, or the guilty plea itself. But as Justin Paperny shares, the deeper cost comes later: isolation. After prison, even success draws skepticism — online hate, accusations, even extortion attempts. Justin’s viral video brought both praise and attacks, but years after prison, he’s learned to feel indifferent. That indifference, though, comes with loneliness few understand.
Takeaway: The emotional aftermath of conviction lingers long after release.
👉 Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Why Sean Combs Won’t Get Time Served Without Effort
Too many assume Sean Combs will get time served, but that’s lazy thinking. As I explained on Law and Crime, federal judges don’t just hand out leniency — they need proof. In Combs’ case, the judge cited his past criminal history when denying release, showing skepticism already. A lawyer’s polished statements won’t cut it. What matters is what Combs is doing himself — in prison — to show personal growth, remorse, and commitment to change. Judges listen when probation officers vouch for real progress, not paid defenses.
👉 Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Summary: Define Success, Then Own It in Prison
In federal prison, success doesn’t look the same for everyone. Some people write books or prepare for release; others play pickleball or use an iPhone to stay connected. What matters is that you define your own goals and commit to them, without stalling or blaming others. As Michael Santos and I teach, no one else—not even your spouse—can carry that responsibility for you. A real-world example: I once told a frustrated caller, “I’m not your husband’s parent—he has to decide what progress means.” Want practical guidance on how to build your own record? Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Early Action Matters in Federal Cases Last week, I spoke with a pharmacist indicted for illegally distributing opioids—millions of pills. Back in February, he was scared but convinced the government lacked evidence. Now, months later, he’s panicking. Why? Others cooperated early, gave information, and left him with nothing to offer.
Here’s the truth: DOJ prosecutors work full-time. Waiting only shrinks your options. One study shows over 90% of federal cases end in plea deals—and those who act early often see better outcomes.
If you’re under investigation, ask yourself: what’s your plan? Don’t wait for a do-over.
👉 Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Sean “Diddy” Combs will be sentenced on October 3rd. In this video, I explain why it’s a mistake to focus on predictions about whether he’ll get time served. I served time in federal prison, and I’ve worked with hundreds of defendants preparing for sentencing.
Judges don’t rely just on lawyers. They don’t base their sentence on public statements or reputation. They read the probation report—and they often rely on the probation officer’s recommendation when justifying the sentence. If Diddy wants leniency, he’ll have to earn it through daily, documented effort. That includes how he uses his time in custody, how he documents his progress, and whether he shows consistent daily progress, not just a last-minute statement.
In this video, I lay out the exact steps he should be taking now to avoid a longer federal prison sentence. Best,
Justin Paperny
In this episode, I reflect on a recent conversation with a father who waited too long to act during a federal investigation—and what Robert Greene’s The 33 Strategies of War teaches us about timing, silence, and influence. We connect Greene’s strategies to earlier themes from Montaigne, Seneca, Camus, and Ayn Rand, focusing on how people lose ground not through action, but through delay. This isn’t about sentencing. It’s about how others judge what you build—or what you fail to show—while the window is still open.
Justin Paperny
Since 2009, 87 people in our community have gone to trial. Every one of them lost. It’s not a statistic I share with pride, but it’s the truth. We don’t represent people at trial. We don’t write motions. We’re not defense attorneys. But we work with people who going to trial. And since odds are they lose, including the innocent, we encourage people to prepare.
Let me say it again, something I tend to do: If you’re going to trial, you better prepare for sentencing as if you’ve already lost. Conviction Isn’t the End—It’s the Beginning of Regret
When the verdict comes down, most people describe the same thing: a freezing moment where everything locks in place. A physician told me it felt like his whole life collapsed into a second. That kind of mental collapse doesn’t announce itself. It just shows up. Thankfully, he had been preparing for the worst case scenario, like Jerry Lundergan did.
I suspect if Diddy loses his lawyers will lean in and say what they always say: “We’ll appeal. We’re not done. This isn’t over.” Sometimes defendants believe it. Sometimes they don’t.
What happens next is often worse than the verdict—regret. Regret over a deal you didn’t take. Regret that you weren’t thinking clearly six months earlier. Regret that you listened to too many people who said you’d win.
I’ve seen people sentenced to 10 years who told me they would have taken three in a plea if they had a chance to go back. But there’s no going back.
What Happens at MDC After the Verdict
If Diddy is convicted, he’ll go back to MDC Brooklyn, but the atmosphere will be different. There’s no presumption of innocence. Staff know the outcome. So do the other prisoners. That doesn’t mean they’ll treat him differently—they already assume what’s coming. But once you’re convicted, everything shifts. You’re no longer awaiting a result. You’re awaiting a federal prison sentence.
He Won’t Go to a Camp—and Maybe Not Even to a Low
If convicted of what the indictment alleges—sex trafficking, drugs, and firearms—Combs is not eligible for a federal prison camp. Those convictions carry public safety factors that eliminate camp placement completely. That’s not speculation. That’s BOP policy.
If he’s sentenced to more than 20 years, a low-security placement is also unlikely. That means the most likely placement is a medium-security federal prison, such as Victorville in California or Coleman in Florida.
Victorville Medium houses men. It’s part of a larger complex that includes a high-security USP and a women’s camp nearby. If the penitentiary locks down, every prison on the complex—including the camp—gets locked down with it. That’s the consequence of being in a place with a long history of violence, institutional politics, and custody disruptions.
Victorville offers RDAP, basic programming, and the chance to earn time credits—if you have the right documentation in your PSR. But medical care is limited. Commissary is capped. Visitation is inconsistent. And the politics of a medium are nothing like a camp.
Medium vs. Low Isn’t Just a Fence Line
There’s a reason violence is more common in mediums. In medium-security prisons, you’re more likely to be around people with long sentences, violent histories, or repeat federal cases. In a camp or a low, most people are within 10–20 years of release. They have a date in mind. They don’t want trouble.
In a medium, that dynamic changes. Release is farther away. Time feels cheaper. People are more likely to enforce their politics. That includes racial lines, gang structures, and expectations of behavior. The idea of being left alone isn’t guaranteed.
The people around Diddy will know exactly why he’s there. He won’t have to say anything. But if he walks in acting like he’s still in control, like the rules don’t apply, like he’s better than the people around him—there will be problems. If he takes the opposite approach, it’ll still be hard. But people might give him space. That’s what I learned inside. If people see you working, staying quiet, doing your job, and not complaining—they give you a break.
Mitigation Still Matters After a Conviction
I’ve worked with plenty of people convicted at trial who still mitigated. As I wrote earlier, Jerry Lundergan was convicted at trial and facing 63 months. He got 21. Later, he was pardoned—partly because of the documentation and advocacy he helped build while working with PrisonProfessors.org.
If Diddy is convicted, he can still prepare for sentencing. He can still show what he will do moving forward. That means getting the PSR right. That means building a release plan, contributing to his fellow prisoners.
If you’re facing federal charges and thinking about trial, ask yourself one question: What will your record show if you lose?
We’ll be here.
Justin Paperny
Watching Isn’t Enough—You Have to Do the Work
If you're on this channel, you're likely under investigation—or love someone who is. Watching videos helps, but action matters more. Six weeks ago, I told a doctor to role-play sentencing with his lawyer, review the sentencing memo, and help shape his story. He didn’t. The night before sentencing, he hadn’t even read the memo. His lawyer’s advice? “Do the best you can.” That’s not a plan. If you want the shortest sentence, you can’t be passive. You have to advocate, prepare, and implement—every step matters.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Why I Almost Wasted My Prison Term
When I met Michael, he’d served 22 years. I had 18 months. He said, “I’ll do every day with you,” and he meant it. He became a mentor—but I resisted at first. One day he asked, “On a scale of 1–10, how hard are you preparing to go home?” I said, “One.” His reply hit hard: own your choices or keep asking for favors when you get out. Most people inside didn’t plan, didn’t lead, didn’t prepare. I was no different—until I listened. Don’t waste your sentence. Lead your own rebuild.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
When You Resign From a Brokerage: The Scramble for Control and Clients
Leaving a brokerage isn’t smooth—especially on a Friday. In this story, my resignation sparked panic. The branch manager tried to lock us in, knowing UBS would want our clients fast. The firm technically owns the accounts, so they handed them to top brokers who smeared us to keep assets in-house: “Justin’s gone,” “your account’s too small,” “it’s not worth switching.” One broker got $70 million in client assets dumped on his lap with one mission: keep it. That’s the pressure. That’s the game.
Real talk, real outcomes. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Rebuilding Starts the Day You Plead Guilty
Once you plead guilty, stop blaming others. You’re not a victim—you’re responsible for what comes next. I wasted my first few months in prison until I shared a cubicle with Michael. He helped me shift my mindset: create assets, take control, and provide value. That’s how you rebuild. Write. Document your journey. Offer something useful to others. These steps matter now—not six months before release. Judges and probation officers don’t care about promises; they care about proof. You’ve got time—use it right.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Don’t Just Say You’re Sorry—Show It
Saying “I’m sorry” won’t carry much weight with a judge. What does? Proof. Michael told me: create an asset. Write a book. Draft a reentry plan. Start a blog. I wrote a letter to my judge from prison—and that changed everything. These assets show effort. They give judges, case managers, and probation officers something real to read and consider. But here’s the catch: it takes work. Most wait until it’s too late. If you’re not documenting who you are now, you’ll lose the chance to show it later.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
How Cooperation Helped—And What Didn’t
For a year before sentencing, I worked with the SEC to explain how the fraud at UBS unfolded. That effort paid off. The SEC told the DOJ they didn’t view UBS as a victim, which meant I didn’t owe $8.5 million in restitution. Investors got their money back—thanks to UBS, not me—but it helped reduce the financial damage at sentencing. Still, the judge wasn’t swayed. He saw someone with every advantage who chose to look the other way for money. His message: you got caught, others don’t. That’s why you’re going to prison.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
I Got a Second Chance—But Only Because My Co-Defendant Blew His Six months after I pled guilty, I got a call: my co-defendant Keith had been indicted again, this time for hiding assets through a straw buyer. That move tanked his credibility—and opened the door for me. The government wasn’t going to use most of what he said against me. Instead, I got a shot to cooperate with the SEC. They wanted details about how UBS let a small-time hedge fund operator run unchecked. My lawyer made it clear: this could cut years off my sentence—but only if I told the full truth.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how honesty—backed by preparation—can change your outcome.
I Lost My Chance to Cooperate—And Paid the Price By the time the government came to me, they already had their case—thanks to my client, who got ahead of it and cooperated. I didn’t. I lied. That lie cost me the chance to earn credit for cooperation. When my lawyer told me I could either plead or go to trial and lose, the plea deal on the table was five years. That phone call came 10 months after I thought I’d moved on. The press release didn’t name me, but I knew who the “co-conspirator” was.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to start building your defense the right way.
How I Went from Witness to Target in One Meeting
I walked into the meeting thinking I was just a witness. But seven minutes in, the FBI asked if I remembered a press release claiming my client’s hedge fund returned 27% annually. I said no—twice. Then they showed me proof: an email I had written mocking that very claim. My lawyer ended the meeting on the spot. I wasn’t under oath, but I had just obstructed a federal investigation. That moment changed everything.
Real lesson: Lying—even casually—can turn you from witness to defendant fast.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
The Day the FBI Knocked—and I Blew My Chance to Mitigate
On April 28, 2005, the FBI showed up at my door. I wasn’t prepared. I had already left UBS, but they were investigating my past role in the GLT Fund. Instead of hiring a criminal defense attorney, I hired a civil lawyer. I walked into that FBI meeting with zero preparation—blaming others, denying responsibility, and lying to my lawyer. What I said that day helped seal my indictment and eventual prison sentence. If you don’t own your role early, the government will define it for you.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern and learn how to prepare before it’s too late.
When Denial Ends and the Paper Trail Starts
On June 16, 2002, I took a client’s money knowing deep down it would end badly. By December 15, 2004, it did. A forged letter—on UBS letterhead—claimed investors would be made whole if the hedge fund collapsed, with my name signed at the bottom. Only, I never signed it. My branch manager had me write my signature eight times. It didn’t match. That’s when the truth started unraveling and the investigation began. In white collar crime, everyone suddenly “knows nothing.” But the evidence—emails, letters, signatures—tells the real story.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern. Learn how to get honest before the government forces you to.
Covering Yourself Doesn’t Erase Complicity
At a meeting, an elderly investor believed he had $3 million. The truth? Less than $1 million remained—and the rest had been gone for years. That moment forced a decision. Instead of reporting the hedge fund manager’s fraud, the brokers created a disclosure form to shield themselves. The commissions—$100K to $200K per month—kept coming. UBS compliance signed off. But protecting yourself on paper doesn’t undo your silence. It just documents your complicity. Inaction, when you know the truth, is a choice—and prosecutors will treat it that way.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to learn how to confront your past before it defines your future.
In 1997, I was a new broker at Merrill Lynch with $10–15 million raised, but management pressured me to join a team. I watched how that model worked: junior brokers gave up their books and ended up doing all the work while senior partners took the credit—and the commissions. They stopped prospecting, stopped growing, and eventually got pushed out. I saw a system that rewarded the wrong things and punished effort. I made a vow then: I wouldn't play that game.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to start making smarter decisions under pressure.
When Commissions Blind You to Consequences
In this story, $6 million was lost due to reckless trading. The broker wasn’t managing the money—just executing the trades—but the commissions kept flowing: $100K to $200K per month. Compliance knew. So did the broker. Then came another $6 million, raised under false pretenses. That’s when denial turned into criminal conduct. Even without speaking to investors or managing funds, continued involvement became complicity. Ignoring red flags because you’re getting paid doesn’t shield you from prosecution—it buries you in it.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to learn how to own your story before it owns you.
When the FBI knocked on my door in 2005, I thought I could manage the situation. I was wrong. In this episode of The Presumption of Innocence, I sit down with defense attorney Matt Adams to unpack the moment everything changed—how I hired a lawyer, ignored his advice, lied to federal agents, and turned what might have been a civil case into an 18-month federal prison sentence.
We talk about what really happens during a government investigation, why cooperation is meaningless without credibility, and how my co-defendant used my mistakes to earn a better outcome. I also share how I rebuilt my life after prison, and what people facing federal charges must understand if they want to avoid making the same costly errors.
Whether you’ve just received a target letter or you’re preparing for sentencing, this conversation will help you see how the smallest decisions early in a case can define everything that comes next.
When You Know It’s Wrong—But Do It Anyway
On June 16, 2002, I took a $6 million hedge fund transfer from a manager I knew had a shady history. I knew it would go bad—and I took the money anyway. Why? Because I needed to hit my numbers. That’s how many white-collar crimes start: not with some grand plan, but with a moment of pressure and a willingness to ignore the red flags. I had grown up with opportunity, yet I still crossed the line. It cost me everything.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern. Don’t make the same mistake.
What I Learned About Status in Federal Prison
When I arrived in federal prison, I thought people would judge me based on my white collar conviction or my 18-month sentence. I was wrong. No one cared about my crime or background—what mattered was how I behaved. I learned fast: don’t brag, don’t complain, and don’t act like you’re better than anyone else. A felony levels everything. Whether you did 18 months or seven years, the system resets you. One guy at my camp mocked another for whining about his short sentence—and it got ugly. That taught me: humility goes a long way inside.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
How Ego and Entitlement Led Me to Federal Prison I thought I deserved a raise. I was bringing in big commissions and figured I’d earned more. When my senior partner laughed me off, I didn’t just get mad—I got even. I found a loophole in Bear Stearns’ accounting system and used it to steal what I thought I was “owed.” That decision—rooted in entitlement—started a slow slide: I ignored my clients, stopped taking care of myself, and justified every step. It ended with me standing for count in federal prison.
Real consequence: Rationalizing unfairness is often the first step toward a federal indictment.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to build a record that proves you're worthy of leniency.
Entitlement Will Keep You in Federal Prison Longer
In federal prison camps, you can act entitled—but it will cost you. One white-collar defendant mocked the drug program on a recorded call. Another inmate tipped off staff. Result? He was kicked out and lost a year off his sentence. Programs like RDAP and home confinement under the new BOP directive reward preparation and follow-through—not arrogance. Staff already view white-collar defendants as manipulative. Don’t prove them right. Build a record that shows real change, not gamesmanship.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to shorten your sentence by doing the work that counts.
Following Through After Prison: Why June 3rd Still Matters
In prison, it’s easy to talk about rebuilding your life. Following through? That’s the hard part. On June 3rd, 2009—fresh out on a four-hour halfway house pass—I suited up, grabbed 20 copies of Lessons From Prison, and walked into downtown L.A. law offices, pitching my book cold. Most people ignored me. One threw me out. But one lawyer, Mark Werksman, shook my hand—and years later, he’s still handing that book to his clients. That day wasn’t glamorous, but it was real. If you're serious about making amends, don’t just plan. Act.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Why the Masterminds Might Get Less Time Than You
An executive who committed PPP fraud called me after learning he's facing serious time. Ten years ago, he saw me speak—long before he got into trouble. Now, the FBI has already flipped the ringleaders, and because they had information to trade, they may get shorter sentences. He doesn’t. That’s the reality: in federal cases, the last to cooperate often pays the highest price. It’s not always fair, but it is predictable. Don’t wait.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to take control before it’s too late.
What Happened When the Judge Interrupted His Allocution
A former executive stood before a judge and tried to frame 12 years of fraud as a one-time mistake. The judge cut him off—furious. Why? Because the message didn’t match the facts. If you want a shorter sentence, honesty matters more than spin. Own the truth, even the worst parts. A better allocution would’ve admitted the long-term fraud, explained the mindset, accepted responsibility, and outlined a plan for change. Judges can spot a fake. Don’t give them a reason to doubt you.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to prepare for sentencing the right way.
How One Man Avoided Charges by Preparing Early
While celebrating my son’s birthday, I got news: someone in our community avoided federal charges because he prepared early. Instead of staying silent after sensing trouble, he retained a lawyer, studied our proffer resources, and spent hours building a record showing why he was worthy of leniency. The FBI didn’t raid his home—because he was ready. I wasn’t in 2005, and I paid the price. Silence isn’t a plan. Hope isn’t a defense.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to respond before it’s too late.
When Reality Hits in Federal Prison
One week into my sentence, I called my sister-in-law and said, “I’m ready to come home now.” I finally understood the weight of my decisions—but I still had 371 days left. That’s the mistake: thinking regret is enough. It’s not. A bad choice can cost you your freedom, reputation, license, and business. I learned that the hard way. If you're under investigation or facing time, don’t wait until you're inside to realize what's at stake.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to start preparing before it’s too late.
Why Your Reentry Plan Matters—Even If You Think You Don’t Need One
The First Step Act allows early release for people who show they’re extraordinary and compelling—but that requires proof. That means building a clear reentry plan before prison. Don’t just say you’ve changed—show it. Document what you’re learning, how you’re contributing, and why you won’t return to court. Case managers hear excuses every day. What they rarely see is real preparation. I told the Chrisleys the same thing before they surrendered: show your work. That’s how you influence outcomes.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to start building your reentry plan the right way.
Cooperation Isn’t Enough: Build a Record That Earns Leniency
A defendant called me in a panic after hearing retired FBI agent Paul Bertrand—who arrested me—speak at our webinar. Paul said that in decades with the Bureau, he saw only one case where cooperation alone kept someone out of prison. The defendant realized he'd spent three years doing nothing but cooperating. No restitution. No work. No progress. Just waiting. His lawyer finally told him the truth: cooperation helps, but it doesn’t replace action.
Real leniency comes from showing change, not just cutting a deal.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
The Chrisley Pardons: What Comes Next Matters More Than the Headlines
Todd and Julie Chrisley were pardoned—and the reaction has been split. Some say it’s unfair since they went to trial and didn’t admit guilt. Others say their prison terms were too long. I’ve worked with the family post-sentencing and with their daughter Lindsay on media strategy, so I get why people ask my take. Here it is: we send too many people to prison. Warehousing people in minimum-security camps for decades—like my partner, who served 26 years for a nonviolent drug crime—doesn’t help victims or society. Real reform looks like work release, parole, and earned freedom.
If you get a second chance, don’t waste it. Focus on what you’ve learned, how you’ll contribute, and how you’ll fix what you can.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Start Preparing Before the Government Finishes Building Their Case
If you're under investigation, don’t wait. A young man in San Diego hesitated to prepare because his lawyer said it might “look guilty.” But let’s be clear—getting arrested already did that. The government doesn't sit around; FBI agents start investigations with timelines, victim interviews, and spreadsheets. Why should you be any different? Like an athlete preparing for postseason, your job is to show progress, not panic. Waiting doesn’t help—it only gives them a head start.
Real Step to Take: Document your efforts, build a mitigation plan, and get moving.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Why Doing the Work Still Matters—Even If It Doesn’t Shorten Your Sentence
A man texted me during Mission Impossible asking, “What if I do everything and still get the same sentence?” My answer: it’s still worth it. If you’re building a real record—seeking work, helping others, showing victims you mean it—then you’re not just reacting to your case, you’re reshaping your identity. Michael Santos spent 26 years in prison and heard the same doubts. He didn’t wait. Neither should you.
Start now. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern. Learn how to build a mitigation record that matters.
White Collar Crime, Immigration, and the Cost of Inaction
A man living in the U.S. for over 30 years ignored clear warnings: he wasn’t a citizen, and he was under white collar investigation. I told him last August—get a lawyer, get ahead of it, read the DOJ’s memo on self-reporting and immigration risk. He brushed it off. Now, he’s detained without bond and will be deported after serving time. This isn’t theory—it’s real. The DOJ is prioritizing immigration enforcement and rewarding early cooperation in white collar cases. Don’t wait.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to get ahead before it’s too late.
After Monday’s webinar, my inbox filled up. A few people said they learned something. Some asked where to start. But most just admitted they felt stuck.
They said things like: “I’m too ashamed.” “I’m too old.” “It’s too late.” “What’s the point?”
This episode is about those questions—and the quiet decision to do nothing that usually follows them.
I share real stories: a doctor who said he’d do anything except the one thing that mattered. A father who claimed family was his highest value but couldn’t spend two hours preparing for his probation interview. Their words and their actions didn’t match—and it cost them.
This isn’t about motivational fluff. It’s about the gap between what people say matters to them and what they actually do when it counts.
I also talk about what happens when you don’t create a record—when you let the DOJ press release tell your story for years because you were afraid to say anything else. One man lost nearly everything because of that silence.
You don’t need to be polished. You don’t need to be ready. You just need to begin. Rebuilding doesn’t start with a grand plan. It starts with a paragraph, a post, a conversation.
If you’ve been wondering what people will remember about you—this episode is for you.
Justin Paperny
What a Retired FBI Agent Says Defendants Always Get Wrong
Last week, I interviewed retired FBI agent Paul Bertrand, and his message was blunt: stop calling your crime non-violent or victimless. He’s seen fraud victims lose everything—money, businesses, even their lives. And if there's no clear victim? The “victim” becomes the taxpayer, because federal resources were spent on your case. Bertrand believes sentences should be longer for white-collar offenders who dodge accountability. If you're facing charges, don’t waste time defending labels—start preparing to show how you’ll make things right. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn how to build that plan.
Why Hiding a Federal Conviction Can Destroy Your Business Later
A man who avoided public disclosure of his federal conviction is now paying the price. Ten years after prison, a competitor exposed his past to clients, costing him contracts and credibility. He once told us, “I didn’t think anyone would find out—there was no DOJ press release.” But silence isn’t strategy; it’s a time bomb. Disclosure, even when uncomfortable, builds trust and control. This story proves it: if you’ve got a federal record, the risk of staying quiet is bigger than the hit of being honest. Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern to learn more.
Why Some People Waste Their Federal Prison Experience
Sixteen years ago, I spent my first full day in a halfway house. One guy there, a former pharmacist, walked around quoting philosophers, yet couldn’t face the one truth that mattered: he never took responsibility for his crime. He said he did “nothing wrong”—just like the many defendants who still call me today blaming Trump, Pelosi, or anyone else but themselves. That mindset guarantees failure. He later violated probation. The lesson? Quoting Nietzsche won’t help if you’re still lying to yourself. If you're ready to stop wasting time and start rebuilding, join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.
Saying “Family and Freedom” Isn’t Enough—You Have to Prove It Nine weeks ago, I gave a free course to an executive facing federal sentencing. He said family and freedom were his top values. I believed him—until he ignored the course and skipped key steps I recommended. Today, his probation officer is recommending 5 years, calling him elusive and evasive. Why? His actions didn’t match his words. This happens constantly: defendants say they’ll prepare, but they don’t follow through. The government doesn’t wait. If you say you value your freedom, show it. Start now.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
What I Promised Myself on My Last Day in Federal Prison On May 19, 2009, I walked the track at Taft federal prison for the last time. Sixteen years later, I still remember the quiet commitment I made: to try. Not just talk. Try. I had written a blog, outlined a business, promised to cold call lawyers, pay restitution, and speak openly about my experience. I knew rejection would come—and it did—but I kept at it. That’s the real test after prison: not what you say, but what you do. If you're serious, start now.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Procrastination in Federal Cases Can Cost You Everything Inaction is a decision. I once spoke with a corporate controller who suspected invoicing issues but clung to a civil attorney’s opinion that it was just a dispute—not a crime. Seventeen months later, his co-workers (some more culpable than him) are now government cooperators. They acted. He waited. Now, they're likely to receive sentencing benefits for cooperating, while he's exposed. As Hunter S. Thompson said, “A man who procrastinates in his choosing will inevitably have his choice made for him by circumstance.” If you're in trouble, don’t stall—act now.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Let Go of Entitlement: Why Starting Over Matters After a Federal Conviction
Most defendants resist the idea of starting over—I did too. I clung to my past: USC grad, stockbroker, volunteer. I ignored how others saw me after my conviction: as someone who created victims. That denial led to arrogance. I thought a minimum wage job was beneath me. It wasn’t until I landed in federal prison—and later worked in a halfway house for $15 an hour—that I finally understood: all work is honorable. The sooner you accept that, the better your outcome.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern. Learn how to rebuild the right way.
Restitution Myth: No, They Won’t Settle for Pennies on the Dollar A former physician home from federal prison wanted to write the Financial Litigation Unit (FLU) to settle millions in restitution for pennies. I warned him not to. He did it anyway. The response? Not only did FLU reject the offer—they asked for updated financials and flagged his available cash. Now they’re watching him closer than ever. The idea that the government casually settles massive restitution is a fantasy inmates pass around daily. It’s not true.
Don’t poke the bear. Deal with restitution realistically. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern for straight answers that save you pain.
A 12-Page Letter Won’t Fix What You Haven’t Proven A defendant called the night before sentencing, proud of his 12-page letter. But he hadn’t done the work. For two years, no effort to fix the damage—no restitution, no remorse shown through action. Judges like Boo and Bennett say it clearly: don’t just apologize—show what you've done to repair the harm. A letter can’t replace a record of real progress. Judges trust patterns, not last-minute sales pitches.
Want a better outcome? Start early. Mitigate with evidence, not just words. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to learn how.
The Truth That Actually Helps at Sentencing When I met a physician in Tampa facing a probation interview, he kept saying, “I didn’t have bad intentions.” But intent doesn’t carry much weight when you broke the law and kept doing it for two years. What mattered more was that he finally owned it—clearly and directly. That shift, along with other mitigation efforts, led his probation officer to recommend a shorter sentence due to his extraordinary acceptance of responsibility.
📌 Real takeaway: Telling the unfiltered truth can influence your outcome.
👉 Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern. Learn how to prepare the right way.
Why Gambling in Prison Is a Fast Track to Trouble Boredom—not violence—is often the biggest threat in federal prison. And boredom drives people to gamble, even those who swore they never would. It starts with a friendly card game and ends with debts you can’t pay. When you owe money inside, there’s no delay in collection—just pressure, threats, and escalating consequences. One missed payment can put your safety and sentence at risk.
Stay sharp. Don’t let boredom turn into bad decisions. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern for practical strategies to avoid unnecessary prison risks.
Simplify Before Federal Prison—And After
A billionaire in our community, heading to federal prison, asked for advice. He admitted he lost sight of the values that once drove his success. I told him to follow what Thoreau wrote in 1854: Simplify, simplify. In prison, you can spend thousands a month—but why? Spend less. Need less. Say no to distractions. Use this time to strip away the noise and reconnect with what matters. Simplification isn’t punishment—it’s a reset. And it might be the best preparation for what comes next.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Victim Impact Matters More Than You Think at Sentencing A physician expected two years in federal prison—the mandatory minimum for aggravated identity theft. But he didn’t prepare. He didn’t consider how victim statements might influence the judge. At sentencing, those victims spoke about ruined credit, unpaid bills, and emotional distress. The judge gave him four years instead of two. Why? Because he assumed the outcome and ignored the emotional toll on his victims.
If you're facing sentencing, put yourself in the victim’s shoes. Start there. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to prepare the right way.
Prison Holidays Hurt Families More Than You Think
My first Mother’s Day in federal prison hit harder than I expected. The visiting room was packed, the visit was cut short, and my mom was crushed. She wasn’t just visiting her son—she was facing the reality of prison with me. Around the room, I saw the same pain on the faces of other families: crying kids, anxious spouses, pure exhaustion. That day taught me something most people miss—prison is harder on the people who love you. If you’re going in, plan. Don’t waste time.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Self-Reporting in Healthcare Fraud: One Doctor’s Choice to Act Early When a physician noticed FBI activity on his LinkedIn profile, he didn’t wait. He called us. Within days, we helped him create a full disclosure statement, documented his wrongdoing, and outlined the actions he was taking to make it right—including repayment. That gave his lawyer the leverage to self-report directly to the DOJ. The result? Civil penalties, no criminal charges, and no prison time. He avoided the 6 a.m. raid because he acted first.
If you’re worried the government’s looking into you, don’t wait. Prepare. Disclose. Resolve. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Start with Ownership: The Real First Step in Federal Prison
The real work in federal prison begins when you stop blaming and start examining how you got there. That kind of introspection isn’t easy—but it’s necessary. Too many people avoid it and instead convince themselves someone will hand them a job later. Don’t wait for a favor. Build something worth earning. I could’ve worked for my brother’s company, but I chose to prove myself on my own. That mindset shift—owning your future, not outsourcing it—is what separates those who stay stuck from those who move forward.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
The early days in federal prison can feel paralyzing—especially when the weight of lost reputation, uncertain career prospects, and family expectations hits all at once. Many people get stuck, believing the label "felon" means there’s nothing left to fight for. That mindset kills momentum. The solution? Create a routine. Write daily—start with 10 minutes. Build a fitness habit you can sustain. Most importantly, separate what you can control from what you can’t. That’s how you stay productive, not just busy.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern. We’ll show you how to build a plan that works.
I discuss Adam Grant’s book Give and Take and how it helped me better understand the difference between takers, matchers, and givers—especially the kind of giver who thrives without losing themselves. I reflect on how I used to only help people if it helped me, how prison forced me to rethink that, and how writing one blog post in 2008 changed everything. I also explore why giving without boundaries can be dangerous, and why learning to say no matters more than most people realize.
A client in our community was given a rare second shot at a proffer session with the government. The first one? It nearly tanked—not because he lied, but because he left out details. Like saying you had a cheeseburger for lunch but “forgetting” the fries and Sprite. The government sees that as dishonesty. In a proffer, they already know the answers—they’re testing if you’re honest and thorough. Thanks to real prep this time, he gets another shot. Don’t wing it. Prepare like your sentence depends on it—because it does.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Back in 2007, just after signing my plea agreement on my 32nd birthday, close friends invited me to Pebble Beach. I turned them down. My mindset? “What’s the point? I’m going to prison.” They went without me. Seventeen years later, I finally made that trip—with no sentence hanging over me, no guilt, just gratitude. I’m sharing this because I don’t want you to make the same mistake. If you’re not in prison yet, don’t act like you already are. Spend time with people you love. Don’t waste the days you still have.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
After a hate-filled voicemail called me a “criminal” and questioned what kind of father I could be, I was reminded of a question I used to ask myself often in federal prison: Will my future kids forgive me for going to prison? Now, with two young children, I focus on showing them that a bad decision doesn’t have to define your future—but it will follow you. People will judge you. They won’t care about your progress. Do the work anyway. That’s the lesson.
📅 Want real guidance, not judgment? Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
At sentencing, arguments based on personal hardship—like prison shortening your life expectancy—won’t earn you credibility. One individual I spoke with planned to cite a study showing that two years in prison equals one year off a person’s life. That kind of reasoning doesn’t just fall flat—it can backfire. Judges want to see accountability, not self-pity. If you can’t answer, “What would my victim say to me?”—you’re not ready. Real mitigation starts with acknowledging the harm you caused and building a plan that reflects that understanding.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A man recently called us, repeating Jordan Belfort’s famous line from The Wolf of Wall Street: “I’m not leaving.” He believed his conviction was unjust and refused to surrender to prison. I told him plainly: If you don’t surrender, the marshals will come for you. You’ll face arrest, lose any chance at a lower-security placement, and likely serve more time. Fighting the system emotionally instead of strategically only makes things worse. If you’ve been sentenced, don’t run—prepare, surrender, and serve your time with purpose.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
If you're hiring a criminal defense attorney, don’t just take their word for it—talk to former clients. If they claim attorney-client privilege prevents that, it’s usually a red flag. The best lawyers have clients who will gladly vouch for them. One client I’m helping has a proffer session with the government tomorrow—a major step. Yet his lawyer spent only 20 minutes preparing him. No role-playing. No strategy. Just “tell the truth.” That’s not enough.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to avoid mistakes like this and ask the right questions before it’s too late.
A man once told me, “My lawyer knows the judge—we’re good.” A year later, he got six years in federal prison. Over dinner, he called me with regret: “Why didn’t you push me harder?” The truth? I don’t chase nonbelievers. If someone doesn’t take sentencing preparation seriously, no legal relationship will save them. Judges don’t hand out leniency based on who your lawyer golfs with—they respond to clear, consistent mitigation efforts. If you’re counting on connections instead of doing the work, you’re setting yourself up to lose.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
In federal prison camps—while violence is rare—gossip can be just as dangerous. One man was pulled out of the camp at 5 a.m. and never came back. Six months later, others learned why: another prisoner, pretending to be a friend, used a private conversation about hidden assets to cut a deal with the government. That conversation led to an indictment—and freedom for the informant. The takeaway? Every word you say can be turned into leverage. Trust is earned, not assumed.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to learn how to stay safe and strategic.
Seventeen years ago, I self-surrendered to federal prison thinking 18 months felt like a lifetime. But after meeting men serving 6, 10, 15 years for tax fraud and marijuana charges, I quickly gained perspective—and gratitude. As tough as it felt, I realized others had it far worse. That shift in mindset changed everything for me, not just during prison, but even now, raising my kids and running White Collar Advice. Gratitude and perspective aren't buzzwords—they're survival tools. Learn how to build them into your own journey:
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
At sentencing, vague claims like "I tried my best" fall flat. Judges expect clear proof of remorse, accountability, and an action plan—not excuses. George Santos’ 87-month sentence is a reminder: empty words don’t move the needle. In prison, most people work hard to rebuild their lives. But a few cling to a victim mindset, which only prolongs failure. If you pled guilty, remember: you are not the victim. Own your choices, show real change, and earn back trust.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to learn how to build real credibility.
I’m in Dana Point celebrating Matt Boyer’s 50th. Matt’s the bookmaker tied to the Shohei Ohtani case. When we first spoke, he told me, “I did it. I’m pleading guilty. I want to lead—for my wife and five kids.” That mindset matters. He may go to prison, but he’s not living like he already has. Too many people do. I did—for three and a half years. Waste of time.
Truth: Your sentence hasn’t started yet—but your second chance already has.
Take the lead. Build a life worth watching. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Someone offered to sell me details about Elizabeth Holmes’ daily routine in prison—what she eats, how often she showers, and when she calls home—for $5,000. I passed. Why? Because none of that helps someone build a life after prison. What matters isn’t her hygiene—it’s whether she’s using her time to grow, to rebuild trust, to prove she’s worthy of her family’s support. That’s the only story worth telling.
Reminder: Rebuilding character isn’t a tabloid headline. It’s a daily choice.
Start building your own plan today. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Seventeen years after surrendering to federal prison, I got a call that reminded me how easy it is to screw this up. A defendant had his acceptance of responsibility stripped—three points gone—because he told his probation officer it was just “a business deal gone bad.” The officer questioned if he even thought he committed a crime. That mistake? It could mean years more in prison.
Fact: Loss of those three points can increase a sentence by 12–18 months or more.
Don’t wing it. Prepare. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
In this week’s newsletter, I revisit a 5 a.m. conversation in prison that introduced me to Tabula Rasa—John Locke’s idea of the clean slate. I reflect on how I tried to fake it after prison, how that approach failed, and what it took to start building authentically. I challenge you to do the same: document your progress, build in public, and let the world hold you accountable. Whether it’s a judge, a loved one, or a future employer—they’ll review what you create. So the question is: will you build your slate deliberately, or let someone else write it for you?
Due to budget cuts, the California Department of Corrections is eliminating funding for all reentry programs. That means fewer opportunities for people in prison to prepare for release—unless others step up. Our nonprofit partner, Prison Professors Charitable Corporation, led by Michael Santos, will keep running programs in every California prison. Why? Because White Collar Advice, with donors like Mossimo and Bill McGlashan, covers the cost.
Real-world impact: Over 100,000 people have used our courses—zero cost to the state.
Want to help others prepare? Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A doctor who pled guilty to tax charges reached out, worried about his upcoming probation interview. His lawyer said it was no big deal—just a short background talk. But that’s wrong. We’ve interviewed federal judges and people like Chris Maloney, former Chief of U.S. Probation, who said the interview can shape the judge’s final decision. Real prep matters. This doctor took responsibility and paid restitution—now he's putting in the work to protect his medical license.
Bottom line: Don’t wing your probation interview. Build your case with facts, documents, and ownership.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
While golfing with an old friend, a former professional baseball player, he shared how taking steroids shaped his career. Though many players dodged accountability, he owned his mistake, recognizing it as part of his journey. He acknowledged the harm he caused but also the catharsis of owning it and rebuilding his life. As a convicted criminal, I can relate—admitting mistakes and accepting consequences opens the door to personal growth. It’s far healthier than deflecting, denying, or pretending nothing happened.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
While connecting in Dallas, I spoke with a federal judge at a work event. I asked, “What’s a red flag you see at sentencing?” Her answer was simple but powerful: “When a defendant reads a polished statement, but I have no evidence they actually mean it.” Judges only see you once, maybe twice. If you don’t build a track record before that day—letters, personal narrative, routine—they assume it’s just talk. Want a better outcome? Show your growth, don’t just say it.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
This week, a family drove from Miami to Tampa to meet with me—nervous and frustrated. Sentencing is close, but their lawyer shut them out. When they asked how to help with the sentencing memo, the lawyer replied, “What makes you think I need your help?” That’s a red flag. No one knows your life better than you. You’re not a bystander—you’re the CEO of your future. Before you hire a lawyer, make it clear: I will be engaged. If they resist that, find someone else.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
After prison, I spent time in Los Angeles courtrooms, studying how judges sentence people. One moment stuck with me: a defendant praised his education and community service, urging the judge not to send him to prison. But he ignored the victims. The judge cut him off—“I’m not sentencing your résumé. I’m sentencing you.” The lesson? Judges care about accountability, not just accomplishments. Let your lawyer highlight your achievements. You should focus on remorse, lessons learned, and the harm you caused.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Telling yourself “it’s gray” doesn’t help. One defendant claimed his conduct was unclear—but he broke the law, and saying otherwise only weakens his credibility. If you can’t own your role in a fraud case, you’ll struggle to build trust with your lawyer, probation officer, or judge. You don’t need to agree with everything the government says, but if you pled guilty, some of it’s true. Acknowledging that is step one. Then, show why you’re worthy of leniency—based on effort, remorse, and a clear plan forward.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
In this episode, I talk about Plato’s Allegory of the Cave—and how it helped me stop lying to myself in prison. I was waiting for things to magically get better, instead of facing what was real. I also share a story about Kodak and a man in Florida who finally took the lead in his case. This episode is for anyone stuck, pretending it’ll work out, hoping the judge will just understand. I’ve been there. Most people stay in the cave. You don’t have to. If you’re serious about preparing, it starts with turning around and seeing clearly.
Justin Paperny
A physician serving a 3-year sentence for taking kickbacks at Leavenworth quietly earned a 9-month halfway house placement—not by pleading or complaining, but by showing up consistently and staying out of trouble. His case manager said, “You’re easy to advocate for.” That’s the key. No excuses. No drama. Just steady effort. The data backs it up: inmates who maintain a clean, productive record are more likely to receive early transition opportunities.
Want to shorten your time and build trust with staff? Stop talking. Start showing.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Matthew Cox said it. A stranger on a plane said it. And they’re right. Doing time without young children at home is easier. I didn’t have kids when I went to prison. I can’t pretend to understand that kind of heartbreak—but I can sympathize. I’m spending real money just to get home early tonight, to tuck my kids in. That ache of separation? It’s real. You can condemn the crime, sure—but it doesn’t erase the human cost.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Forget the fights or the “Club Fed” labels. The scariest part of federal prison isn’t what happens while you’re inside—it’s what life looks like after release. I served 18 months in a minimum-security camp, but the real sentence was the fallout: lost license, ruined reputation, shame I caused my family. What kept me up at night? Building a plan so my time didn’t become a life sentence. Most don’t prepare. They leave prison afraid—and lost.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A client working quietly with our team showed how self-advocacy changes outcomes. Without the lawyer knowing we were involved, the client presented a powerful personal narrative—so effective the lawyer called it one of the best he'd ever seen. When the client insisted on giving it to the probation officer, the lawyer hesitated—until hearing a federal judge recommend exactly that. The result? The lawyer changed his approach after 30 years of practice. Lesson: own your case, prepare well, and lead—even when your lawyer doesn’t.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
After a disappointing first proffer session, a Boston physician didn’t sulk—he got to work. He crafted a clear, honest narrative that explained his path without excuses. He backed it with action: a major restitution payment and proof he’d landed a job after months of searching. That second proffer changed the U.S. Attorney’s view—not because of talk, but because of effort. Real progress means doing the work to show you’ve changed. If you want leniency in a federal case, skip the talk shows. Show receipts.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
When the Titanic sank, no one took responsibility—just finger-pointing. NASA, after the Apollo 1 tragedy, paused, owned it, and rebuilt. Johnson & Johnson, during the Tylenol scare, didn’t deflect—they acted. I ignored those lessons. I blamed everyone but myself: UBS, my co-defendant, the system. It wasn’t until I went to prison that I stopped lying to myself. Only then did I begin to own my failures, rebuild with purpose, and help others do the same. Blame feels good in the moment. But ownership is where progress begins. And rebuilding—on your terms—is more fulfilling than hiding ever was.
Justin Paperny
A teenager called me in tears—her mom was caught with a contraband phone in federal prison and sent to the SHU (Special Housing Unit). The consequences? Likely loss of good time credit, removal from the RDAP drug program, and a possible transfer to a higher-security facility. It’s not worth it. Yes, there are “gray area” hustles inside, but going too far—like using a phone—can wreck your sentence and devastate your family. If someone offers you the phone, say no.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Back in Alpharetta, Georgia, I remembered bombing a speech here—guys in the front row literally asleep. But I showed up. I owned my story, even if the audience wasn’t ready for it. That’s what matters. If you have a felony record, and you don’t agree with the government’s version of events, the only way to change the narrative is to share your own—out loud. Public speaking helped me rebuild my life and network. Want to start? Read Dale Carnegie’s book on public speaking.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
I'm headed to Atlanta to join Lindsie Chrisley on The Southern Tea podcast. With her parents, Todd and Julie Chrisley, both serving federal prison terms, we’ll talk openly about white collar crime, accountability, and how families can help incarcerated loved ones grow—not coast. We’ll share how Prison Professors and White Collar Advice are reaching hundreds of thousands inside prisons and jails with practical, proven training. Lindsie’s strength stands out—she shows up, learns, and never complains. Real change starts with work.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
After federal prison, the smartest move I made was simple: I got active. Instead of waiting around, I walked Ventura Boulevard—right past the building where I committed my crime—handing out my book Lessons From Prison to lawyers. Some threw me out. Most ignored me. But I kept going. Because sitting around waiting for the phone to ring doesn’t work.
Too many people get out and stay passive. That’s a mistake. Real progress comes from small, steady, uncomfortable steps.
Don’t wait. Create. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
I don’t love that I went to prison—but I’m grateful I learned from it. This morning, someone called me an “imbecile” for saying prison gave me perspective. But what’s the point of suffering if you don’t grow? Inside, I saw men who lived through constant loss without blaming others. That inspired me to stop complaining, start working, and slowly rebuild. Like Confucius said: move a mountain one stone at a time. That mindset gave me a second chance—and I’ll keep sharing it.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
If your lawyer isn't helping you prepare for sentencing, why are you still taking their advice? A defendant in New Jersey is weeks from sentencing—no narrative, no character letters, no review of his sentencing memo. His lawyer missed the probation interview and dismisses his concerns with “I’ve got it covered.” That’s not preparation—that’s negligence. You wouldn’t keep a fitness coach if you were in worse shape after six months. The same applies here. You must self-advocate. Waiting on someone else could cost you your freedom.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A North Carolina physician asked if his five-month sentencing delay was good or bad. The truth? It depends on what you do with the time. He admitted he spends his days doing nothing, paralyzed by fear, assuming his former U.S. attorney "has it covered." He hasn’t worked, hasn’t created a release plan, and hasn’t documented any rehabilitation. Delays aren't a free pass—they're an opportunity to build a case for leniency. Use them wisely. Otherwise, prison may come sooner—and hit harder—than expected.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A Michigan doctor was stunned when the U.S. Attorney recommended 27 months in prison—despite repaying $3 million and working undercover with the FBI. He thought cooperation guaranteed probation. It doesn’t. Prosecutors don’t identify with defendants—they often side with victims demanding accountability. If you want the best shot at probation, don’t act like it’s guaranteed. Prepare like you’re facing life. Build a mitigation plan that shows change, responsibility, and daily effort. Cooperation helps—but it’s not a free pass.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
For me, federal prison was the easiest part of the sanction—it had a clear start and end. I shared this perspective at USC Marshall School of Business, and it surprised some students. Before prison, you're stuck in uncertainty. After, the real challenges hit: losing your career, licenses, and facing restitution. Rebuilding your life is far harder than any time in a minimum-security camp. These are the long-lasting consequences of mistakes like cheating. Understanding the full impact is crucial.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A defendant called me—frustrated—because he didn’t agree with his plea deal. Turns out, his lawyer barely knew the facts. Didn’t understand how the business ran before things went wrong. Meanwhile, the U.S. Attorney saw him as a career criminal.
Here’s the takeaway: You might not love your plea deal, but if your lawyer doesn’t fully understand your story, how can he negotiate the best sentence? Write out your full history. Make sure your lawyer knows it inside and out.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
When I was a defendant, I made a mistake—I went silent for years, then called an old friend asking for a sentencing letter. He refused. He was disgusted that I only reached out when I needed something. I was embarrassed, but I learned a hard truth: relationships need nurturing. If you’re facing federal charges, don’t disappear. Stay in touch. Show people you’re worthy of their support. If you do that, they’ll be there when it matters. If you don’t, you’ll face sentencing alone.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A defendant expected probation. Instead, he got 120 days in federal prison. He cooperated, repaid the money, and took responsibility. But he failed to disclose unpaid employment taxes for his nanny. That one oversight made the judge question his honesty. The government assumed if he hid this, what else was he hiding? In federal cases, small mistakes have big consequences. The past can’t be changed, but you can prepare better. Assume every decision is under scrutiny.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A defendant just sentenced to a year and a day in prison called me to share his mistake: he took the easy way. He outsourced everything to his lawyer, did no real preparation, and expected probation. The right way is harder—it means owning your case, preparing daily, and proving through your own words and actions why you won’t reoffend. The government has unlimited resources. You don’t. But you do control your effort. Don’t leave your future to chance.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
A lawyer told a prospective client it was "way too early" to prepare for sentencing. But was it too early for the government to arrest him? Too early for the DOJ to issue press releases? No. The FBI says by the time they knock on your door, 95% of their work is done. Judges want proof of what you’ve learned and how you’ll change—before sentencing. That record takes time to build. Waiting is a mistake. Start today.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
Most people in prison read books to kill time. I did too—until my business partner, Michael Santos, asked me, “What did you learn?” I had no answer. I had read 20 books but couldn’t recall a single takeaway. That changed everything.
From then on, I took clear notes: Why am I reading this? How will it help me? What can I use today? Reading became active, not passive.
Whether you’re in prison or not, make every book work for you. Take notes. Apply lessons. Build a future.
Join our weekly webinar—Mondays at 1PM Pacific / 4PM Eastern.
A former physician just out of prison told me he couldn’t find work—but after some digging, I learned he’d turned down jobs he felt were beneath him. One opportunity involved cold walking, selling solar panels door to door. I get it—cold walking is tough. But sitting at home complaining is worse.
When I got out, I took a job as a receptionist at Sotheby’s. It wasn’t glamorous, but it was a start.
Reality check: No one owes you your old life back. Work is work. Get moving.
Join our weekly webinar—Monday at 1PM PT / 4PM ET.
If you’re facing a federal sentencing hearing, you need to hear about David Moulder—not because he got lucky, but because he took action when most defendants don’t.
David was staring down a 48-60 month sentence in federal prison. The government labeled him as a kingpin in a conspiracy case. His lawyers told him what most lawyers say: “Let us handle it. Stay off the internet. There’s nothing you need to do.”
But that advice didn’t sit right with him.
"At the time, I felt overwhelmed and had no idea where to start," David said. "I began watching Justin's videos and Michael's interviews with Judge Bennett and Judge Bough. The advice those judges shared was exactly what I needed to hear. They didn’t just talk about remorse—they explained how important it was to show measurable action."
One line from Judge Bough stuck with him: “If you break my window, don’t tell me you’re sorry. Tell me how you’re going to fix it.”
That’s when David knew: He had to fix the window. J
Justin Paperny
-
One Drink Can Cost Everything A DUI isn’t just a ticket—it can wreck your career, relationships, and freedom. I’ll never take that risk again. A rideshare is always cheaper than the consequences.
-
Felons and Firearms Don’t Mix Being near a gun after a felony conviction isn’t just illegal—it’s a fast track back to prison. I won’t make that mistake twice.
-
No More Jury Duty for Me I used to see jury duty as a hassle. Now, I’ve lost that right. It’s a reminder of what a felony conviction takes away.
-
I Won’t Judge Someone by Their Worst Day I met people in prison who weren’t “bad”—they made mistakes, just like I did. A past mistake isn’t the whole story.
-
No More Excuses I broke the law. No one made me. Owning it hurt, but it was the only way forward.
Take control of your future. Join our webinar every Monday at 1 PM PST / 4 PM EST.
Perspective Shift: At first, all I saw were my losses—career, reputation, freedom. But in prison, I met men who had served decades without bitterness. They weren’t wasting time feeling sorry for themselves. That made me rethink my own outlook.
Lessons from Others: My business partner, Michael Santos, served 26 years. He introduced me to Viktor Frankl’s Man’s Search for Meaning, which helped me see that purpose isn’t about circumstances—it’s about mindset.
What You Can Do: Focus on what remains, not what’s lost. Start planning now. Join our weekly webinar every Monday at 1 PM PST / 4 PM EST.
Many assume that pleading guilty and repaying restitution guarantees a lighter sentence. Not always. Federal prosecutors often argue that delays in taking responsibility justify harsher penalties—even if you never go to trial. Their reasoning? Wasted government resources.
Why Timing Matters Waiting too long to plead guilty can be seen as a lack of true remorse. Prosecutors push for high-end sentences when they believe a defendant delayed accountability. Even restitution isn’t enough—if it’s paid too late, they’ll argue it was done out of obligation, not genuine responsibility.
What You Can Do * Act Early: Delaying can backfire. Accepting responsibility sooner strengthens your position. * Document Everything: Show why you repaid restitution and what steps you’ve taken to change. * Control the Narrative: Proactively demonstrate your remorse, growth, and commitment to making things right.
Don’t wait until it’s too late. Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern to learn how to prepare for sentencing the right way.
A doctor awaiting sentencing laughed at the idea of working at Home Depot, thinking it was beneath them. That attitude sends a bad message to judges. They don’t care about your past title—they care about humility and accountability. Taking any job, even one that feels beneath you, shows the court you’re serious about rebuilding trust. Defendants who reject ego and embrace responsibility often get better sentencing outcomes.
Reality check: A judge once praised a defendant who worked at a diner pre-sentencing. The effort mattered.
Want a better outcome? Join our weekly webinar—Monday, 1PM Pacific / 4PM Eastern.
Congress passed the Stock Act to prevent insider trading among politicians, yet enforcement is inconsistent. Lawmakers who profit from non-public information often avoid consequences, while everyday people—like a Texas father of four—face federal prison. He made $150,000 on insider information and now surrenders, fully accountable.
If you’re in a similar position, focus on what you can control: own your actions, document your growth, understand the legal process, and work with professionals. The system isn’t fair, but preparation can make a difference.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.
The first two people I heard from after getting out of prison were Paul Bertrand and David Willingham.
Paul was the FBI agent who arrested me. David was the AUSA who prosecuted me—until he left to become a defense attorney right before my sentencing.
Both of them said the same thing: "We’re proud of you. It’s clear you’ve learned your lesson and want to help people. Wishing you success."
A few months later, Paul invited me to speak at The FBI Academy. I spent two days with him, talking with agents about how they investigate cases, why people make things worse for themselves, and what real preparation looks like.
At one point, six FBI agents were in the conversation. I remember saying: "Hang on—I need to grab a notepad and take some notes!"
A lot of what we teach at White Collar Advice comes from these kinds of conversations—with Paul, with federal judges, with prosecutors who’ve built these cases. The goal isn’t to tell people what they want to hear. It’s to give them real information so they can start making better decisions.
On Monday at 1 p.m. PT / 4 p.m. ET, Paul and I are going to have an open conversation about what actually happens in a federal investigation.
We’ll cover: ✔️ How the FBI builds a case—and when you might already be in their sights ✔️ The biggest mistakes people make when they find out they’re under investigation ✔️ What prosecutors and agents pay attention to when deciding plea deals and sentences ✔️ What you can start doing today—no matter where you are in the process
To learn more and contribute to the conversation, join our webinar next Monday at 1 p.m. Pacific.
Thank you, Justin
Elizabeth Holmes is back in the headlines, saying federal prison is “hell and torture.” When I read her interview, I wasn’t surprised. Here she goes again.
Holmes has struggled to shape her narrative. Now, instead of the brilliant Silicon Valley founder, she wants to be seen as the struggling mother, the misunderstood dreamer, the prison reform advocate. But when you strip away the emotion, what is she really saying?
Here are my thoughts on her latest attempt to rewrite her story:
- She Wants Sympathy. Holmes says, “The people I love the most have to walk away as I stand here, a prisoner, and my reality sinks in.” She wants the public to focus on her pain, not the pain she caused. She plays up the heartbreak of prison visits, but there’s no mention of the people who lost millions trusting her.
- She Still Won’t Own It. Holmes continues to insist that she never committed fraud. “Theranos failed. But failure is not fraud.” She also claims, “I truly did not think I would ever be convicted or found guilty.” That last part says a lot—she didn’t believe she’d ever face consequences.
- She’s Positioning Herself as the Helper. She talks about advocating for mothers in prison and working as a reentry clerk. Where's the evidence?"
- She’s Still the “Visionary.” “There is not a day I have not continued to work on my research and inventions.” Even in prison, she’s making sure we all know she’s still thinking big, still working on healthcare solutions. She’s setting the stage for her comeback before she’s even halfway through her sentence.
- She Chose a Safe Audience. Holmes gave this interview to People—a magazine known for human-interest stories, not investigative journalism. She didn’t sit down with The Wall Street Journal, the outlet that exposed Theranos. That’s not a mistake; it’s strategy.
So what do I think? Holmes is trying to play the long game. She’s setting herself up for life after prison, carefully managing how the world sees her.
The question is: Will anyone buy it?
Justin Paperny
In this episode, I break down the federal sentencing guidelines, the proposed changes by the U.S. Sentencing Commission, and what they mean for defendants preparing for sentencing. I share real stories, including how David Moulder and Klete Keller used preparation and accountability to influence their outcomes. Learn how to address the § 3553(a) factors, take control of your narrative, and build a record that can make a difference in court and beyond.
When faced with a government investigation, your early decisions can influence the outcome, including how long you serve in federal prison. In this episode, I share stories of two individuals—Dan, whose attempt to cover up financial fraud led to obstruction charges and a longer sentence, and Lisa, who faced her mistakes head-on, avoided criminal charges, and resolved her issues proactively. I’ll discuss why covering up crimes often backfires, the risks of obstructing justice, and how taking responsibility can shape a more positive outcome. Whether you're facing financial misconduct, tax issues, or other allegations, this episode offers insights to help you navigate these challenges and make better choices.
The precharge phase is a tense and uncertain time, but it’s also an opportunity to take steps that can influence whether you face lesser charges, avoid an indictment, or endure a long investigation. By being proactive—consulting with the right lawyer, preserving evidence, and demonstrating accountability—you can take control of your situation.
Waiting, hiding evidence, or freezing in fear often backfires, leading to stricter scrutiny or harsher consequences. Instead, stop harmful actions immediately, document corrective efforts, and coordinate with an experienced defense team to ensure you’re prepared.
This phase isn’t about confessing to crimes you didn’t commit; it’s about showing good faith and cooperation while building a credible case. Start now to minimize the fallout and protect yourself and your family. For more guidance, schedule a free consultation with White Collar Advice.
When a federal subpoena arrives or a federal agent contacts you, the reality is clear: you’re part of an investigation. But for so many people, that moment feels like it comes out of nowhere.
I’ve been there. I know the panic that sets in, the shock of realizing that your actions—or the actions of others—have put you under scrutiny. It’s easy to feel blindsided, but with some self-examination, the warning signs often become clear. The sooner you identify them, the better.
Recognizing the Warning Signs If you’ve done something wrong—or even been connected to something questionable—the signs of a federal investigation are often there. Here’s what to look for:
- Fired from Your Job: Losing your position isn’t just about company policy. Employers often act to protect themselves and their shareholders. They may self-report or cooperate with regulators to avoid becoming a target themselves. In later articles we will cover whistleblowers.
- Civil Lawsuits: Are you being sued? If people are coming after you in civil court, it’s likely because they’ve suffered losses or harm. Those same lawsuits can feed evidence directly to government investigators.
- Cut-Off Communication: Are colleagues or former partners suddenly avoiding you? If people you used to rely on are no longer answering your calls, it could mean they’re cooperating with investigators—or distancing themselves for their own protection.
Each of these signs is like a puzzle piece. When you put them together, they often reveal a bigger picture. And that picture usually includes prosecutors, agents, and investigators quietly building their case while you’re still trying to convince yourself it’s nothing.
Why Waiting Makes Everything Worse It’s human nature to hope a problem will go away. Maybe you tell yourself it’s all a misunderstanding or that the government has bigger things to focus on. I know that mindset well because I lived it.
Here’s what I’ve learned: waiting only gives the government more time to work against you. Federal investigations take months, sometimes years, to develop. While you’re doing nothing, they’re interviewing witnesses, subpoenaing records, and building a case.
By the time an FBI agent shows up at your home, they probably already know more about your actions than you do. The longer you wait, the fewer options you’ll have to protect yourself.
Taking Control Before It’s Too Late If you’ve noticed the warning signs, now is the time to act. You don’t have to face this alone, but you do need to take the first step.
- Acknowledge the Problem: It’s not easy, but the sooner you accept that there’s an issue, the sooner you can start addressing it.
- Find the Right Lawyer: You don’t need just any lawyer—you need someone with experience in federal investigations who can guide you through this process.
- Start Building Your Record: Document your efforts to make things right.
You Don’t Have to Do This Alone Our team knows the anxiety that comes with wondering what’s next. Sleepless nights, constant fear, and the feeling that everyone’s working against you—it’s overwhelming. But you don’t have to go through this alone. You can take steps now to gain clarity and better understand how you can get on track. One of your first goals is to stop making matters worse.
We’re here to help. Join our free webinar every Monday and learn what steps to take now. We’ll cover how to interpret the warning signs, what actions to take immediately, and how to begin preparing for what’s ahead. Register at WhiteCollarAdvice.com.
Justin Paperny
In today’s episode, I talk about Oliver Burkeman’s Four Thousand Weeks and how his approach to time and priorities can guide anyone preparing for a probation interview. Burkeman’s idea of “joyful neglect”—choosing what matters most and letting go of the rest—can help you create a clear, meaningful message. We’ll explore how embracing limitations, being honest, and taking responsibility can shape a powerful interview that reflects real growth and intention. Join me for practical takeaways on preparing for this important interview.
Justin Paperny
The Metropolitan Detention Center (MDC) has long struggled with deep-rooted issues around safety, transparency, and accountability. As high-profile cases bring new attention to the facility, there's now a large-scale, interagency investigation. I discuss the systemic issues facing MDC, the role of poor leadership and understaffing, and the Bureau of Prisons' need for meaningful reform. Until they address these structural problems, taxpayers will continue funding settlements, and detainees will face unsafe conditions. Only with prudent transparency and accountability can we expect improvement within the Bureau of Prisons.
There Are No Guarantees in Sentencing In this podcast, I lay out a simple but crucial truth: nobody can guarantee what your sentencing outcome will be or when you'll get out of fedearl prison. If you’re focused on getting promises or assurances, you’re missing the point. The federal psystem doesn’t work that way, and asking for guarantees only shows a lack of understanding about what really drives a shorter sentence and earlier release from federal prison.
Stop Obsessing Over the End Result, Focus on the Process Too often, people focus on the outcome they want—avoiding federal prison, early release—without really recognizing what it takes to get there. If you're asking for a shortcut, you're missing the work that matters: understanding what got you here and what leads to the result you want. In this episode, I talk about the shift that needs to happen—away from demanding results, and towards owning your story, taking daily steps, and building a record that shows why you are a candidate for leniency without even having to ask for it.
Why Stakeholders' Perspectives Matter More Than Yours Your own view of your case—thinking you’re the victim or feeling you’ve been treated unfairly—doesn’t hold much weight with the people who will decide your fate. I break down why it’s essential to understand the perspectives of stakeholders like the judge, prosecutor, probation officer, and, crucially, the victims. By seeing things through their eyes, you can build a story that resonates and overcomes skepticism.
Accountability is Built Daily, Not With Empty Words Talking about change is one thing; showing it is another. I highlight examples of people in our community who committed to the hard work of documenting their journeys, taking small steps daily, and building credibility over time. One example is Tracii Hutsuna, who was able to earn leniency from a judge by demonstrating growth and progress, rather than just asking for it. This isn’t about lip service—it’s about creating a record that proves you are different. tahn your plea agreement.
Effort Over Quick Fixes I caution against the illusion of quick fixes. Some people will tell you what you want to hear to get paid, promising outcomes they can't deliver. Instead, I talk about why daily effort accountability are the only reliable paths to a better outcome. When you stop asking for a guaranteed result and start doing the actual work your life will improve.
Aligning with the Judge’s Values Judges are human. They respect hard work, authenticity, and growth. I encourage listeners to think about their judge’s journey—the years of effort it took for them to get where they are—and show them you’re willing to work just as hard to make things right. When you align with their values and demonstrate that you're not going to be back in their courtroom, they’re more likely to consider leniency.
Takeaway: Success Isn’t in the Outcome, It’s in the Process The bottom line is this: as I also shared in my last podcast, change comes from focusing on what you do daily, not on the promises you want to hear. This mindset is the foundation of the work my team and I do. We are here to guide anyone ready to step up and do the work—not with empty promises, but with real strategies for owning your journey, building credibility, and showing stakeholders that you’re serious about doing the work. There are no shortcuts. Justin Paperny
In this episode, I explore how checklists, small habits, and intentional reflection can help you make progress while managing a government investigation. Inspired by The Checklist Manifesto by Atul Gawande and informed by Atomic Habits, Hidden Potential, and Difficult Conversations, I share practical strategies for developing clarity and accountability. At the heart of this approach is the Straight-A Guide, a framework I learned from my partner Michael Santos, which emphasizes Attitude, Aspiration, Action, and Accountability. Thanks for listening!
Justin Paperny
In Range by David Epstein, the argument is clear: in today’s unpredictable world, those with broader experiences—generalists—can be more successful than specialists. This resonates with me, as I had to rebuild my life after prison, trying new things and developing new skills. Epstein contrasts athletes like Tiger Woods and Roger Federer, showing how diverse experiences lead to success. This book reinforces the importance of adapting, embracing failure, and avoiding a singular focus for anyone dealing with a white-collar crime investigation. There’s dignity in trying, failing, and ultimately thriving by applying past skills in new ways.
Time for another book review! Today, I'll cover Think Again: The Power of Knowing What You Don’t Know by Adam Grant and how its lessons can help you get a shorter federal prison term. This book hit home for me because it emphasizes the value of rethinking your assumptions, something I’ve found to be essential to get the best outcome possible, including a shorter sentence and earlier release from federal prison.
In Think Again, Grant talks about the importance of intellectual humility—recognizing that you don’t have all the answers and being willing to question your own beliefs, presuming you actually want a shorter prison term or sentence!
For anyone facing sentencing, this mindset is essential. It means taking a hard look at your actions, letting go of excuses, and being open to feedback from others. In federal court, showing evidence is the only way to get the outcome you want--you must embrace new ideas to make this happen.
Grant explains that many people fall into one of three unproductive roles: the preacher (who insists they’re right), the prosecutor (who blames others), or the politician (who tries to say the right thing to look good). Embracing either of these three roles will lead to a longer federal prison term and more time in federal prison. Instead, Grant encourages you to embrace intellectual humility, which means accepting that you might be wrong and being open to exploring new ideas.
One story in the book that really stood out was about the 1949 Mann Gulch wildfire. Firefighters tragically lost their lives because they stuck to their training, holding onto their tools when they should have dropped them to run faster. I see this as a clear metaphor for someone preparing for sentencing. You might be holding onto a version of events or a defense strategy that’s slowing you down, when in reality, you need to adapt and rethink your approach.
Think Again also stresses the importance of learning from your mistakes, which is key when preparing for sentencing. You can’t afford to cling to outdated beliefs or place blame elsewhere. The court wants to see someone who’s taken responsibility for their actions and is willing to grow from them. The book encourages you to think about your past decisions as if they’re outdated software—you need to upgrade your mindset to face your current reality with honesty and openness.
One of the biggest traps is overconfidence, and I’ve seen it time and again (including in my own case.) They think they know how the court will respond or believe they’ve done enough to prepare. Grant explains how cognitive entrenchment—sticking to old beliefs despite new information—can blind you to better opportunities. Being overconfident about your sentencing strategy can result in missed chances to show the court why you are a candidate for leniency.
Defensiveness is another pitfall Grant warns about. It’s natural to want to defend yourself when facing criticism, but being defensive signals to the court that you haven’t fully accepted responsibility. We have always advised clients to separate their egos from their actions and own their mistakes without excuses.
Finally, Grant talks about the value of listening to feedback from others, whether it’s your attorney, our our team, family members. This can be tough, but it’s crucial if you want to approach your sentencing with clarity and honesty. Grant’s story about Daryl Davis, an African American man who convinced over 200 Ku Klux Klan members to leave the organization, shows how powerful listening and asking the right questions can be. When you listen and rethink your approach, you allow yourself the chance to grow.
In short, Think Again offers powerful lessons that can help you rethink your approach to sentencing. It’s not just about admitting guilt—it’s about showing the court that you’ve reflected deeply on your actions, learned from them, and are committed to doing the work (and not just talking about it). By embracing intellectual humility, letting go of defensiveness, and being open to feedback, you prepare yourself to get the best outcome possible at every stage.
As you prepare for sentencing, ask yourself: Are you holding onto outdated beliefs or strategies that no longer serve you? What can you rethink to approach this process with honesty, responsibility, and "individual humility?"
Justin Paperny
"Are you available to speak?" The text came five weeks after a client first retained our services. Despite knowing how critical it is to prepare, he had gone dark. Several team members reached out, but there was no response. Then one day, he texted me back, and we finally had the conversation that should’ve happened much sooner.
I understand why some people retreat when facing a government investigation. I did the same thing during my case—ignoring calls, avoiding family, and isolating myself. It’s an instinct, but it’s also a mistake. Waiting too long can make a difficult situation worse.
During our conversation, the client opened up about why he struggled to start. He had read Earning Freedom by Michael Santos and was struck by how Michael spent 26 years in prison without any guarantees his work would lead to an early release. This hit home for my client—he worried that his effort might not make a difference in the end.
I told him that uncertainty is part of the process. Michael didn’t focus on outcomes—he focused on how he lived each day, with integrity and discipline. He wasn’t obsessed with immediate results, and that’s something we can all learn from. When you focus on the daily steps and actions, the results tend to follow.
We also talked about the weight of shame. My client felt like he had let everyone down—his family, friends, and colleagues. He was consumed by guilt, and that guilt was keeping him from moving forward. I told him that while it’s important to acknowledge the past, it can’t be the thing that holds you back.
Many clients fear starting over, especially if they were successful before their case. The thought of going from a high-paying job to nothing is overwhelming. But the sooner you start preparing, the better equipped you’ll be to deal with these challenges. Preparation isn’t just about getting a shorter federal prison sentence—it’s about building the resilience and mindset you’ll need for the long haul.
In the end, it’s about showing up every day. You can say you’re going to do the work, but if you don’t build the habits and follow through, nothing changes. I told my client that we’ll see if he’s ready to do the work. We’ll see if he makes the calls, sends the emails, and reconnects with the people he’s been avoiding. Real preparation requires consistent action, and the earlier you start, the better the outcome, not just at sentencing, but for the rest of your life.
Justin Paperny
Recently, during an interview, the reporter caught me off guard by asking what is was like being an an introvert in federal prison. I wasn’t expecting that, but it got me thinking about how being an introvert affected my time in federal prison. I’d read Quiet: The Power of Introverts in a World That Can’t Stop Talking by Susan Cain years ago, and while I had shared some parts with my wife to explain my own behavior, I hadn’t really applied those lessons to my prison experience—until that question came up.
I realized then that this is something many people wonder about, primarily if they identify as introverts and are heading to federal prison. For that reason, I filmed this podcast!
Justin Paperny
In this podcast with Law & Crime, I explore what Sean "Diddy" Combs is likely going through in solitary confinement at a federal detention center. The experience can be brutal, especially if he focuses on things beyond his control, like when he can call home, the limited exercise, and the poor living conditions. I explain how Diddy can make his situation more bearable by learning from others who have successfully navigated long federal prison sentences. Solitary confinement is challenging, particularly for someone used to constant interaction and comfort, but it’s crucial that Diddy recognizes the role his decisions have played in landing him there. Instead of blaming and excusing, he needs to shift his focus and messaging to align with what the court expects—a shift that could lead to a bond or even a reduced sentence.
Justin Paperny
Roald Dahl’s The BFG may seem like a simple children’s story at first glance, but it offers profound insights that can be incredibly useful for someone preparing for a government investigation. Through its characters and narrative, the book explores essential qualities like strategic thinking, humility, resilience, and the importance of alliances—traits that are crucial when navigating the complexities of an investigation.
Understanding Perspective and Building Empathy In The BFG, Sophie initially fears the BFG due to his appearance and the reputation of giants. However, as she gets to know him, she realizes that he is fundamentally different from the others—kind, gentle, and misunderstood. This shift in perspective is key. When facing a government investigation, have you considered how you’re perceived by the stakeholders involved—whether it’s investigators, prosecutors, or judges? Understanding their perspective can help you anticipate their actions and create appropriate messaging (see our most recent webinar to learn more about appropriate messaging.)
Humility as a Strategic Tool The BFG is a giant who, despite his size and strength, approaches life with humility. He doesn’t boast about his abilities, nor does he try to dominate others. Instead, he acknowledges his limitations and is open to learning from Sophie and seeking help when needed. How often do we think that admitting our mistakes or seeking help is a weakness? In reality, humility can be a powerful tool during a government investigation. By acknowledging past errors and showing a genuine willingness to make amends, you demonstrate that you’re not just trying to outmaneuver the system but are committed to doing what’s right.
The Power of Strategic Alliances One of the most compelling aspects of The BFG is how Sophie and the BFG form a strategic alliance with the Queen of England to achieve their goal of stopping the other giants. They know they can’t do it alone. This reflects the importance of building the right alliances during a government investigation. Have you thought about who you need on your side? Whether it’s your lawyers, our team,, experts who can testify on your behalf, or character witnesses, forming alliances with people who can support your case is a good idea. These relationships can provide not only practical help but also moral support during a challenging time.
Creativity and Problem-Solving Throughout the story, Sophie and the BFG use creativity to overcome seemingly insurmountable obstacles. They devise clever plans and think outside the box to achieve their objectives. Do you feel trapped by the options in front of you? As I share in this podcast, this is when creativity in problem-solving becomes invaluable.
Courage and Resilience Sophie and the BFG face big challenges, yet they persist with courage. They remain resilient, focused on their goal. When you’re dealing with a government investigation, it’s easy to feel overwhelmed by the pressure and uncertainty. How do you stay resilient when the outcome is unclear? Courage doesn’t mean you’re not afraid; it means you keep moving forward despite the fear. Maintaining focus on your long-term goals is key to navigating this difficut process successfully.
What Can You Learn from The BFG? The BFG offers more than just a whimsical tale of giants and dreams. It provides a blueprint for how to approach a government investigation with the right mindset. By understanding different perspectives, embracing humility, forming strategic alliances, being creative in problem-solving, and showing courage and resilience, you can better prepare for sentencing, prison and life after prison.
Thanks for listening!
Justin Paperny
In this interview with Angenette Levy from Law & Crime, I discuss the recent arrest of Sean "Diddy" Combs on racketeering and sex trafficking charges and what his future could look like if he remains in custody. We cover what life in jail might be like for someone of Diddy’s profile, the steps he could take to navigate this difficult period, and how high-profile defendants manage their time in federal custody. Drawing from my experience, I offer insights into what Diddy might face next and how he could prepare for what's ahead.
Justin Paperny
My daughter Alyssa and I have gone through every Roald Dahl book together, reading and listening. After we finished "Charlie and the Chocolate Factory," I told her, "This is a story of vice versus virtue." She just laughed and said, "OMG!" I added, "I think I’m going to write book reports and film podcasts for each book." And again, "OMG!" she said.
So, here we are with the first one! In this episode, I dive into Charlie and the Chocolate Factory to explore how its lessons of humility and gratitude can help someone facing a government investigation.
I talk about how Charlie’s story is really about staying grounded, appreciating the small things—like a single bite of chocolate—and focusing on what you still have, even in the toughest of times.
There’s a lot to learn from Charlie and his humble approach to life.
Next up, "The BFG!"
Justin Paperny
In the second video/podcast of my 10-part government investigation series, I share insights from the period following my meeting with the FBI. After lying to the FBI, I was told by my lawyers that I had just obstructed a federal investigation. Yet, for several months after that, I didn't hear from anyone—no calls from my lawyers, no news from the government.
This lull gave me a false sense of security, leading me to believe that I could move on with my life without any consequences. I continued my real estate career, played golf, and believed my bad decisions were behind me. That illusion, however, was shattered when my lawyer eventually called with urgent news: my former client had been cooperating with the government all along, and the government planned to indict me on securities fraud charges.
This video captures the naivety and false confidence that can come when one assumes silence means safety. I aim to provide a lesson on the importance of facing reality, being truthful, and preparing for what’s to come in a government investigation.
Profit from my losses.
Justin Paperny
In our webinar/podcast yesterday, Judges Bennett and Bough explained precisely how to take control of your narrative and prepare for sentencing.
We also heard from a former Probation Officer, who shared how your preparations won’t just influence your sentencing—they’ll impact how quickly you could get released from prison and the level of freedom you have afterward.
Some of you will act on this advice right away. Others might put it off, thinking there’s time later. Some will convince themselves that this advice doesn’t apply to them. The choice is yours.
The replay is now available.
This isn’t theory—it’s advice from Judges who have sentenced thousands of defendants.
Best, Justin Paperny
P.S. Questions/comments? Call/Text us anytime at 949-308-1995.
When you first enter federal prison, it’s easy to fall into the trap of thinking that your time there is simply something to endure. Many people convince themselves that once they’re out, they can start fresh, and what happens in prison won’t matter. This couldn’t be further from the truth. Your decisions during prison will set up the coming years of your life.
Let’s consider two individuals with the same sentence. One person spends their days watching TV, playing cards, and avoiding meaningful activities. The other person documents their growth, takes every opportunity to complete programs, and builds a detailed strategic plan. Which one will get an earlier release or more time in the halfway house?
The answer is obvious: the person who has taken steps to show their progress.
Consider Nate Schott’s story. Nate was sentenced to 33 months but only served 10. How? He started planning before he even surrendered to Montgomery Prison Camp. Nate didn’t just survive; he thrived. He built a strategic plan documenting his growth and applying what he learned daily. This documented progress made all the difference when it came time for release.
Your time in prison can either be wasted or used to build a case for why you deserve to come home sooner. The choice is yours. Don’t let this opportunity slip away. Start now by thinking about what you can do each day to prepare for the hardest part: coming home.
Best,
Justin Paperny
Many people continue to make bad decisions after they become the target of a federal investigation.
I’m excited to introduce my friend, Andrew Bernstein, a Fox Rothschild partner specializing in white-collar criminal defense and government investigations. Andrew has a unique background, having started as a New York City public defender dealing with serious crimes, which laid the foundation for his expertise in trial law. His journey through various law firms has culminated in his current role, where he focuses exclusively on white-collar defense.
Andrew and I discuss proffers. A proffer, often called a "queen for a day," is a meeting with the government where the individual can share their side of the story. This meeting is protected by a "proffer agreement", which ensures that the statements made cannot be used directly against the individual. The information, however, provided can lead to further investigation by the government. The proffer is an opportunity to mitigate the charges or explore cooperation.
A proffer can fail in numerous ways, particularly if the individual lies or misleads. Misrepresentations, even by omission, are treated as seriously as outright lies. The government often knows a significant amount of information beforehand and uses the proffer to gauge the individual's credibility. Therefore, honesty is paramount. If honesty is not the priority, that person should not proffer!
To effectively defend a client, a lawyer needs complete honesty from the outset. This open communication allows the lawyer to provide the best possible advice and avoid any missteps that could inadvertently harm the case. Building a trusting relationship with the client is essential for achieving this level of openness.
Starting preparation early is crucial. When a client is aware of an investigation, efforts should begin to prepare for all eventualities, including a potential trial, guilty plea and sentencing. Engaging with probation officers, preparing for pre-sentencing interviews, and continuous mitigation efforts are all critical components of this preparation.
In summary, navigating a government investigation requires immediate and strategic action. Engaging with experienced professionals like Andrew can provide invaluable guidance. I am thankful that joined our show and is in our community.
I encourage defendants in New York to reach out to him with questions.
Andrew M. J. Bernstein PARTNER
abernstein@foxrothschild.com New York, NY
212.450.9843
Best,
Justin Paperny
In this CNN interview, I discuss the challenges Steve Bannon is likely to encounter as he prepares to serve his four-month sentence in federal prison. He surrenders later today.
The discussion focuses on his life in prison and whether Bannon can avoid problems during his incarceration. Will he lay low and avoid drama or go all in to promote his interests, creating potential problems with prison staff at Danbury Federal Prison?
Best,
Justin Paperny
In this podcast, I describe my first seven days in the halfway house following my release from federal prison. This video will help you prepare for the halfway house, which requires you to prepare properly in federal prison.
Key points covered include:
- The importance of doing your own thing and staying focused
- Avoiding gossip and haters in federal prison.
- Sharing your progress and work with stakeholders
- Understanding why you cannot waste a moment in prison
These insights will be invaluable for you as you prepare for your release.
Thank you,
Justin
I connected with Ron Chapman through LinkedIn, where we often commented on each other's posts about mitigation. A few weeks ago, after I posted a video describing why some white-collar defense attorneys were averse to working with consultants, Ron commented.
"Justin, the issue is that in your industry there are a lot of vultures. Big promises of RDAP admission, programs, mitigation success. Most are working off of false or outdated knowledge of BOP policy. In addition, any field that intersects law will be highly skeptical to lawyers who've worked for decades perfecting their craft. You seem to be different, and I see value in what you offer. My only remaining concern is that others will continue to mimic you with a cheaper and a less honest service. We need to be on guard for these types because they cause real damage to vulnerable people during vulnerable times. It's all about helping people facing Government scrutiny, and as long as we're rowing in that direction, I'm happy."
Based on that comment, I asked Ron if he would join me for an interview. He said yes!
As Ron expressed in our video, his career as a criminal defense started in the Marine Corps, where he initially served as a prosecutor. He found more satisfaction in "ripping the wires out" of the government's case than in building it, which led him to switch to defense work. Now, he primarily represents physicians and healthcare entities facing federal investigations related to healthcare fraud and opiate prescribing cases.
One of the main topics we discussed was defendants' vulnerability. As we often do, Ron highlighted the dangers of misleading marketing and unethical practitioners who prey on the desperate. He stressed the importance of choosing lawyers carefully and being wary of those who promise unrealistic outcomes. What do I say in every video? WE CANNOT CHANGE THE PAST OR GUARANTEE AN OUTCOME.
Contrary to some defense attorneys who suggest waiting, Ron advocates for immediate action when a target letter is received, or any indication of an investigation arises. This involves engaging compliance professionals, conducting self-audits, and preparing for a thorough defense. The Department of Justice is always working, and so should the defendant.
Ron noted that a successful defense requires an understanding of the client's personality and actions. This knowledge is crucial, especially in trial settings where the attorney must effectively convey the defendant's story to the jury.
Our conversation then moved to the difficult decisions defendants face, particularly between going to trial and accepting a plea deal. Ron shared a story about a physician, Dr. Thomas Sachy (link below), who initially pleaded guilty under pressure but successfully withdrew his plea and won his case at trial. This story illustrates the importance of fully understanding the implications of a plea agreement.
We also discussed the issue of overcharging. Ron expressed concerns about prosecutors who stack multiple charges to compel defendants to plead guilty, often involving family members to increase pressure. This practice can lead to unjust outcomes, and Ron stressed the need for a more balanced approach to charging decisions.
Despite being based in Michigan, Ron's focus on healthcare law allows him to represent clients across the country. His national practice underscores the importance of specialized knowledge in navigating complex regulatory environments like healthcare.
Finally, we touched on the sentencing process. Ron emphasized the importance of defendants understanding the sentencing guidelines and the potential consequences of plea agreements. He encouraged defendants to become vested in their cases and actively engage with their attorneys to ensure they understand each step in the process.
Ron's insights into prosecutors' mindsets were insightful. He described how motivations can vary widely among prosecutors, from those driven by a sense of justice to others possibly influenced by career ambitions or bureaucratic inertia. Understanding these motivations can help defendants and their lawyers better anticipate prosecutorial strategies and prepare accordingly. I am grateful Ron took the time to join us and offer his insights. If you seek guidance in a healthcare case, Ron is someone you should consider calling.
Thank you, Justin Paperny
P.S. To learn more about Ron, his book and some of his outcomes, click the links below:
Book: https://ronaldwchapman.com/book
Company Website: https://www.ccghealthcare.com
News Media Appearances: https://www.youtube.com/channel/UCUF4Qi2sAp3kRFG6_f_taDA
Dr. Sachy Case: https://wgxa.tv/news/local/jones-county-doctor-accused-of-running-pill-mill-pleads-guilty-in-federal-court
Hi, Justin here, and I am super excited to provide this book summary of Arnold Schwarzenegger’s "Be Useful: Seven Tools for Life." This book is not just a recount of Schwarzenegger’s remarkable journey from a small village in Austria to becoming a global icon in bodybuilding, Hollywood, and politics; it’s also a profound source of practical wisdom that can be particularly beneficial for anyone navigating the complexities of a white collar crime investigation.
The narrative begins by vividly describing Schwarzenegger's early life in post-war Austria, laying the foundation for the resilience and vision that would characterize his later endeavors. Through the lens of his "Seven Tools for Life," Schwarzenegger offers insights that are universally applicable yet particularly resonant for those of us dealing with white-collar crime cases.
The first tool, Vision, underscores the importance of having a clear goal. For someone under investigation, this could mean developing a comprehensive mitigation strategy or planning for future career steps after prison. Schwarzenegger's focus on envisioning success teaches us the power of having a roadmap in uncertain times.
The Power of Reps highlights the value of consistent effort in any endeavor. For us, this could mean developing new skills every day, exercising, making cold calls, or maintaining compliance on pre-trial or probation. It's about building habits that will help us today and down the road.
In Turn Liabilities into Assets, Schwarzenegger shares how perceived weaknesses can be transformed into strengths. This is particularly poignant for those facing public and professional scrutiny; it’s about leveraging every part of one's story, including the challenges, as platforms for demonstrating growth and responsibility.
Break the Rules encourages innovative thinking to navigate through or around obstacles. For someone entangled in a white-collar investigation, this might mean embracing unconventional thinking to overcome a conviction: talk about it, share lessons learned, and do not run from it.
Ignore the Naysayers is about maintaining focus and self-belief despite external skepticism or criticism—a common occurrence I heard every day in prison. Schwarzenegger reminds us of the importance of staying true to one’s strategy and values, even when facing doubt from others.
Play the Long Game involves strategic, long-term thinking, crucial for managing one's career and personal life both during and after an investigation. This tool encourages planning beyond the immediate situation to consider long-term impacts. In other words, I knew some projects would take years to come together. I also knew I had to get started.
Lastly, Give Back discusses the importance of contributing positively to the community, even during tough times. For those under investigation, engaging in community service or other philanthropic activities can not only positively impact others but also help in personal redemption and building a supportive network.
Arnold Schwarzenegger’s "Be Useful: Seven Tools for Life" offers more than just motivational advice; it provides a strategic toolkit for anyone looking to navigate a government investigtion.
Justin Paperny
Our team at White Collar Advice is proud to collaborate with some of the best legal minds in America. Today, I have the privilege of interviewing one of them, my good friend, Diane Bass.
In this video, Diane discusses a particularly challenging case where, despite her client’s conviction at trial, her planned mitigation strategies led to an extraordinary court outcome. Her client, who had been taken into custody post-trial, received a sentence of time served and was able to go home that night—an outcome that seldom occurs.
Diane discusses her defense tactics, emphasizing the importance of a proactive approach even after a guilty verdict. She highlights how investing time in mitigation and closely reviewing all submitted documents, including collaborating with clients on their statements, played a critical role in shaping the judge’s decision. If you need a lawyer who continues to produce incredible outcomes, I encourage you to contact Diane Bass at https://www.dbasslaw.com/.
Thank you for watching,
Justin and Diane
In this podcast episode, I dive into "The 50th Law" by 50 Cent and Robert Greene, a book that explores the profound theme of fearlessness. Drawing parallels to Greene’s "The 48 Laws of Power," this work offers a compelling look at how embracing fearlessness can transform weaknesses into strengths.
I share personal insights on how these principles can be applied not just in confronting the challenges of federal prison or sentencing, but in overcoming any of life's significant obstacles.
Through stories of 50 Cent’s resilience, from his early hardships in New York’s streets to his rise in the music industry, we uncover the importance of self-reliance, opportunism, and maintaining a fearless approach in the face of adversity. J
Join me as we discuss how adopting this fearless mindset can empower you to take control of your sentence and all of the collateral consequences that follow a government investigation.
Justin Paperny
Achieving the best outcome in federal court requires dedicated work over a prolonged period. It necessitates not only having an excellent lawyer but also working effectively with them—being open and transparent at every step.
In this short blog, I wish to share about a particularly special relationship with Diane Bass, a friend and one of the best lawyers I've had the pleasure to work with. Located in Orange County, Diane handles cases throughout California. Whenever I need assistance outside of the state, she's my first call for a reliable referral.
Diane is a remarkable attorney because of her genuine care for her clients. She actively listens, personally invests in understanding their situations, and encourages them from day one to introspect and think deeply about how they got involved in a government investigation. This introspection is vital—it allows Diane to advocate passionately and precisely, ensuring she's equipped with all the necessary information to negotiate and support her clients effectively. (I am filming a live YouTube video this week highlighting the consequences of a defendant who failed to work openly with their lawyer.)
I first met Diane in 2014 when my business partner, Michael Santos, introduced us. Her appreciation for our team's expertise and her receptiveness to new ideas impressed me. Unlike some lawyers who are resistant to outside ideas, Diane puts her ego aside and embraces ideas that can help her client get the shortest federal prison sentence possible!
Some lawyers remain rigid in their approaches, which can undermine their client's interests.
For instance, a Midwest lawyer I recently spoke with refused to provide a personal narrative to a probation officer, despite the benefits our team has heard directly from Federal Judges. Diane, however, embraces such strategies, presuming her client delivers the right message. This openness has led to significant victories, such as a recent case where a client faced a suggested 87 months but received only 46. Furthermore, I've recently done a YouTube video with Diane (posting soon!) featuring a client of hers convicted at trial.
The mitigation led to the judge in Riverside sentencing him to time served, whereas the government had sought 57 months. Diane's collaborative spirit, her willingness to consult with experts, and her profound commitment to her work are why she achieves such outcomes. It is not by accident!!
I am proud to endorse and support Diane's work. Our team has referred numerous clients to her, and she has consistently performed exceptionally, helping individuals navigate a new, foreign world.
If you are looking for a lawyer in Orange County, look no further than Diane Bass. Her compassion and dedication are unmatched.
Best,
Justin Paperny
In my latest podcast I address the sentencing memorandum. Unfortunately, too many defendants lack an understanding of the sentencing memorandum--some have never even heard of it until it was turned in to the government before sentencing.
Presuming it was done well, the memo plays a pivotal role in influencing the sentencing phase by presenting a comprehensive, well-rounded defense narrative to the judge. Starting with essential background information about the defendant, the memorandum explores character details and mitigating circumstances surrounding the offense.
This podcast posted along with a longer blog on Topwca.com, highlights the strategic importance of integrating personal narratives into the memorandum to enhance its personal touch and persuasiveness. For example, during my own sentencing, my attorneys successfully incorporated details from my life to bolster the memorandum's effectiveness.
The post also advises defendants on the necessity of contributing to their memoranda, emphasizing unique mitigating factors to distinguish their cases, akin to Seth Godin's "Purple Cow" concept—making their cases stand out distinctly.
Finally, the blog stresses the importance of defendants being proactive and involved in the drafting of their sentencing memorandums.
Justin Paperny
In this podcast, I discuss a common challenge defendants face in government investigations: the harsh truth about sentencing mitigation efforts.
Despite significant investments in time and resources, a client learned from their lawyer yesterday that their mitigation efforts will not influence the judge's decision.
This situation raises questions about why some lawyers may downplay mitigation efforts. Possible reasons include a reluctance to embrace new ideas and past negative experiences with consultants who made false promises.
Despite these challenges, defendants must hold their lawyers accountable and document their mitigation efforts. Doing so can influence their sentencing and increase their chances of securing an earlier release from federal prison.
Justin Paperny
I was saddened to hear Sam Bankman-Fried say his useful life is over. Many individuals facing prison share that sentiment, and I certainly did during my own experience. Navigating through such challenging times requires learning from those who have not only faced but also found success in similar circumstances. Fortunately, I found invaluable guidance from my mentor, Michael Santos, while incarcerated. I literally sat next to him for 10-12 hours a day in that prison quiet room to learn and grow. When individuals tell me, "I cannot do it, Justin. Come on, man. The FEDS want (insert sentence length). I cannot do it," I can offer them a tangible roadmap based on documented experiences of overcoming such hurdles. Whether that person does the work or not is up to them. In this CNN video, I discuss how Bankman-Fried can discover meaning in his journey, much like I did. As I often emphasize, "If Michael can conquer 26 consecutive years in prison, you can overcome (insert sentence length)." Justin Paperny
Transcript from CNN Interview
We're joined now by Prison Consultant and the founder of White Collar Advice, Justin Paperny. Justin, thanks so much for sharing part of your afternoon with us. What would you be telling Peter Navarro now as he begins his first day of incarceration?
I would tell him this four months can feel like 40 years. If he complains all day and finds people who will tell him exactly what he wants to hear, that it wasn't his fault or he can adjust properly.
Don't complain about the length of his sentence, which can be off-putting to people who have been in prison for a long time. He can do his job with humility. He has a Ph.D. in economics from Harvard. He could use his experience to educate people so it could be a great time in his life, or it can be a miserable time. The good news for him, at least he gets credit for time served. Today he's one day closer to home.
That's true. He may not be a household name. He's not really a celebrity. He is well known in politics, though he was a prominent figure in the Trump White House. A Maga loyalist, he was able to hold a 30-minute press conference before starting his sentence. And most inmates don't have that luxury. How do you think his life on the outside will play on the inside?
Most people who go to prison, like me, are unknown. Because of his stature in the administration, there will be people who are sympathetic to him. There will be sycophants all around him offering to help him, and he can take that advice or help. Or he can lay low and recognize in the totality of his life this is a little blip, and he can use the experience for good. But certainly, guards and prisoners are going to come up to him and offer him things. Others won't care, and others will loathe him. Of course, he has an obligation to his family to adjust well, to never complain, and to use this experience somehow. Some way to benefit people in prison who have not had the opportunities that he has had throughout his lifetime. Use the 120 days on the inside to educate and help people. It's possible, but he has to make that choice.
I appreciate that that sort of stoic philosophy that you're recommending. There is not much privacy, apparently, in that elderly men's dorm that he's likely to live in. You mentioned keeping a low profile. Would that actually be possible under those circumstances?
If he chooses.
To create that profile, certainly he can. When I was in prison, I woke at 4:00, woke up at 4:00 in the morning. So I had several hours alone to think and create and write while the dorm slept. And I would exercise alone, go to the library alone, walk that track alone, and by exercising and working hard, you go to bed earlier because you are exhausted. Or he can do what so many prisoners do: sit in the chow hall and lament and complain. The great thing about complaining in prison is it will eventually be your turn, and there will be others who will be willing to listen to those complaints. The choice is his. But if someone tells you you cannot find respite or privacy in federal prison, that tells me they haven't been to federal prison. If he wants it, he can do it, but it's going to require an adjustment. Use the experience for good to teach rather than complain, which is what too many new prisoners do. All eyes will be on him. I hope he adjusts properly for his sake and his family's sake. They're watching.
Right? You did mention that he will have to find a job while he's in prison. What would you recommend he do? What are the options look like potentially for him?
I recommend he does his job because if he's in prison, there's already about 17 people who have come up to him and said, you shouldn't be here, I'll do your job for you. It shows humility and deference. If you're willing to contribute to that community of felons. He could be an orderly, work in the commissary, serve food. Maybe he's scrubbing toilets and showers. I'm not sure I know you do your job on the inside. You avoid disciplinary infractions, you avoid the prison hustle, and you never, ever complain. That's what he needs to do. Presume he wants this four month experience to be a productive experience in his life. And one will, that one will that will not define the rest of his life as it does for so many people who go through this system.
Justin Paperny, we really appreciate an illuminating conversation. Thanks so much.
Thank you.
In today's podcast, I analyze the new updates in Sam Bankman-Fried's case, highlighting his missed chances for mitigation that could influence his ultimate federal prison sentence.
Our team at White Collar Advice assists others involved with FTX, though Bankman-Fried isn't one of our clients. Bankman-Fried seems to be repeating history, relying heavily on his legal team instead of mitigating. This approach could lead to a harsher sentence, much like others before him. Understanding federal sentencing is complex. Bankman-Fried's lawyers suggest a 63 to 78-month term.
In reality, I'll explain what this could mean, factoring in the First Step Act and good behavior. His defense strategy leans on his attorneys' arguments and experts' reports, sidelining proactive efforts that could show his character and remorse—potentially crucial for leniency. I urge Bankman-Fried and anyone in a similar situation to mitigate. True change and resilience come from within, not through your defense team's efforts.
Thank you for listening.
Justin Paperny
Our client's case took a dramatic turn last February when a federal judge, exasperated by his actions, declared him "an absolute menace to society" and ordered him into custody. This pronouncement could have marked the beginning of a bleak chapter in our client's life, especially as he was staring down a potential 60-month sentence in federal prison.
Despite the likelihood of a 60-month sentence and the less-than-ideal start to our relationship (he hired us three days before he was taken into custody) his path to redemption had only just begun. With the help of his phenomenal lawyer, Diane Bass, and the comprehensive support from our team, he finally began to do the work.
He enrolled in our "Preparing for Success After Prison" course from that detention center, engaging daily with the material. This wasn't just about going through the motions but about genuine self-improvement and taking proactive steps towards rehabilitation. By documenting his journey of reflection and growth, he constructed a compelling narrative that demonstrated his commitment to change, far beyond mere apologies or expressions of regret. In sum, he had to prove to his Judge he would not be a "menace to society."
During the sentencing hearing, the federal judge acknowledged the significant strides our client had made, influenced in part by the insights and philosophies of Carl Jung, who said, "You are what you do, not what you’ll say." Instead of the looming 60 months, the judge sentenced him to 37 months in federal prison, underscoring the impact of documenting the journey for all stakeholders.
If you are reading this and are facing a sentencing hearing, act now to change the narrative, like our client did.
Justin Paperny
I understand the shock and disbelief that comes with facing a federal prison sentence—I’ve been there. At first, I rejected advice and preparation, opting instead to blame others for my situation. But that lack of preparation made things harder for myself and my family.
Learn from my mistakes.
Now that you’ve been sentenced, you have clarity. There’s a defined timeline: a beginning and an end to your federal prison sentence. The real challenge is ensuring you come out with a solid plan, ready to rebuild and rebrand.
Our team at White Collar Advice is eager to help you overcome these hurdles. As you prepare for prison, document your plans and establish a reliable contact person for managing outside affairs. Understand the financial implications, prepare a reading list that aligns with your goals, and plan to oversee your business legally. Manage your personal belongings, address medical needs, set a realistic communication plan with loved ones, and create a quadrant guide for decision-making. Begin an exercise regimen that you can maintain while inside.
Remember, it’s about taking deliberate steps to document your journey, making it tangible for others, including judges and probation officers, to see. Our strategies are proven, not just ideas, and they’ll serve as your blueprint for navigating your time through prison and life after prison.
Justin Paperny
Preface To Third Edition of Lessons From Prison
When I read 'United States of America Vs Justin Paperny,' I wasn't ready to change. Even after Judge Wilson sentenced me to prison, I continued to resist. It was only upon my surrender to Taft Federal Prison Camp in 2008 that the gravity of my circumstances truly dawned on me. In that moment of clarity, I finally understood the extent to which my own flawed character had led to my downfall.
I met Michael Santos in Dorm D on my second day in prison. I knew of Michael because my mother used to send me his blogs, which I ignored. As a federal prisoner, I began to truly understand the value of his insight.
Within days of my arrival at Taft Camp, Michael became my mentor, guiding me through a journey of profound personal growth during my sentence. His wisdom and guidance were invaluable. I was fortunate to work alongside him every day in prison, learning and evolving. He is still guiding me today!
Now, I invite you to do the same. While you may not have the opportunity to work alongside Michael as I did, through this book, you can access the same lessons he taught me and the insights we developed together.
At the time of publication in 2009, 'Lessons From Prison' was a compilation of what I learned from Michael while serving my 18-month prison sentence. Since then, my life—and the world—have evolved significantly. I married and had two children and relocated with my family from Los Angeles to Orange County. The move symbolized not just a location change but also the ongoing journey of personal and professional growth that has defined my life since my release from federal prison on May 20, 2009. This updated preface of the book offers new insights into preparing for successful outcomes and reflects recent changes in the law that affect sentencing and time served.
The successful outcomes produced by our dedicated team have garnered global media attention, amplifying our reach and impact. These opportunities have not only expanded our ability to help others but have also been instrumental in the growth of our business.
Navigating the complexities of a government investigation is a profoundly disorienting experience. Though I completed my own sentence in 2009, the rawness of the ordeal remains undiminished in my memory. The emotional turmoil, the gnawing uncertainty, the looming specter of incarceration—all these can weigh heavily on a person's psyche. Along with our team, I am privileged to guide countless individuals through these tumultuous times. This daily engagement keeps the reality of these struggles vivid in my mind. I share a deep, enduring empathy for the distress that accompanies this ordeal—it leaves an indelible mark, one that is both unforgettable and transformative.
In the face of these daunting challenges, I offer you reassurance grounded in lived experience: you can navigate through this crisis and emerge with a renewed sense of purpose and clarity. My own path to redemption, along with the journeys of the scores of individuals we've supported, bears witness to the indomitable strength of the human spirit. They serve as compelling evidence that even amidst the severest trials, opportunity exists for significant personal recalibration and the discovery of a deeper, more purposeful existence.
Emerging successfully will not happen by accident. As you will read in "Lessons From Prison," the hardest part of the process is not prison itself but rather the waiting and wondering. The success you strive for requires embracing hard truths: we cannot change the past, and the reality is that too many people continue to suffer long after serving their sentence. For many, a brief time spent in a minimum-security camp becomes a life sentence.
The passage of the First Step Act in 2018, championed by Michael Santos since his imprisonment began in 1987, is a testament to the power of vision and perseverance. This legislation mirrored Michael's decades-long commitment to advocacy, education, and reform and underscores a crucial message: with a clear vision and relentless effort, transformative change is achievable. His 'Preparing for Success After Prison' curriculum is now an approved First Step Act course in the Bureau of Prisons catalog.
This book does not explicitly mention the term "release plan," but that is precisely what it represents. A release plan changed my life. By documenting my progress and growth, I encouraged all stakeholders – from my family to my probation officer – to hold me accountable.
Whether your release plan is a manuscript like mine or something smaller, it must be created with the appropriate messaging and stakeholders in mind. Michael Santos often says, "We never ask anyone to do anything we didn't do." We are successful because we document our journeys, share them, and hold ourselves accountable. Follow this path, and you can achieve whatever it is you want. Success, whether that means a shorter sentence, early release from prison, or more liberty on supervised release, will not happen by accident. It requires a commitment to a well-thought-out plan and the discipline to see it through.
Moreover, I invite you to join the mission of the Prison Professors Charitable Corporation. Founded by Michael and Carole Santos and supported by our personal donations, this nonprofit organization is dedicated to improving the lives of people impacted by the criminal justice system. From preparing for prison to navigating societal reintegration, Prison Professors Charitable Corporation offers hope and practical guidance. We are a movement committed to reimagining and reforming America's prison system, advocating for merit-based liberty, and reducing recidivism.
Reflecting on my personal growth since my release, I've realized that the commitments and goals I set in prison were the bedrock of my success. Despite the challenges of reentry as a convicted felon, the principles I adhered to – principles shared in this book – have been instrumental in overcoming the odds. As a husband and father, these lessons continue to guide me.
In this updated preface, I address the critical need for justice-impacted individuals to create assets that influence stakeholders. The unfortunate reality is that without documented, shared evidence of reform, many in the legal system remain skeptical. This book aims to guide you in creating that evidence, in expressing genuine remorse and reform, and in charting a path that ensures you never return to a courtroom.
The call to action remains as vital as ever: Read this book, absorb the content, and implement the lessons. This edition, available as an audiobook, allows for convenient and private consumption. Let each chapter guide you, step by step, towards a future where slow and steady effort brings about lasting change. And remember, our team stands ready to assist you further.
As you embark on this journey with White Collar Advice, remember that our collaboration is more than just a path to a shorter sentence and earlier release from prison; it's a contribution to a larger justice reform movement. Together, we can prepare for the new realities of life post-conviction and work towards a future where your past does not define your potential and where a prison term doesn't become a life sentence of unfulfilled potential and ongoing challenges.
From my perspective, as you read this book, you're faced with three distinct choices. Each of these choices carries its own set of consequences, and it's important to consider them carefully:
The first option is to wait. Waiting doesn’t require any effort. In fact, while waiting, you don’t have to do anything. As a consequence, however, you may continue to live in fear. You may continue to deny or minimize the magnitude of the problem. Instead of acting, you might cling to a fantasy that events will improve or magically disappear. You may fail to live productively while in that “waiting” mode.
Rather than working productively to restore confidence, if you choose the first option, you might surf the internet looking for information when you can’t sleep. I know this option well. I endured it for several months before my surrender to prison. I felt lost, invaded, hopeless, afraid, and tormented by anxieties about what was to come. It’s not an option that I recommend for anyone.
You have a second option: to actively engage with our team for guidance through your journey. If the sleepless nights and constant anxiety have become overwhelming, you can choose to work with us. We’ll define a clear scope of work with a fee agreement tailored to your needs.
We'll collaborate closely to develop a strategic approach if you opt for this path. Our work together will vary depending on your current stage in the journey. We can focus on sentence mitigation, aiming for the most favorable outcome, or concentrate on preparing for prison and ensuring the best possible experience on the inside.
The highly personalized work we undertake together will depend on a variety of factors. While we do not offer legal guidance, we collaborate closely with many defense attorneys who are familiar with our programs and services. Our joint efforts will be primarily focused on preparing you for sentencing and the challenges of imprisonment. More importantly, we'll develop a clear and deliberate strategy to help you emerge from prison with your dignity intact and enhance your prospects for success upon release.
You'll find a renewed sense of purpose if you choose this second option. Our collaborative work will reduce your anxieties and support you as you navigate the judicial and prison process.
Of course, there is a third option. You may choose to retain our team. But more is needed than just hiring our team. Our methods require preparatory work. Our team has developed mitigation strategies proven to be best-practice guides (as taught by the federal judges we interviewed) for getting a shorter sentence and preparing for the prison experience. During an initial free consultation, we would review the scope of work and come to an agreement. Yet, if you fail to engage and participate in the work, progress will not follow.
We cannot purchase restored peace and confidence. We must work to achieve it.
Which option will you choose?
Justin Paperny
January 22, 2024 (my 49th birthday)
Jose Huizar's 13-year sentence by Judge Walter wasn't just about the crime; it also reflected his conduct after being caught, particularly his failure to identify with the victims. In my new YouTube video and podcast, I dissect Huizar's letter to Judge Walter, starting with its tragic opening line: "Let me begin by stating that I apologize to my family." This sets the tone for a letter that exemplifies what not to do: it's self-focused, ignoring the victims and the broader damage inflicted on Los Angeles, my hometown. Judges often encounter defendants who deny, make excuses, and center their narratives on themselves. Huizar's letter aligns precisely with this pattern. Notably, the final paragraph of his letter begins with, "My whole life has been turned upside down," yet, astonishingly, the word "victim" never appears in the letter. Like most defendants he closes by asking for forgiveness yet fails to demonstrate why he is worthy of it. Check out the full video for a comprehensive analysis of Huizar's disastrous letter and the critical lessons it imparts. This case is more than just about Huizar; it's a crucial lesson for anyone facing "The United States of America vs. (insert your name)." Justin Paperny
Navigating Federal Prison: Insights from the 48 Laws of Power
Entering federal prison unprepared can be akin to stepping into a high-stakes game without knowing the rules. Even in a minimum-security camp, the environment is governed by unspoken codes and power structures fundamentally different from the outside world. Understanding these dynamics and adapting to succeed in federal prison is crucial. This understanding can make your time away more than just isolation or punishment; it can become an opportunity for growth.
In this context, some books can help you navigate the intricacies of prison life. One such book is "The 48 Laws of Power" by Robert Greene. It's intriguing because, despite being banned in federal prisons, it's still widely available inside. This book has profoundly impacted my perspective, especially in understanding people's tendencies and avoiding exploitation.
Let's explore some of these laws and how they relate to surviving and thriving in prison:
- Never Outshine the Master: Recognizing and respecting the hierarchy is crucial in prison. Overstepping or challenging those in authority, whether prisoners or staff, can lead to problems. Balance competence with humility and deference to avoid posing a threat.
- Never Put Too Much Trust in Friends; Learn How to Use Enemies: Prison dynamics are fluid, and alliances can change. Be cautious about your friendships, and don't underestimate the potential for your adversaries to become allies.
- Conceal Your Intentions: In federal prison, revealing too much about your plans can make you vulnerable to manipulation and setbacks. Guard your intentions, and don't share more than necessary.
- Always Say Less Than Is Necessary: Words can be twisted and used against you in prison. Speaking less and listening more can help you maintain an element of mystery and protect yourself from manipulation.
- So Much Depends on Your Reputation; Guard It with Your Life: Reputation in prison can define how you're treated. Strive to have a positive reputation by being respectful, responsible, and avoiding problems.
- Court Attention at All Costs: Striking a balance between being inconspicuous and maintaining a presence that commands respect is crucial. Use your routines and actions wisely to gain attention without overdoing it.
- Get Others to Do the Work for You, but Always Take the Credit: In prison, forming strategic alliances and leveraging others' strengths can enhance your standing. However, use this power wisely, and don't take advantage of people.
- Make Other People Come to You; Use Bait If Necessary: Being someone others seek out for advice or support can improve your standing. Cultivate valuable skills or knowledge but avoid being perceived as manipulative.
- Win Through Your Actions, Never Through Argument: Actions carry more weight than words in prison. Demonstrating reliability and respect through your behavior can build a solid reputation and avoid conflicts.
- Avoid the Unhappy and Unlucky: Surrounding yourself with negative influences can bring you down in prison. Seek positive influences and friendships that align with your values.
Understanding and applying these principles can help you navigate the complexities of federal prison life and emerge stronger and wiser. While "The 48 Laws of Power" may be banned inside, reading it before entering prison can provide valuable insights and prepare you for the challenges ahead.
Remember, your time behind bars can be an opportunity for personal growth and transformation if you approach it with the right mindset and strategies. Make the most of it and focus on your journey toward successfully reintegrating into society.
Justin Paperny
818-424-2220
Justin Paperny here, and I want to start by wishing you all a Happy New Year!
Recently, I had the opportunity to sit down with my good friend and terrific criminal defense attorney, Peter Hardin, for an insightful conversation.
Summary:
In our podcast, Peter and I discussed the journey that led him from military service to a successful career as a criminal defense attorney. His diverse background has significantly shaped his approach to defending clients and his unique perspective as a defense attorney.
We explored the parallels between the discipline, commitment, courage, and character required in the military and criminal justice systems. Peter shared how these qualities are essential for individuals navigating a government investigation.
Transitioning from his military service, Peter joined the US Attorney's office, where he served as a federal prosecutor. This experience was a crucial chapter in his career, enhancing his understanding of the prosecution process and equipping him with valuable insights that now benefit his clients.
Peter emphasized the significance of having a background as a federal prosecutor when it comes to his current role as a defense attorney. Speaking the same legal language as federal prosecutors and fostering trust with counterparts, even when interests differ, are invaluable assets in advocating effectively for clients.
Peter urges defendants not to delay but to take immediate action when facing a sentencing hearing. Finding a responsive and dedicated defense attorney is paramount, as is developing a mitigation strategy early on. Peter stressed that procrastination can lead to missed opportunities for a better outcome, reinforcing the importance of taking early steps to build a robust defense or mitigation plan.
For the full details and insights, I encourage you to listen to our podcast.
Thank you,
Justin
Choosing the Right Legal Representation
Sometimes, the journey begins with selecting the right white collar defense attorney. This decision is pivotal and should be approached with diligence and informed questioning. Our team works with hundreds of defense attorneys nationwide, including professionals like Diane Bass, Benson Varghese, Alan Eisner, Mark Werksman, and others who have demonstrated proficiency in handling all types of white collar crime cases.
Before hiring a lawyer, consider asking the following questions:
Authentic Reviews: Do they have authentic reviews, and can you speak to their previous clients? Authentic feedback from former clients can provide valuable insights into an attorney's track record and reputation.
Free Initial Consultation: Is there an opportunity for a free initial consultation to gauge their approach? This consultation allows you to get a sense of the attorney's strategy and how they can assist with your specific case.
Local Expertise: What is their experience in the specific district, and are they familiar with the judge presiding over your case? Understanding the local legal landscape and the dynamics of your specific jurisdiction can be a significant advantage.
Sentencing Mitigation: How do they view sentencing mitigation, and what strategies have they successfully employed in the past? Mitigation is critical to a white-collar criminal defense, and you want an attorney who understands its importance.
Lead Lawyer: Who will be the lead lawyer on your team, and how are their services billed - hourly or as an inclusive package? Knowing who will be representing you is essential and how their fees are structured is essential.
These questions are essential in finding an experienced lawyer aligned with your specific needs and circumstances. If you have questions about how to hire a lawyer or have a specific inquiry, our team is here to assist you. Schedule a call here.
Becoming the STAR of Your Mitigation
In any legal battle, particularly those involving white-collar crimes, the defendant must become the 'STAR' of their mitigation. This means taking charge, showing the court why you deserve leniency, and working with lawyers who support this proactive stance. It's about painting a picture of yourself that goes beyond the confines of the courtroom.
Take the case of Kent Courteyn as an illustrative example. With a possible sentence exceeding 51 months, Kent chose to take an active role in his mitigation. He embraced responsibility and crafted a vision that convincingly demonstrated his commitment to never re-offend. His efforts included volunteering with a nonprofit that educates and inspires individuals in prisons and jails nationwide. Kent's dedication to his family, continued work to earn an income through sentencing, and commitment to health were all facets of his proactive approach. His review of our services encapsulates this journey:
"Government wants 57-71 months, sentenced to 15. 5-Stars, because I couldn't go higher. They are so much more than 'prison consultants.' They are more like disaster specialists, therapists, life-coaches, and friends all mixed together. Working with their team, I produced real, life-changing results during some of the most stressful times in my life..." - Kent Courteyn
Understanding Legal Jurisdictions and Public Defense
The legal system in the United States is multifaceted, with each state and federal jurisdiction having its own nuances. It's essential to understand these distinctions and ensure your legal representation is well-versed in the specific laws and procedures of the jurisdiction where your case is being heard.
Moreover, the role of public defenders cannot be overlooked. While they often handle extensive caseloads, many are incredibly effective advocates, deeply committed to social justice. Whether you opt for a public defender or private counsel, the key is to work closely with your attorney, providing them with all necessary information and context to build a robust defense.
Financial Considerations and Retainer Agreements
Retaining legal counsel is a significant financial decision. It's essential to understand the billing practices of your attorney, whether it's an hourly rate or a flat fee, and ensure that these align with your ability to pay. Also, be aware of the retainer agreements and the requirements for maintaining funds in the lawyer's trust account.
Conclusion
As we move forward in this series, we will dive deeper into the specifics of preparing for sentencing, understanding potential sanctions, and navigating life post-conviction. Remember, being active in your case empowers you to advocate for the best possible outcomes long after sentencing.
If you're navigating these complex waters and need guidance, don't hesitate to contact our team. Schedule a call with us today to discuss how we can assist you in finding the right representation and taking charge of your case.
Justin Paperny
In this podcast, I interview John Teakell, a seasoned attorney with a background as both a State and Federal prosecutor. Together, we cover essential insights and guidance for individuals dealing with government investigations.
As John and I discuss, when you find yourself entangled in trouble, taking a proactive approach becomes imperative. The legal process can appear daunting and unfamiliar, but with the right guidance and understanding, you can significantly improve your chances of securing a favorable outcome at sentencing and beyond.
John's extensive experience spanning two decades in the legal field, including stints as both a State and Federal prosecutor, uniquely positions him to offer pragmatic advice. Having witnessed the system from both sides of the aisle, he brings a wealth of knowledge to the table.
Now, let's dive into some of the key takeaways from our conversation:
Understanding Your Judge's Preferences: A pivotal aspect of your defense strategy lies in comprehending your federal judge's preferences. Different judges may have distinct inclinations when it comes to sentencing. For instance, some judges may favor succinct character reference letters, while others may appreciate a more extensive submission. These nuances can significantly influence how your case is perceived.
Non-Traditional Law Violations and Government-Created Crimes: Our discussion also ventures into the realm of non-traditional law violations and government-created crimes. In the Federal system, it's essential to recognize the diverse range of offenses that can lead to legal trouble. This includes white-collar drug trafficking, computer intrusions, firearms violations, IRS-related crimes, ATF cases, EPA violations, and SEC cases. Many of these offenses may not align with traditional fraud charges but can still carry severe consequences.
Taking Action and Getting Informed: Our overarching message to anyone confronting a government investigation or legal predicament is crystal clear: take action and become informed. Procrastination is not an option when your future is hanging in the balance.
If you are in trouble, reach out to a qualified attorney like John, who can provide invaluable guidance through the intricate and complex legal process. Additionally, our team at White Collar Advice stands ready to assist you with mitigation strategies, release planning, and addressing any questions you may have about the legal journey ahead.
Justin Paperny
818-424-2220
In my new video, I drew an analogy between the opening bank heist scene in the Batman film featuring Heath Ledger as the Joker and the experience of preparing for a federal sentencing hearing. This comparison is particularly apt for those facing charges related to Paycheck Protection Program (PPP) fraud, a focal point of federal prosecution in the aftermath of the pandemic.
The Joker's orchestrated bank robbery is a metaphor for the false sense of security that some federal defendants might feel as they approach sentencing. Like the criminals in the movie who each believe they will be the last man standing, some defendants assume their unique circumstances will grant them leniency. In the context of PPP fraud, this assumption can be perilously naïve.
In the video, I recount a conversation with a defendant from Los Angeles indicted for PPP fraud. This individual initially believed that the advice provided in our videos didn't apply to him—a sentiment that quickly changed when confronted with the reality of his situation. Our discussion made it clear that despite running a legitimate business and facing pandemic-induced pressures, his decision to falsify loan applications placed him squarely in the crosshairs of federal prosecutors.
This defendant's story is a cautionary tale for anyone involved in white-collar crime, especially PPP fraud. As I pointed out to him, the current climate in the white-collar crime world does not favor those charged with exploiting pandemic relief efforts. Federal prosecutors and judges are particularly stringent in these cases, often viewing defendants with more resources and education as more culpable, not less.
I emphasized the importance of understanding how a federal judge will view the actions leading to PPP fraud charges. It is not enough to feel remorse or to recognize wrongdoing internally. What is crucial is the ability to communicate this understanding effectively, to demonstrate genuine rehabilitation, and to develop a comprehensive release plan that shows a clear path to restitution and reform.
In the call, we tackled the uncomfortable truth that this defendant—and, by extension, others like him—may be perceived as worse in the eyes of the government due to the exploitation of a national crisis for personal gain. The conversation evolved into a strategic session on presenting oneself to a federal judge, highlighting the importance of crafting a personal narrative that acknowledges the crime, expresses genuine remorse, and outlines steps taken towards restitution and preventing future ethical lapses.
The defendant's initial resistance gave way to an acceptance of the gravity of his situation, leading him to engage with our team to change the narrative of his case. We met to discuss how he could better prepare for his upcoming sentencing, focusing on transparency, accountability, and the hard work necessary to mitigate his sentence successfully.
I conclude the video with an important message: federal judges are looking for evidence of change, not just words. It's about what defendants have done since the crime to make amends and ensure it won't happen again.
Anyone facing similar circumstances should contact our team. We have the expertise and experience to guide defendants through the complexities of federal sentencing for white-collar crimes like PPP fraud.
Best,
Justin Paperny
In this podcast, my friend and white-collar defense attorney, Benson Varghese, and I discuss the importance of early intervention in white-collar crime cases.
We cover key points such as selecting the right defense attorney in your jurisdiction, active involvement in the sentencing memorandum preparation, fostering open communication with your lawyer, staying informed about restitution and forfeiture, understanding cooperation's nuances, building a compelling personal narrative, active participation in the PSR process, managing expectations realistically, and the impact of proactive steps on your federal case's outcome.
Whether you seek legal counsel from Benson or mitigation services from my team at WhiteCollarAdvice.com, these steps can significantly influence your federal case's result and your future.
Thank you for watching.
Justin Paperny and Benson Varghese
Justin Paperny, co-founder of White Collar Advice. This podcast addresses the complexities of white-collar crimes like PPP loan fraud. Drawing from personal experiences and those of my co-founder, Michael Santos, we offer an insider's view on navigating government investigations and the legal system.
Key Focus Areas:
- The Importance of Self-Empowerment: Understand the intricacies of government investigations to partner effectively with your attorney.
- Learning from Experience: Benefit from the insights of those who've been through and documented similar challenges.
- Beyond The Federal Prison Sentence: Explore the extensive impact of white-collar crimes on personal and professional life.
- Our Story, Your Guide: Michael and I share our journeys through federal prison to guide you through similar ordeals.
- Knowledge as a Tool: Leverage our combined experiences to navigate complex situations like PPP loan fraud.
- Understanding the Legal Maze: Grasp the essentials of white-collar investigations and the expectations from all stakeholders.
- Strategic Approach to Justice: Learn to navigate the justice system strategically for better outcomes.
- Mitigating Sentencing: Strategies for partnering with defense attorneys and understanding sentencing mitigation.
If you're facing a white-collar investigation, schedule a call with us at White Collar Advice for tailored guidance. Remember, informed preparation is key to navigating these challenges successfully.
Justin Paperny
Discover the power of a positive mindset for federal prison preparation in our latest podcast episode. I dive into the insights from 'The Power of Positive Thinking' and how they can impact your journey through federal prison.
We discuss the importance of crafting a dynamic release plan and its role in your success during and after federal prison. Explore the significance of faith and self-confidence, and how they can provide stability in uncertain times.
Maintaining and nurturing relationships inside and outside federal prison is key, debunking the misconception of cutting ties. Learn how to turn challenges into opportunities, embrace proactive problem-solving, and prioritize self-care for your mental well-being.
In conclusion, 'The Power of Positive Thinking' offers a transformative framework for federal prison preparation. Focus on positivity, maintain relationships, and take action. Reach out to us for personalized guidance and support on your journey.
Contact our team at (818) 424-2220 for more information.
Justin Paperny
In our second book report in our release plan series, we will discuss "Philosophy: Who Needs It?" by Ayn Rand and explore how implementing the ideas in this book can play a vital role during your time in federal prison.
Federal prison is not merely a passive experience; it's an opportunity to act on ideas and principles that can shape your journey. Rand's insights in this book offer guidance for individuals facing this unique experience, emphasizing the importance of actively applying these philosophical concepts.
Rand's philosophy asserts that your chosen philosophy underpins your life, whether you consciously acknowledge it or not. For those preparing for federal prison, understanding this concept is pivotal. It means actively choosing a philosophy that empowers you to stay resilient, maintain clarity, and foster a constructive mindset throughout your incarceration.
Rand's advocacy for objectivism, a philosophy grounded in reality, reason, and individualism, is particularly relevant in this context. Implementing these ideas means embracing reality by acknowledging and accepting your situation as it is—a fundamental first step in effectively dealing with the challenges ahead. Reason, as Rand posits, should be your guiding principle for understanding and navigating your prison environment, making logical decisions based on long-term goals rather than being swayed by emotions or the prison subculture.
Implementing individualism, another key aspect of Rand's philosophy, encourages you to focus on personal growth and self-improvement actively. It means resisting the pressures of conformity often prevalent in federal prison and maintaining your identity and values, even in an environment that tests them.
Furthermore, Rand's critique of mysticism and irrationality becomes actionable in a prison setting. You must actively reject beliefs and practices lacking a rational basis, as they can lead to harmful decisions. Embracing a rational, objective view of the world is essential for making the most of your time in prison and preparing for a successful reintegration into society.
"Philosophy: Who Needs It" also emphasizes the importance of moral certainty and actively applying a clear moral code in a world where ethical boundaries can sometimes seem blurred. Implementing these principles actively guides your actions and decisions, ensuring they align with your long-term objectives and personal integrity.
By actively implementing and applying Rand's philosophical ideas, you can transform your prison experience into a period of significant personal growth and preparation for a more purposeful life post-release.
In summary, Ayn Rand's "Philosophy: Who Needs It" offers invaluable guidance for those preparing for federal prison, emphasizing the importance of actively implementing a solid philosophical foundation that promotes resilience, rational decision-making, and personal integrity throughout your time in federal prison.
Justin Paperny
Throughout my engagements with business schools and universities since returning from federal prison, I’ve encountered only rare interruptions from professors during my talks. Interestingly, it wasn’t discussions about my conviction or the ensuing consequences that prompted an interruption, but rather a mention of an author who deeply influenced me during my time in federal prison.
This incident occurred during a Q&A at a private school on the East Coast when I referenced Ayn Rand, known for works like “Atlas Shrugged” and “The Virtue of Selfishness.” My business partner, Michael Santos, advised me to not only read but to critically analyze books by writing reports—detailing why I read them, what I learned, and how they could aid me moving forward. This habit has stayed with me even after my release.
During the Q&A, as soon as I mentioned how Rand’s work, particularly “The Virtue of Selfishness,” influenced me, the professor interjected, which I found rather discourteous. My intention has always been to provide candid, unfiltered insights, and every academic host had previously concurred with this open approach.
The mention of Rand tends to evoke strong reactions, ranging from disdain to reverence. Her philosophy certainly shaped my perspective during and after prison, and I advocate for others in federal prison to undertake the same critical reading exercise. Presently, my book reports are crafted with our clients at White Collar Advice in mind, focusing on how each book might aid in preparing for federal prison.
In these reports, I emphasize the importance of understanding who your stakeholders are, whether it be your family, your case manager, or legal representatives. The aim is to gain more freedom and to demonstrate your productive use of time while incarcerated.
Rand’s concept of rational self-interest—often misunderstood as negative—emphasizes the importance of advocating for one’s own life and well-being. This approach is particularly valuable in the overwhelming environment of federal prison, where distractions and negative influences abound. Embracing rational self-interest encourages focusing on personal goals and using time productively.
A key lesson from Rand is the importance of personal responsibility. This was a challenging but essential realization for me, as I initially entered federal prison shifting blame for my circumstances. Recognizing my own role in my situation was a pivotal step in my rehabilitation.
Rand’s principles extend to forming relationships in prison that are mutually beneficial and avoiding detrimental ones. I formed one such positive relationship with Michael Santos, which has been enduring and valuable.
Independence and integrity are also central to Rand’s philosophy, empowering individuals to make decisions based on their values rather than succumbing to the prevailing prison culture.
To encapsulate, “The Virtue of Selfishness” offers a compelling perspective that can be instrumental in preparing for and thriving during a federal prison term. Embracing personal responsibility, integrity, and rational self-interest can lead to a more successful incarceration and a better life post-release.
This review is the first in a series of 14, where I will dive into various books that provide insights into personal development and preparation for federal prison. Upcoming reviews will cover titles ranging from “The Power of Positive Thinking” to “Atomic Habits,” each chosen for their potential to impact our clients’ journeys positively.
Questions? Call or text at 818-424-2220 or schedule a call.
Justin Paperny
In our fourth podcast on dealing with sentencing and government investigations, I want to talk about something super important yet easily overlooked: setting boundaries. Looking back, I see how setting simple rules about what I was okay talking about would've helped me and my family stay sane through the tough times. It's about telling folks what's off the table for discussion, so I could've kept my head up at social events instead of avoiding them.
Setting boundaries is about keeping the conversation from the one thing you're always thinking about--prison. It's about keeping your cool and not letting your legal troubles take over every chat you have.
It's about the courage to say, "Let's not talk about this right now." That's a power move, a way to take charge of your life. And trust me, it's a game-changer. Give us a call at 818-424-2220 with questions.
Justin Paperny
The Deceptive Calm Before the Storm When federal authorities arrive with a target letter or conduct a raid, many believe they have ample time to respond. This perception is misleading. At this point, the government is nearing the end of its investigation. It's a critical mistake to relax and wait to see what the authorities have; they are already several steps ahead.
The Power of Transparency and Honesty Mitigation is only effective when approached with transparency and honesty. For those unacquainted with government investigations, it's tempting to construct a narrative that feels safer or minimizes our conduct. However, the truth, even if partial to the government's perspective, can be a powerful ally. Yet, embracing this reality can be daunting, leading to initial resistance.
The Challenge of Self-Examination Many assert they will be honest, but lack the know-how or self-examination to articulate their story in a way that advances their interests. It's common for individuals to inadvertently present their actions as excuses or rationalizations, undermining their credibility with their legal counsel and government officials.
The Importance of a Correct Narrative It is not enough to claim honesty and transparency; one must engage in deep introspection. This may be a solitary endeavor, or you might seek guidance to craft a narrative that resonates with all stakeholders, including legal representatives.
Embracing a Path to Redemption I share my personal experience of embracing honesty, which played a pivotal role in mitigating my sentence and legal repercussions. True change began when I acknowledged the gravity of my situation and committed fully to rectifying it.
The Necessity of Difficult Conversations It is essential to have candid discussions with legal counsel and any advisory teams, such as ours at White Collar Advice. These conversations should encompass not only the factual aspects of your case but also your fears and uncertainties.
Courage Over Comfort Choosing transparency requires courage, a choice I neglected during my own legal battle, resulting in a harsher sentence. I encourage you to assess where you could embrace more transparency in both professional and personal spheres.
Accountability and Action Retaining advisors is only the first step; the real work lies in active participation in your defense strategy. As John Maxwell says, avoiding pain and discipline is a common desire, but embracing them is necessary for change.
Preparing for Sentencing as a Full-Time Job Self-examination should be a relentless endeavor. Every day should be filled with actions aimed at changing the government's narrative, holding your team accountable, and proving that you are more than your guilty plea.
In conclusion, never underestimate the urgency to begin preparing your defense. It is never too early to take action. Thank you for listening, and I look forward to guiding you through the rest of this podcast series.
Justin Paperny
"Courage isn’t having the strength to go on—it is going on when you don’t have strength.” —Napoleon Bonaparte
Welcome to the first episode of our series, where we explore the crucial role of courage and discipline during a government investigation. I'm Justin Paperny, your guide through this series, bringing insights from my personal experiences and those of historical figures who exemplified these virtues.
Reflecting on my own journey, I recall the period of my government investigation. Like many of you, I faced uncertainty and fear. I remember nights spent at In-N-Out Burger, trying to eat away the anxiety, followed by sleepless nights of online chess and chewing tobacco. My weight surged, and my self-respect plummeted. But the turning point came when I realized that succumbing to fear and inaction was not the path forward. Embracing courage and discipline was the only way to regain control of my life and narrative.
You might be feeling overwhelmed, wondering where to start or what to do next. But remember, courage is not the absence of fear; it's the mastery of it. Mark Twain said, “Courage is resistance to fear, mastery of fear, not absence of fear.” Your current situation is not unique; others have successfully navigated this path. The key is to act, to make the next right choice, and learn from those who've emerged stronger and more dignified from similar challenges.
Action and authenticity are your allies in this journey. It's about honesty with yourself, your family, and your legal team. It's about crafting a sentencing mitigation package reflecting your growth and potential for positive contributions. As Aristotle wisely stated, “You will never do anything in this world without courage. It is the greatest quality of the mind next to honor.”
Start by defining what success looks like for you. It's not just about aiming for a reduced sentence; it's about emerging from this ordeal as a better individual, someone your family can admire. This means setting clear, actionable goals. Whether it's getting in shape, as I did by running daily, or committing to a new career path that benefits others and yourself, it's about taking consistent, disciplined steps towards a well-defined vision of your future.
Don't let this government investigation define you. Define it yourself through your actions and decisions. Schedule a call with our team to start creating a mitigation package that will not only influence your judge but also prove to your loved ones, and more importantly to yourself, that you have the courage and discipline to navigate and conquer this challenge. Remember, listening is passive; success requires action.
In our next episode, we'll explore how transparency and honesty play a pivotal role in your journey through a government investigation.
As we close today's episode, let's reflect on the words of Winston S. Churchill: “Success is not final, failure is not fatal: it is the courage to continue that counts.”
Justin Paperny
When confronted with a federal indictment or target letter, the instinct may be to scour the internet for information on prison life (I sure did, and so did my family).
Yet, the real question should be: "What do I do now that I got this target letter?"
Hujo Mejia disagreed with the government's version of events after he got a target letter. Rather than complain, he took action and worked to change the narrative. In the end, the government asked for 57 months. He got 36 months and ultimately got home in just 10 months.
As I express in our latest podcast from our New York Times Series, Hugo didn't waste a moment; from the second he knew he was a target, he committed to changing the government's narrative.
The secret to his success? Well, there is no secret. He chose to do the work, introspect, and be courageous.
Don't just take my word for it—listen it our new podcast and learn how Hugo's choices led to an outcome that brought him home in a fraction of the expected time.
Best,
Justin
As a federal defendant, I learned the hard way that a proactive approach to managing an indictment and potential federal prison sentence is essential. Inspired by our feature in a New York Times article, this video series is designed to impart that lesson.
Many federal defendants, like myself in the past, rely on hope rather than action, which often leads to harsher federal prison sentences. This series aims to change that mindset.
The article profiles individuals like Hugo Mejia and Stanley Benton, who actively advocated for themselves. They discovered our services through interviews we conducted with Judges Bennett and Judge Bough on YouTube. These interactions with numerous judges have been enlightening and somewhat unsettling, revealing judges’ skepticism towards federal defendants.
After a lawyer presentation in Fort Worth, Texas, a few years ago, a telling interaction with a retired federal judge revealed this cynicism. The judge believed the defendants continued to lie and only showed remorse because they were caught. This emphasizes the importance of documenting and showcasing personal growth and reform to avoid harsh sentences:
Question: What have you done today to memorialize your growth, prioritize victims, and prove why you will never return to another courtroom as a defendant? Sentencing mitigation is challenging and does require an investment of time and money. I’ve encountered individuals skeptical of sentencing mitigation, thinking everyone is out to profit from their situation. While our team gets compensated for our work, we encourage individuals to undertake these efforts themselves if they’re capable.
Whether you hire our team or not, someone must complete the work. A common misconception among defendants is that hiring a lawyer eliminates the need for personal sentencing mitigation. This is a flawed approach (assuming you believe what judges have told us on YouTube). Effective sentencing mitigation requires both a strong lawyer and personal advocacy. The New York Times article and our services demonstrate the importance of being the protagonist in your own mitigation story: you must lead!
The New York Times article by Jack Hitt is a valuable resource, following clients like Hugo and Stanley through the entire process. It offers an unbiased perspective on the effectiveness of our approach. Despite the challenges, including facing public skepticism and navigating complex cases like cryptocurrency cases, the right approach to mitigation can lead to better outcomes, as proven and documented in this article that took more than 16 months to research and write.
In conclusion, the message is clear whether you work with our team or go it alone: immediate, proactive mitigation is very important.
Best,
Justin Paperny
Recently, an indicted salesman called me, unable to sleep due to the stress of his impending sentencing and federal prison time.
From our call, I learned he is looking at 37-41 months in federal prison. To prepare for sentencing and federal prison, I set several tasks for him to complete within a week. He said he was ready to “get to work”. After a week, however, he went dark!
After watching a recent video (about a month after he went dark), he called me and asked if we could meet for dinner in Studio City. I reluctantly agreed. While eating Sushi, he said he was finally ready to get to work to prepare for sentencing and federal prison. I tasked him with the same items but gave him 48 hours to complete them.
I am proud to report he finally accepted the challenge! I share the details in this podcast and video.
Thank you for watching.
Justin Paperny
In the final podcast, we focused on diligence and consistency, two principles I embraced in federal prison. Aristotle's wisdom reminded us that excellence is not a one-time act but a daily habit ( Ethics in Motion is based on this concept. You can get the free book here). I shared how these principles were instrumental in my journey, and I extend my thanks to you for reading this blog series!
In summary, this profoundly personal 5-part series draws from my experiences and Aristotle's wisdom to provide white-collar defendants like you with a comprehensive guide. We've emphasized the importance of daily actions, embracing change, having tough conversations, seeking knowledge, and maintaining diligence and consistency as key elements on your path to achieving shorter federal prison sentences, self-worth, and confidence.
In our fourth podcast, we stressed the importance of knowledge and understanding each phase of a government investigation. Inspired by Aristotle, we seek knowledge throughout each stage of an investigation to learn how to influence our sentence and life after sentencing. I shared how educating yourself empowers you to make informed decisions and why seeking expert guidance is a powerful strategy in navigating government investigations.
Get access to a daily mastermind with Michael Santos and our courses for just $1 dollar a day. All revenues support our advocacy work.
https://www.mitigationarccourses.com/memberships/WEEKLY-ACCESS-FROM-WHITE-COLLAR-ADVICE
Justin Paperny
Our third podcast in our Aristotle serives the significance of tough conversations. Aristotle’s wisdom emphasized that excellence involves addressing uncomfortable truths through open and honest conversation. I shared how engaging under challenging conversations can be a catalyst for getting closer to your desired goals (more liberty).
Justin Paperny
In this podcast, I address a challenging situation faced by a wife whose husband has been sentenced to 47 months in federal prison. While the federal prison sentence itself is a significant strain, the wife's primary concern and frustration stem from her husband's response to his circumstances. He is consumed by complaints and negativity, showing a lack of productivity and unwillingness to work towards a better outcome. This behavior not only affects their relationship, leading her to consider divorce but also poses a risk of setting a poor example for their children. Throughout the video, I explore the emotional and psychological impacts of this situation on the family, the dynamics of coping with a federal prison sentence within a marriage, the work he must do to overcome his challenges and the importance of setting the right example for his family.
Best, Justin
Our second podcast explores the concept of shaking the status quo. Aristotle's wisdom reminded us that excellence requires embracing change and challenging the norm. White-collar defendants are encouraged to break free from conventional thinking and take proactive steps in their government investigations.
Best,
Justin Paperny
We kick-start our first of five new podcasts about Aristotle with the realization that "Excellence is not an act but a habit." I know firsthand the importance of daily actions for white-collar defendants seeking shorter federal prison sentences and a renewed sense of self-worth. As Aristotle wrote, we explored the significance of taking small steps daily, educating yourself about sentencing mitigation and engaging in challenging conversations with advocates you hire, including your lawyers.
Justin Paperny
I want to emphasize the value of incorporating book reports into your release plan in today's podcast. You might encounter some who scoff at this idea, questioning if it's something meant for a younger audience. But let me be clear: the opinions of others, especially in prison, should be the least of your concerns. It's crucial to create your path and define success on your terms.
In our view, success involves reshaping your story. This transformation is only possible through documenting and demonstrating your growth throughout a government investigation.
The earlier you start, the better.
When it comes to your book reports, I suggest including specific details:
- State the title and author of the book.
- Explain why you chose to read this particular book.
- Note the date you completed the book.
- Reflect on what you learned from the book.
- Discuss how the insights gained from the book will aid your success after your release from prison.
In this time of prison reform, documenting your journey is more important than ever. This is vital for understanding how prison administrators assess the quality of a release plan.
Those who have accessed our subject-matter expert page might have seen interviews with professionals who have built careers in law enforcement. Every expert we've spoken to has stressed the significance of a well-considered release plan. They're looking for tangible proof of ongoing, positive efforts towards change. This shows a person's dedication to preparing for a successful reintegration into society. They want to see that individuals actively consider their risk factors or triggers that could lead to recidivism.
By sharing your learnings through book reports, you provide concrete evidence of your preparation to face the challenges that all individuals with a felony record will encounter.
Thank you,
Justin Paperny
Hello everyone, and thank you for being a part of our community. I am thrilled to read the first chapter of my new book, "Rebuilding 2.0: How to Reinvent Yourself After a Government Investigation."
In the chapters ahead, we will dive into the essence of true reinvention. The idea of reinventing oneself daily might sound daunting, but I know if I can do it, so can you!!
I will share insights on making amends, showcasing genuine change, managing one's online reputation, and the importance of patience coupled with persistence. We'll talk about overcoming the societal stigma of being a felon, the importance of work, and reflecting on the legacy we wish to leave behind.
Moreover, the book will jump into areas like avoiding common pitfalls, seeking solace in philosophy, constantly educating oneself, creating new bonds, and venturing into new careers. I also shared insights on dating after prison and the continuous nurturing required for a reinvented life.
Our book will also share client case studies; each chapter ends with reflections and questions.
Thank you, Justin P.S. I
f you would like a copy of the book, email Support@WhiteCollarAdvice.com. The book will be complete and ready for distribution by the end of the year.
Perfectionism is often deemed a virtue, but it can be a crippling adversary on the path to reinvention and progress. The fear of making a mistake or the obsession with presenting a flawless image can paralyze one's efforts. This chapter unravels the truth that progress outweighs perfection. It underscores the value of starting, regardless of imperfections, and the merits of learning through action.
To mitigate properly you must consider the perspective of your sentencing Judge. The more you understand your judge the more confident you will be in your sentencing mitigation.
Best,
Justin
In this podcast, I share details of a call with an accountant indicted for aiding a Payroll Protection Fraud scam. On our call, I asked questions like:
- How do the people who investigated your crime view you?
- With the evidence prosecutors have seen, what do they think about you as a human being?
- What thoughts do you victims have about me?
- How have your actions influenced the lives of others?
- In what ways have my actions influenced the community where I live?
- What steps can you take today to reconcile with society and make things right?
- What does the Judge think about your character as a human being with the information they have from prosecutors?
- What do others know about the influences that led to where you are?
- If others knew more about the influences in your life, how would they perceive you?
- Given your past decisions, what is the best possible outcome for my life in the months, years, and decades ahead?
As we explored these questions, we covered some of the stakeholders:
- A federal judge must decide on the possibility of a downward departure and mercy at sentencing.
- A prosecutor who is likely to oppose any pleas for leniency.
- A probation officer who may adopt the prosecutor's narrative.
- A defense attorney who will argue on your behalf at sentencing.
- Prison officials who are responsible for qualifying you for programs that might expedite your release.
- Halfway house officials who will determine your work-related freedoms.
- A separate probation officer will oversee your liberties during Supervised Release.
- A federal judge could be a deciding factor in any future relief.
- Prospective employers evaluate your work potential.
- Prospective creditors weighing the risk and benefit of doing business with you.
To learn more, listen to this podcast.
Best,
Justin Paperny
I stumbled upon “The Book of Charlie” during one of my Barnes & Noble visits with my daughter, Alyssa. We pop in two to three times a month. She has seen dozens of “Uncle Michael’s” books around my office, so she decided to start writing her first book. She is 12 pages into “Why Bob the Crocodile Needed Sunscreen.” While she’s busy writing about Bob’s adventures, I stumbled across The Book of Charlie.
The title immediately caught my attention. I resonated with the messages about Stoicism and was inspired by Charlie’s ability to overcome loss. Also, my dad is 82. Sometimes I struggle to find topics to discuss with him beyond the Dodgers and my kids. I wondered if this book could bridge that gap. So, while Alyssa read, wrote, and watched Youtube videos on my iPhone, I started reading The Book of Charlie: Wisdom from the Remarkable American Life of a 109-Year-Old Man.
What I Learned: More than anything, Charlie’s life reflected wisdom gained from pain and loss. The centerpiece of this wisdom for me was how he coped with the shocking death of his father.
The details of the accident were truly tragic: Charlie’s father fell nine stories to his death in an elevator mishap in 1914. The usual operator wasn’t there; a replacement made a fatal mistake. The event was brutal, but Charlie’s response was what impacted me.
Rather than questioning the injustice of losing his father, who was only 42, while history’s tyrants (Hitler, Stalin) lived on, Charlie chose acceptance. He recognized that he couldn’t change the past, so why obsess over it? He could control his actions, emotions, outlook, and grit. This mindset, encapsulated in those powerful lines on page 29, reminded me of conversations I had with Michael in prison, and they are lessons we strive to share with our community.
The idea of acceptance resonates with those in government investigations who long to change the past. Charlie’s self-reliance and ability to overcome struggle echo what Michael began teaching me in prison. I see parallels between Charlie’s journey and messages from Earning Freedom.
The book also became a bridge between my father and me. We found common ground in discussing Charlie’s experiences, like driving a car or flying for the first time. It even led me to discover my dad’s childhood passion for collecting pennies, a hobby he began at the age of 4 and still embraces today. I also learned about my dad’s love of sailing–he told me about the day he sold his sailboat so he could buy my mom an engagement ring. He was 28 years old.
The Book of Charlie offered more than just a historical glimpse into a century-old life. It reaffirmed timeless truths about resilience, acceptance, and the power of choice. Charlie’s wisdom has enriched my understanding of life’s challenges and helped me forge new connections with my dad.
Charlie died in 2014, a century after his father’s tragic death. His story, filled with resilience and gratitude, impacted me. It’s a constant reminder that some of life’s adversities are often beyond our control, but our response to them is firmly in our hands. It’s a lesson of empowerment, connection, and embracing life’s rollercoaster with the same spirit that Charlie did.
How The Book of Charlie Will Help Me Moving Forward: This book has become more than just a compelling read; it’s provided wisdom that echoes many lessons I’ve learned and continues to shape my path.
One significant aspect that resonates with me is focusing on what we can and cannot control. This message is important for justice-impacted individuals and a reminder of my experiences as a defendant. Those times when I sat in my house all day eating, chewing tobacco, and playing online chess only to ask myself, “Why me? How did I end up here?” I should have been learning from leaders, recognizing opportunities, and expressing gratitude for all that remained rather than obsessing over all I had lost. This book would have helped when the Feds showed up at my home on April 28, 2005. I would have been more prepared to respond to struggle.
Charlie’s life, his ability to see his father’s tragic death as an opportunity rather than a burden, speaks to anyone facing hardship or adversity. His mindset encourages us to act, grow, and learn from our experiences, a philosophy our team shares within our community.
Quotes like “Why do you cling to pain? There is nothing you can do about the wrongs of yesterday,” or as Epiceteus said, “Misfortune is the hard training that shapes our inner Olympians,” struck me.
I recall discussing adversity with Michael in prison, asking him how he managed to work so long every day for more than two decades. Some people in prison found him odd because he was always smiling and upbeat. I will admit it was hard for me to understand at first. Rather than complain about the work or sentence, Michael expressed gratitude, never complained, and stressed making the most of each day and living authentically. Michael’s words mirror Charlie’s philosophy, reinforcing the belief that “adversity can be a teacher rather than a trap.”
The book’s insights will remind me that, as Charlie wrote, “dark waves of depression will pass” and that adversity can lead to true freedom if we choose to grow from it. I am reminded of one of my favorite lines from the book, “By the time Charlie White graduated high school, he felt tested by adversity and seasoned by success.”
For me, The Book of Charlie is not just about a 109-year-old man’s incredible life. It’s a handbook for resilience, growth, and acceptance. Rather than asking, “Why me?” this book encourages me to see challenges as opportunities, aligning with the lessons Michael has taught me and reinforcing the importance of guiding others on a path of resilience.
Justin Paperny
Sam Bankman-Fried forgot the number one rule as a defendant: do not make matters worse.
Bankman-Fried, the founder of FTX, is headed to jail after a judge decided to take away his bail for alleged witness tampering. Since his arrest in December, he was out on a $250 million bail, but that all changed after his court appearance on Friday.
The judge's decision came after evidence that Bankman-Fried had been dealing with the press, including leaking private diary entries of his ex-girlfriend, Caroline Ellison, who will be a key witness for the prosecution.
Despite objections from the press and defense attorneys, who said he was just using his right to free speech, the judge sided with prosecutors. Bankman-Fried faces several fraud charges related to FTX, and his actions were seen by the prosecution as an attempt to scare away witnesses through the media. He will stay in jail until his criminal trial, set to begin on Oct. 2.
This podcast will cover the key details of the case, looking at what happened in court, what it means for Bankman-Fried, and what might come next in this high-profile legal fight.
Justin Paperny
In this podcast, we explore the profound analogy between life in federal prison and the timeless fable of the Tortoise and the Hare. Through personal experience, we reveal that thriving in federal prison requires a slow, steady, and deliberate approach, akin to the tortoise's strategy.
The keys to success are setting realistic goals, building a solid foundation through daily pursuits, and maintaining humble, consistent progress. We emphasize that rushing only leads to failure, while patience and persistence win the race. The Earning Freedom Skool community is introduced as a support network for those on this journey.
Join us to discover how these timeless lessons can guide and inspire anyone facing the challenges of prison life or seeking meaningful personal growth.
Click the link below to join our community:
https://www.skool.com/earningfreedom?invite=9d0aa0415bd942708d2a800c4422118a
Thank you,
Justin Paperny
I was invited to join Fox News today to discuss the case of Sam Bankman-Fried. It was an insightful conversation, focusing on the recent development where one of the charges against him was dropped, seen by me and others as a small win. I stressed, however, that this does not change the fact that he still faces the possibility of decades in federal prison due to other charges.
During the discussion, we highlighted the importance of Sam Bankman-Fried taking into account the perspectives of stakeholders, like the United States Attorney and being mindful of avoiding any actions that could lead to additional legal complications, such as witness tampering. Bankman-Friend appears to be heading down the Elizabeth Holmes path--blame, excuse and outsource work only a defendant can do.
Thanks for listening!
Justin Paperny
I'm Justin Paperny, and I wanted to express my gratitude for your interest in this book and podcast, Rebuilding Your Reputation After a White Collar Crime Conviction.
This guide and podcast series is about helping individuals who have gone through white-collar crime investigations navigate the challenging road to rebuilding reputations. I know this topic well. As you may know, I endured a government investigation in 2005. I surrendered to prison in 2008, was released from federal prison in 2009, and completed three years of supervision in 2012. To learn more, please read Lessons From Prison available at WhiteCollarAdvice.com.
Suffice it to say our team understands the emotional rollercoaster that comes with this experience, and that's why I've put together this resource to provide valuable specific guidance and expertise--this small book and podcast would have helped me when I saw the words, United States of America V Justin Paperny.
Throughout this series, we'll explore various aspects of the rebuilding process. We'll discuss the initial emotional journey, offer insights on navigating legal procedures, and emphasize the significance of transparent communication and taking responsibility.
Later chapters will focus on steps towards self-improvement and rebuilding both professional and personal relationships. We'll also explore the importance of engaging positively with your community as a vital part of this transformative journey.
To wrap it up, we'll share inspiring case studies of individuals who, just like you, successfully rebuilt their lives and reputations. We'll highlight the importance of continuous growth and learning.
Thank you again for your interest in Rebuilding Your Reputation After a White Collar Crime Conviction. Let's get started on this journey together.
Best,
Justin Paperny
Visit PrisonProfessorsTalent.com to learn more about how to memorialize your journey.
Best,
Justin
In this podcast, I explain why you should read Lessons From Prison, available for free at WhiteCollarAdvice.com.
In our latest podcast episode, we explore the parallels between the myth of Sisyphus and the daily struggles of life in federal prison. Just as Sisyphus endlessly pushes a boulder uphill, imprisoned individuals face a seemingly insurmountable system, navigating challenges and routines that mirror the myth's futile repetition. Monotony and a sense of hopelessness can prevail, but it's crucial to note that personal growth and transformation are possible. By providing support, resources, and opportunities for change, we can work towards a more compassionate criminal justice system that helps prisoners break free from the cycle and find meaningful paths to reintegration. Please tune in to our insightful podcast episode for a thought-provoking exploration of Sisyphus' myth and its profound connection to life in federal prison.
Justin Paperny
P.S. To overcome the monotony in prison, go to Prison Professors Talent now!
As federal prison consultants and former federal prisoners, our team has seen a lot of unexpected things. But one of the most bizarre phenomena I observed in federal prison was the emotional conflict many prisoners grapple with during our time there. Their strange relationship with time, the federal prison camp environment, and the anticipation of freedom is a strange paradox that is both intriguing and perplexing.
A common complaint among federal prisoners is boredom. For many, the days are too long, filled with the same routines, faces, and surroundings. It drives some mad-this partly explains why some prisoners prefer higher security prisons. As expressed routinely through our work, many prisoners lament the monotony, wishing the time away. They yearn for the day their sentence ends, dreaming about freedom after prison. I will admit I suffered from this yearning the most when I had about six weeks left to serve. I wasn’t productive at the end of my term.
In prison, I witnessed an interesting irony. Despite the constant complaints, as the end of their term nears, many prisoners reveal a surprising sentiment: they will miss certain aspects of federal prison life.
The commotion of the prison, little responsibility, and the simple routine that orders their days – these elements of prison life, once the cause of their frustration, become strangely comforting. In the stillness of their cubicle. They find a bizarre sense of tranquility they fear they might not find on the outside.
This paradox is not easy to comprehend. How can someone detest their current circumstances yet fear the freedom they desperately longed for? It's a testament to human beings' strange adaptability and proves prison is a warped, foreign world. The very environment they despised becomes an integral part of their identity, their routine, and their life.
At White Collar Advice, we advise clients to make the most of their time in prison. As I expressed in a recently filmed short video, the end is coming. Are you ready? It's essential to utilize this time for self-improvement, learning, and for personal growth. Yes, prison life can be hard, and, for some, it's monotonous, but it also provides an opportunity to reflect, to change, and to prepare for a better life post-prison.
The complexity of these emotions underscores the importance of preparing mentally for the prison experience. Understanding this paradox can help future prisoners brace themselves for the emotional roller coaster of incarceration.
In the end, federal prison is a world of its own, harboring its own strange realities. Too many prisoners waste away the days, yet when the end is near, some find themselves grappling with the impending change. It's a paradox I still struggle to understand, but it remains one of the most fascinating aspects of the prison experience.
If you or someone you know is facing the challenges of federal prison, don't face them alone. Our team at White Collar Advice is here to provide the guidance and support you need. We have the expertise and understanding to help you navigate the intricate maze of emotions and make the most of your time in federal prison. Call us at 949-378-5549 to get started.
Justin Paperny
Once lauded as the youngest self-made female billionaire, Elizabeth Holmes is serving a 135-month federal prison term. She also owes $452 million in restitution for her role in defrauding investors and patients. It is her lawyers' recent plea to the court, however, that has sparked renewed controversy and debate. Her lawyers requested that Judge Davilla exempt Holmes from making a $250 monthly restitution payment after she served her sentence. It is clear, to me at least, she is seeking to avoid taking any responsibility in prison for her actions.
This move by Holmes' lawyers is shocking, mainly because it signals a severe misunderstanding of the critical stakeholders and their perceptions of this or any white-collar crime case. These stakeholders include the Judge, her probation officer, her case manager, the victims of her deception, and the U.S. Attorney.
A Misunderstanding of Stakeholders: Rather than appealing to these stakeholders' interests, Holmes focuses more on herself. She overlooks that every decision she makes now will significantly influence her journey in prison, her earlier release, and her life after federal prison. This is especially pertinent considering the possibility of compassionate release under the First Step Act, which allows federal prisoners to request that their sentences be reduced for extraordinary and compelling reasons.
Disparity Between Spending and Paying: Holmes spent or still owes approximately $30 million in legal fees, yet she contests a modest $250 monthly payment. This sends an unfavorable message about her financial priorities and willingness to take any responsibility for her actions. While incarcerated, it's worth noting that Holmes likely receives substantial financial support. One can reasonably estimate that her family sends her at least $500 monthly for her commissary account. Yet, she objects to a restitution payment of half that amount.
How must her case manager in prison feel, knowing she spends a considerable amount to live comfortably in prison, yet opposes a reasonable payment towards her massive judgment?
Holmes' Lack of Perspective and The Consequences of Avoiding Responsibility in Prison: It's worth emphasizing that many individuals with fewer resources and no family support manage to make their restitution payments and do not complain. Many of these people were never billionaires and didn't have the resources to give tens of millions to lawyers. It's not just the payment size that matters; it's the principle. By refusing to pay even modest restitution, Holmes appears to avoid taking responsibility for the harm she caused. This sends an inappropriate message to those wronged by her actions and displays a distinct lack of empathy and understanding. The prisoners with whom she is serving time should be offended and disgusted. Furthermore, the irony should not be lost that the lawyers' bill for this court request exceeded the monthly restitution payment Holmes is contesting.
Forward-thinking and Strategy: Defendants need to be strategic and forward-thinking. Holmes's decision to contest this payment may well come back to haunt her, damaging her prospects and reputation even further. Holmes must understand that while she has the right to appeal and profess her innocence, she cannot ignore her responsibility. Her lack of awareness and forward-thinking, as demonstrated by this ill-considered request, only underscores her continued unwillingness to understand the perspective of all stakeholders. In conclusion, Holmes' lawyers made a grave error in asking Judge Davilla not to impose the $250 monthly restitution payment.
Thank you for watching and for joining our community.
Best, Justin Paperny
jp@whitecollaradvice.com - 818-424-2220 Visit https://www.whitecollaradvice.com to access our federal prison blogs https://www.youtube.com/user/FederalPrisonAdvice https://twitter.com/JustinPaperny https://www.facebook.com/whitecollaradvice/ Phone : - +1 818-424-2220
|
| This review below will help prove the power of getting the personal narrative to the probation officer and sentencing judge. |
| |
| Shaw just left a new 5-star review of whitecollaradvice.com: I was just sentenced today in Federal court. This nightmare started in April of 2022. I thought my life was over because I did not know my future. I was looking at three charges and between 24 and 36 months of prison, and that was the low end of the guidelines. I could not believe how and why that it happened but the facts were I did something wrong and the Federal Government was going to prosecute me. I watched youtube videos and Found White Collar advice, and I called Justin Paperny. We started to work right away, and it gave me hope that my outcome could be something that I could overcome. Brad Rouse was a great counselor who talked me into reality. He helped me write my pre-sentence narrative. I just knew this document would help me and it did. Just by going through everything with Brad it helped calm my mind and give me that hope that I so needed. It was a long year but staying in contact with Brad helped me survive it. I accepted a plea deal in March and my next big step was the Probation report. My lawyer was hesitant to give it to my Officer who was doing the report until he read it. He actually emailed her a copy a few days in advance so she would have it. When I met with my officer they were impressed that we were prepared. She had the report in hand and the interview went great. She even commented about how beneficial it was to have so much information to work with making her job easier. When my report came back my lawyer was really excited about how well the report was written showing the good in my life. He stated that the report had a lot of really good points that will help at sentencing. The PSIR report was a tool that helped me out at sentencing. I ended up getting 18 months of probation instead of prison time. Putting in the work that Justin s team told me to do worked. It gave me goals to accomplish and kept my hope alive. I do not wish this process upon anyone because it is hell and the only way out is to keep moving forward. |
|
As someone who's been to federal prison, I understand the challenges facing white-collar defendants. Like me, you've made a mistake (in my case, more than one) leading you to federal prison. I am writing this short blog post as a reminder: your family is watching.
I will repeat it: Your family is watching. How you navigate this period in your life will influence your journey and the lives of those who look up to you, depend on you, and learn from you. Your response to adversity will set an example that speaks volumes about your character and resilience.
So, the tip I will give you today is this: Set the Right Tone!
You can start by accepting responsibility. Acknowledgment is the first step toward making things right for you. This acceptance can help you gain clarity, make better decisions moving forward, and show your family that you're willing to face the consequences of your actions with integrity and dignity.
Embrace transparency. Open up to your loved ones. Be honest about your feelings, fears, and plans. This creates a level of trust that is invaluable during such turbulent times.
Finally, remain hopeful and persistent. This journey will be challenging; there's no doubt about it. But by fostering a positive mindset and staying tenacious, you can turn this adverse situation into a period of personal growth and learning.
Setting the right tone isn't about erasing the past but stepping into the future with purpose and determination. Remember, your actions in the coming days, weeks, and months will shape not just your narrative, but also the perception and experience of your loved ones.
Use this time wisely and purposefully. Set the right tone, and prosper.
Justin Paperny
As someone who has spent time inside, I can attest to the transformative power of solitude in federal prison camp. While many (most) view federal prison as a place of punishment and despair, it can also be an opportunity for growth and self-reflection. After all, most white-collar defendants will serve time in a minimum security camp--it is not a Russian Gulag or the prisons we see sensationalized on television or in the movies.
My experience in federal prison showed me one of the biggest challenges for many is the constant noise and chaos.
And I know we do not have much room to roam- we live within just feet of other prisoners. Trust me, I know from experience finding some peace can be challenging. The effort to find it, however, is worth it, so worth it! With the right plan finding solitude is possible.
Spending time alone is one of the most valuable things you can do in prison. When you are alone, you have the chance to think deeply about your life and your choices. After all, we are born a certain way, with certain tendencies; prison gives us the chance and time to discover who we are. There is no better time to reflect on your mistakes and consider how to learn from them.
It's important to note that solitude in federal prison camp differs from isolation. While isolation can be harmful, solitude is a powerful tool for personal growth. You are forced to confront your thoughts and emotions alone without the outside world's distractions. This can be uncomfortable at first (it wasn't for me, but it was for some good friends), but it can also be incredibly liberating.
In prison, there are SO many ways to find solitude. For example, you can spend time reading, writing, or meditating (I never meditated and do not plan to start!) in your cubicle. You can also take advantage of quiet spaces in the prison, such as the library, quiet room, toilet, or the chapel. One of my favorite places to find solitude was walking alone around that dusty dirt track. It was wonderful!
Another way to find solitude is to participate in activities that allow you to be alone with your thoughts.
For example, you can take up a hobby like drawing or painting or start a journal (game-changer for me!!) ) to document your experiences and reflect on your life.
Regardless of how you find solitude, the benefits are clear. When you give yourself the time and space to reflect, you can better understand yourself and your place in the world. You can identify patterns in your behavior and make changes to better align with your values and goals.
One of the most important things you can do in federal prison, if you did the crime, is to take take responsibility for your actions. Solitude can help you do this by giving you the space to examine your role in the events that led to your incarceration. When you take ownership of your mistakes, you can make meaningful changes in your life.
Moreover, solitude can help you develop a sense of inner strength and resilience. When you are alone with your thoughts, you learn to rely on yourself for comfort and support. This can be a powerful tool for coping with the challenges of prison life and the transition back to the outside world.
Of course, solitude is not a magic cure-all. It is just one of many tools you can use to improve your life in federal prison. It can, however, be a powerful force for positive change when used thoughtfully and intentionally. In conclusion, while federal prison life can be challenging, it can also be an opportunity for growth and self-reflection. By embracing solitude, you can better understand yourself and your place in the world. You can take ownership of your mistakes and make meaningful changes in your life. And ultimately, you can emerge from prison stronger, wiser, and more resilient than ever.
This podcast will help you understand the role of a witness in a government investigation.
Best,
Justin
As a former defendant I bring a unique perspective to Donald Trump's arraignment analysis. This podcast strives to provide insights into the processes involved, such as the arraignment process, pretrial supervision, and the potential consequences Donald Trump may face.
Understanding these aspects is crucial for anyone seeking a deeper understanding of the legal proceedings surrounding this high-profile case.
Analyzing Donald Trump's Arraignment:
The arraignment is a significant milestone in the criminal justice system and marks the formal beginning of the legal process for Donald Trump. During this court proceeding, several key events take place:
Reading of the Charges: The judge informs the defendant, in this case, Donald Trump, of the charges against them. This ensures that the defendant is fully aware of the accusations and can begin preparing their defense. I will never forget having my charges read out loud in court. The embarrassment was overwhelming.
Entering a Plea: Trump will be asked to enter a plea, which can be either guilty, not guilty, or, in some cases, no contest. Anyone with a brain knows he will be pleading not guilty.
Setting Bail or Detention: The court determines whether Trump will be released on bail or detained pending trial. Factors such as flight risk, potential danger to the community, and the seriousness of the charges influence this decision.
Case Management: The arraignment often serves as a platform for the court to manage and schedule subsequent proceedings.
Government's Collection of DNA: One noteworthy aspect of Trump's arraignment is the government's potential collection of his DNA. DNA usually involves a court-ordered sample, often through a non-invasive procedure such as a buccal swab.
Process of PreTrial Supervision: Given my experience as a former defendant, I understand the significance of pretrial supervision. Like any other individual under pretrial supervision, Trump would be required to adhere to specific conditions set by the court. Failure to comply with these conditions could lead to severe consequences, including remand to federal prison.
Common Conditions of Pretrial Release:
1: Do Not Commit A Crime: Trump must abstain from criminal activities while awaiting trial. Violating this condition could jeopardize his pretrial release status and impact any eventual sentencing. This is usually the biggest reason defendants get remanded to custody.
2: Restricted Travel Without Permission: Pretrial release conditions often restrict travel to ensure the defendant remains within the court's jurisdiction. Trump would likely need court approval for any travel plans during this period.
3: May Surrender Passport: In many cases, defendants must surrender their passports to restrict international travel. This condition ensures Trump's availability for trial and mitigates the risk of flight.
4: Prohibited Access to Some Websites: To prevent interference with legal proceedings or potential threats to public safety, pretrial release conditions may prohibit access to specific websites. Trump may face restrictions on his internet usage during this period.
5: No Drug or Alcohol Use: Trump may be required to abstain from drug and alcohol consumption to ensure his focus on the legal process and compliance with court orders. This should be easy since I have read he does drink or use drugs.
6: No Guns or Weapons: The court may prohibit Trump from possessing firearms during pretrial release to mitigate potential risks. If convicted, he will lose his second amendment right to bear arms.
7: Curfew: A curfew requirement may be imposed as a condition of pretrial release. Trump would have to adhere to specific hours, restricting his movement and helping monitor his activities.
8: Electronic Home Monitoring: The court may require Trump to use devices such as ankle bracelets for electronic home monitoring. This condition ensures compliance with release terms and provides an additional layer of supervision.
Credit for One Day In Federal Prison!
During the arraignment process, Trump will likely receive credit for one day of confinement. This credit acknowledges the time spent in custody during the arraignment process. Analyzing Donald Trump's arraignment requires understanding the processes involved, including pretrial supervision and potential consequences. As a former defendant, I hope this guide has provided valuable insights into these aspects. One can better navigate the complexities of this high-profile case by comprehending the significance of the arraignment, DNA collection, and pretrial release conditions.
Justin Paperny
Welcome to the White Collar Advice podcast, where we dive deep into white-collar crime and provide valuable insights to help you navigate the road ahead. Today's episode explores the critical importance of being proactive before sentencing.
Being proactive goes far beyond a superficial understanding of the charges you're facing. It requires a comprehensive approach to prepare you to tackle the challenges ahead.
To start, conducting thorough research is paramount. Dive into the elements of the offense, going beyond the surface-level knowledge obtained from reading the indictment or the criminal complaint. Gain a deep understanding of the charges, enabling you to build a strong defense strategy.
Consider the resources that prosecutors have at their disposal. Understand their tactics and anticipate their moves. By putting yourself in their shoes, you can better prepare for what lies ahead.
It's equally important to think about the individuals involved in your case and how they might respond. Consider their perspectives and motivations. This insight can help you strategize effectively and position yourself for the best possible outcome.
Assess the resources available to you and determine how to leverage them effectively. Whether it's assembling a competent legal team or gathering evidence, understanding your options is crucial for mounting a strong defense.
Moreover, please familiarize yourself with the sentencing guidelines and comprehend their implications. Understanding the potential consequences will enable you to make informed decisions and explore mitigation strategies that could influence the sentence and the time it takes to move past this crisis.
Lastly, reflect on how this experience will shape the rest of your life. While it may be challenging, it's essential to consider the long-term impact of your actions and plan accordingly.
Join us in this episode as we emphasize the importance of wisely utilizing the time before sentencing. Don't wait or stall—take proactive steps to empower yourself during this critical period.
Navigating A White Collar Crime Indictment: A Multi-Stakeholder Perspective
The criminal justice system is a complex web of stakeholders with unique perspectives and responsibilities. For those facing a white-collar crime indictment, understanding these roles can seem like learning a foreign language while simultaneously preparing for the fight of their life. This article and podcast aim to provide that crucial perspective from each stakeholder, including myself, a crisis manager.
A Federal Judge must serve justice impartially, ensuring due process for all parties involved. Genuine remorse and understanding the damage caused by white-collar crime (victims first, always) can be valuable in mitigation, especially if backed by tangible measures such as working to build a new record, paying restitution, or cooperation with the government. The goal here is justice and the deterrence of future crime.
A Prosecutor also seeks to hold defendants accountable, though many are not necessarily swayed by mitigation. The defendant's willingness to cooperate, provide valuable information, and pay restitution is more critical for them. Of course, cooperation is not a get-out-of-jail-free card, but it can certainly lead to a shorter federal prison sentence.
From a Defense Attorney's perspective, protecting the client's rights and interests is their job. Mitigation strategies may involve
- plea bargains,
- exploring legal technicalities,
- arguing for reduced charges or sentence, and if possible,
- using the client's information to assist in other investigations.
From the defendant's side, a White Collar Defendant facing indictment must understand the gravity of the situation. It's not just about expressing remorse but making genuine amends. Cooperation with authorities and willingness to share any valuable information they possess can be significant steps toward mitigation.
But the real work starts outside of the courtroom. As a Crisis Manager, my partner Michael Santos, who spent 26 years in prison, and I believe defendants must take the lead in sentencing mitigation. To prove that point, listen to interviews we have done with federal judges.
Too many defendants rely on their lawyers to do all the heavy lifting, but the truth is, that is not nearly enough. Lawyers are, after all, paid to say the best about their clients. The defendant's actions, sincere efforts to make amends, and dedication to change can make a real difference in the courtroom.
Successful mitigation requires the defendant to participate actively and do the work.
Do you know successful people who outsource all the work? Did Michael Jordan outsource the practice of his free throws, or did he do the work? Yes, he had guidance, but his drive and action ultimately led to his success.
Understanding these perspectives can provide valuable insight into the mitigation process. It is a path that requires dedication, commitment, and a willingness to make real, meaningful change. Facing a federal white-collar crime indictment is challenging, but with the right approach, it's a path that can be navigated more effectively.
Thank you,
Justin Paperny
Navigating Life After Federal Prison and Learning from Past Mistakes 1: Constant Comparison to Others: I fell into the trap of constantly comparing my progress with others, which engendered anxiety and discontentment. I learned from this experience that everyone's journey is distinct, and focusing on individual growth and progress is crucial. Instead of getting caught up in comparing myself to others, I prioritized my personal development and measured my success based on my goals and milestones.
2: Overlooking Small Victories: Being obsessed with achieving grand objectives, I often overlooked appreciating the smaller wins, which left me feeling perpetually unfulfilled. The lesson here is to celebrate every success, no matter how minor, and learn to appreciate the opportunities that come your way. By acknowledging and celebrating the small victories, I found a sense of fulfillment in the journey and became more motivated to keep moving forward.
3: Seeking Validation from Others: The need for external validation overshadowed my focus on providing value through my services. I learned to concentrate on delivering value to others without being swayed by their immediate perception of me. By shifting my focus to making a positive impact and providing value through my work, I regained control over my sense of worth and found fulfillment in the intrinsic value of what I was doing.
4: Trying to Revive Past Relationships: Upon my release, I was eager to reconnect with old acquaintances without realizing that some relationships had naturally reached their endpoint. The lesson I learned here is to foster meaningful relationships and release those that have run their course. By letting go of relationships that no longer served me, I created space for new connections that aligned with my values and supported my personal growth.
5: Lack of Fun! Being overly concentrated on my career, I had little fun, leading to burnout and dissatisfaction. I learned that balance is essential, and allocating time for relaxation and enjoyment is as crucial as working towards your goals. By incorporating fun and leisure into my routine, I became more productive, fulfilled, and able to sustain a healthy work-life balance.
6: Postponing Relationships Due to Financial Stability: I erroneously believed I needed financial stability before commencing a new relationship, which resulted in feelings of isolation. I learned that cultivating meaningful relationships is vital, regardless of economic status. I shifted my focus towards building connections based on trust, mutual respect, and shared experiences rather than financial considerations.
7: Undervaluing Myself: For a while, I believed that since I was a felon, I should be resigned to earn less. The lesson I learned from this misconception is that your past does not determine your value. It will help if you value your work and time appropriately, regardless of your background. By recognizing and appreciating my unique skills and experiences, I gained the confidence to negotiate for fair compensation and pursue opportunities aligned with my worth.
8: Trusting Others Too Easily: Unwavering trust in others without adequate vetting resulted in a professor's theft of my work. I learned to exercise caution and thorough due diligence when seeking assistance from others. By being more discerning and careful in whom I trust and collaborate, I can protect my work and ensure my efforts are recognized and respected.
9: Minimizing the Impact of My Federal Prison Time: One mistake I made was trivializing my one year in prison, assuming it was insignificant in the grand scheme of my life. Instead of recognizing its profound implications, I overlooked the lasting effects of my time behind bars. Upon release, I faced challenges and struggled to regain stability. This experience taught me the crucial lesson of never underestimating the gravity of time spent in federal prison. It is essential to confront and manage its profound implications on your life, as even a year in prison can have far-reaching effects that require careful attention and effort.
10: Overlooking the Persistent Effects of My Federal Prison Experience: Initially, I assumed I could resume life as if my federal prison experience was a closed chapter with no lingering consequences. Yet, I quickly discovered that the impact of my incarceration was far from over. Its effects permeated various aspects of my life, including personal relationships and self-perception. I realized that the sentence doesn't end upon release from prison but continues to significantly shape and influence one's life. This taught me the valuable lesson of acknowledging and addressing these persistent effects, seeking support, and taking proactive steps to navigate the challenges resulting from the prison experience.
In conclusion, the journey after prison is filled with challenges and lessons. It's a path of self-discovery, growth, and transformation. The errors I made and the lessons I learned during my first year after prison have shaped me into the person I am today. They have informed my work at White Collar Advice and allowed my team and me to serve better those navigating their post-prison journeys. It's crucial to remember that every experience, every mistake, and every victory is an opportunity for learning and growth. The journey doesn't end when you leave prison; it's just the beginning of a new chapter. It's about finding balance, valuing yourself, fostering meaningful relationships, and acknowledging the enduring effects of incarceration.
At White Collar Advice, we're here to guide you through this journey, providing the support and advice you need to navigate the complexities of life after federal prison. Remember, you're not alone in this journey, and with the right mindset and guidance, you can turn your post-prison life into a story of resilience, redemption, and success.
Justin Paperny
Recently, I spoke at USC about white-collar crime and its power to instantly dismantle lives, reputations, and livelihoods.
As I expressed to the business students, individuals must understand the value of early preparation to navigate the treacherous waters of a white-collar crime investigation and prosecution. In this article (a shorter summary of what I said at USC), we will explore why preparing in the early stages of a white-collar crime is not just advisable but essential--presuming the person wants the best outcome. After all, do you know who succeeds by stalling or waiting?
Unveiling the Government Investigation Process in a White Collar Crime Case: Understanding how government investigations into white-collar crimes typically begin is crucial. Government agencies such as the Federal Bureau of Investigation (FBI), the Securities and Exchange Commission (SEC), or the Department of Justice (DOJ) are tasked with probing or investigating potential wrongdoing. These investigations may commence through tips, audits, whistleblowers, or suspicious activities flagged by financial institutions (this leads to most money laundering investigations). The government possesses vast resources, sophisticated techniques, and legal authority to gather evidence against individuals suspected of white-collar crimes. As a result, being proactive from the outset is a good idea if you are a target.
Strategic Advantage: Early preparation allows individuals to create a strategy. Every decision and action taken can have far-reaching consequences when faced with a white-collar crime allegation. Moreover, early preparation allows individuals to gather critical information, mitigate, and develop a strong defense strategy tailored to their circumstances. In our experience, few defendants take the approach I describe above. Instead, they sit back, wait, stall, and just hope their lawyer has things "covered", whatever that means.
Building a Defense and Mitigating Potential Damages: Preparation in the early stages of a white-collar crime allegation enables individuals to build a mitigation strategy. White-collar crimes often involve complex financial transactions, voluminous documents, and intricate regulatory frameworks. Individuals can make informed decisions by engaging crisis managers, experienced attorneys, and other experts in the field. This proactive approach can significantly enhance the chances of obtaining a favorable outcome through sentencing and beyond.
Leveraging Mitigating Factors and Personal Rehabilitation: Early preparation empowers individuals to address mitigating factors and focus on personal rehabilitation (work, building a network). White-collar crime cases are often multifaceted, and individuals facing allegations may have the opportunity to demonstrate remorse, cooperation, or a commitment to rectifying any harm caused. By working closely with our team and your legal counsel, individuals can craft a compelling narrative that showcases their efforts to make amends, undergo rehabilitative measures, and prevent future transgressions. Early preparation allows for identifying and presenting these mitigating factors, potentially leading to reduced charges, lighter sentences, or alternative resolutions.
As I told the students at USC, the consequences of white-collar crime can be devastating, tarnishing not only one's professional reputation but also personal and financial well-being. Recognizing the urgency of early preparation is paramount in safeguarding one's future. By engaging legal counsel, preserving legal rights, building a robust defense, and addressing mitigating factors, individuals can navigate the intricate web of white-collar crime investigations with a stronger chance of securing a favorable outcome. Remember, in the face of such accusations, the proactive approach of early preparation is essential.
Justin Paperny
I answer questions about Elizabeth Holmes' recent surrender to Bryan Federal Prison Camp for 135 months in this live Fox News interview.
Questions include:
Why did people invest in Elizabeth Holmes's Theranos venture?
Description of Bryan Federal Prison Camp
How can Holmes find success during her sentence?
Estimating the length of her stay in federal prison.
Potential job opportunities for Holmes within the prison system.
Shedding light on visitation protocols.
Examining Holmes' daily routine as a prisoner.
Tips on avoiding problems and complications in prison life. and more!
Thank you for watching our continuing coverage of the Elizabeth Holmes saga.
Best,
Justin Paperny
Today is a big day for Elizabeth Holmes. She has experienced the ups and downs of public life—public acclaim, success, a government investigation, and now, the reality of surrendering to federal prison. As she prepares to serve 135 months, an underappreciated aspect or victory comes into play: she will start accruing credit for time served.
Navigating the intricacies of a white-collar crime investigation can be an all-consuming endeavor. Stress creeps into every nook of one's life. Yet, the unfairness lies in the time spent in this pre-prison does not count towards the sentence. The time before federal prison, I know from experience, can often be the most challenging part of the experience.
Holmes's entry into federal prison marks the beginning of a new chapter. With every tick of the clock, with every turn of the calendar page, she will move one step closer to regaining her freedom. Every day will be a small victory as she gets closer to home.
For the sake of her and her family, I hope she uses her time wisely.
Best,
Justin Paperny
P.S. Join our free webinar every Thursday at 10am Pacific / 1 pm Eastern to learn more about sentencing, prison, and probation. Get informed, stay empowered, and join us in redefining the narrative around the prison experience.
In this podcast episode titled "How To Sleep Well In Federal Prison," I share insights into the challenges of sleeping in a bright and noisy environment during my time in federal prison. Throughout my experience, I discovered strategies that significantly improved my sleep quality.
Here are key points to consider:
- Engage in Physical Activity: Regular physical exercise played a transformative role for me. Incorporating activities like running and weightlifting, even if I hadn't exercised for years, left me exhausted and enabled me to sleep through noise and distractions. Prioritizing physical activity in your daily routine is crucial for better sleep in federal prison.
- Establish a Consistent Routine: Following a consistent sleep schedule, including waking up early, helped me establish a reliable routine. Waking up early and going to bed at a constant time can assist in avoiding potential problems that often arise in the evenings, such as disturbances in common areas.
- Create a Sleep-Conducive Environment: Despite the limitations of the prison setting, you can make your immediate sleeping area as comfortable as possible. Consider using earplugs to minimize noise disturbances and an eye mask to block excessive light.
- Practice Relaxation Techniques: Some individuals I encountered while in federal prison found relaxation techniques helpful. You might explore deep breathing exercises or meditation to reduce stress and promote better sleep.
- Minimize Stimulants and Electronic Devices: Avoiding stimulants, especially caffeine, is crucial for improved sleep. I advise against consuming coffee and suggest replacing television viewing before bed with reading a book.
- Adjusting Well in Federal Prison: As you become more accustomed to the prison environment, there may be opportunities to request a transfer within the dormitory. Moving to quieter areas, such as the back of the dorm, can create a more conducive sleeping environment.
While these strategies cannot fully replicate the comfort of sleeping at home, they significantly contribute to a better sleep experience in federal prison.
Justin Paperny
Elizabeth Holmes, the once-prominent figure behind Theranos, is on the verge of surrendering to federal prison to serve a sentence of 135 months or just over 11 years. As her self-surrender to prison approaches, we understand that many questions and curiosities surround her impending prison experience.
In this podcast, I answer 25 of the most commonly asked questions I have received since covering this high-profile case.
Some of the questions I answer about her life in federal prison include: 1. What will the first day in federal prison be like for Holmes? 2. How will Elizabeth Holmes' prison experience differ from an average prisoner? 3. How long will she serve, and can she get parole? 4. What trouble exists, and what happens if she gets into trouble? 5. Why is she not enduring Diesel Therapy? 6. Why are you talking about alcohol or drug abuse? You are way off course. 7. Are notorious or high-profile inmates intentionally assigned unpleasant jobs? 8. Did she have kids as part of her plan to obtain leniency or stay out of prison? 9. Will Elizabeth Holmes be required to pay restitution in prison? 10. What opportunities for education or rehabilitation will be available to her? 11. How will she adjust to prison life's daily routines and restrictions? 12. What could she have done to get a shorter prison sentence? 13. What is one thing she would like to do over? 14. Will she have access to medical care and treatment while in prison? 15. How will her prison sentence affect her employment prospects or starting a new business? 16. How will her religious or spiritual needs be accommodated during her term? 17. Will she have access to electronic communication in federal prison? 18. How will her interactions with prison staff and inmates be regulated and monitored? 19. What recreational activities or hobbies will be available to her during her term? 20. Will she have any privacy or personal space in her living quarters? 21. Will she be assigned a cellmate, and how will the pairing process work? 22. and more!
I appreciate your engagement and the thought-provoking questions that have fueled this discussion over the last few years. At White Collar Advice, we value our community and look forward to providing further insights into cases like these. I am grateful to have this platform to help people navigate the complex world of white-collar crimes and their consequences.
Best, Justin Paperny
In this podcast, I emphasize the importance of family visits in federal prison based on my experience and what I have learned since my release from federal prison in 2009. I believe these visits are a valuable lifeline beyond mere connection, allowing prisoners to showcase their progress. I encourage fellow prisoners to set the right tone during these visits, and I suggest canceling them if you're unwilling to express gratitude.
Key Points:
- Recognizing Family Sacrifices: Acknowledging the financial, emotional, and scheduling sacrifices made by loved ones who visit is crucial. It's essential to focus on family and appreciate their efforts rather than solely on oneself.
- Time as a Precious Resource: Visiting time in federal prison is limited, usually occurring only on Fridays and Saturdays, and families may only be able to visit once or twice a month. Maximizing this valuable time by creating positive memories and strengthening relationships is essential.
- Emotional Support and Encouragement: Loved ones serve as a vital support system, providing love and encouragement. Expressing gratitude for their support during visits enhances the emotional connection and reassures them of one's commitment to personal growth.
- Understanding How Visits Impact the Family: Imprisonment affects the incarcerated individual and their families. Recognizing their hardships and expressing genuine appreciation lightens their burdens and strengthens family bonds.
In navigating the challenges of imprisonment, I emphasize setting the right tone during family visits. By expressing gratitude, using time wisely, and building positive connections, prisoners can foster stronger bonds with their families and alleviate some burdens.
Justin Paperny
The living conditions in a federal prison camp can vary, but they are generally less restrictive compared to higher-security facilities.
Here are some key aspects of the living conditions in federal prison camps: * Housing Living Conditions: Prisoners typically reside in dormitory-style housing units, which may have bunk beds and communal living spaces. * Movement: Prisoners have more freedom of movement within the camp compared to higher-security prisons. They can usually move around the facility during designated times. * Facilities: Federal prison camps may provide basic amenities such as shared bathrooms, common areas, and outdoor recreational spaces. * Work Assignments: Prisoners in federal prison camps are often required to work in various jobs, such as maintenance, food services, or vocational training programs. * Recreation: Campsoffer recreational activities like tennis, pickleball, soccer, softball, running, boche ball, handball, libraries and outdoor exercise space. Some prisons have weights. * Visitation in Federal Prison: Prisoners are generally allowed visits from approved family members and friends, following specific guidelines and schedules. Prisons allow visits on weekends and holidays. * Personal Belongings: Prisoners have limited personal belongings, and the items they can possess are bought in the commissary. Of course, the prison also gives belongings like boots, work pants, and a jacket. To see a commissary list click here. * Food and Healthcare: Federal prison camps provide meals and medical care to meet the basic needs of prisoners, although the quality and variety of food can vary. Many prisoners try to avoid the chow hall and cook with food purchased in the commissary. I had some of the best meals of my life from food purchased in the commissary--I did pay someone to cook it. I am no cook! * Communication: Prisoners may have access to limited communication options, such as phone calls, email, or postal mail, to stay in touch with their loved ones. Female prisons have video chat. * Security Measures: While federal prison camps have lower security levels, there are still security measures in place, such as perimeter fences, controlled entrances, and monitoring systems.
It's important to note that living conditions can differ between federal prison camps, and specific rules and regulations may vary. Prisoners are expected to adhere to the rules and guidelines set forth by the Bureau of Prisons to maintain a safe and orderly environment.
Read Lessons From Prison and join our weekly webinar on Thursdays at 10 AM Pacific / 1 PM Eastern to learn more.
Best,
Justin Paperny
Earlier today, a doctor from Los Angeles called me to share his regret about his poor preparations for his sentencing hearing after pleading guilty to one count of tampering with consumer products, a violation of Title 18, United States Code, Section 1365(a)(4).
Despite having addiction issues, voluntarily surrendering his medical license, and hiring excellent lawyers, he received an unexpected request from the United States Attorney for a sentence of 12 months and one day in federal prison.
This video highlights how United States Attorneys are pushing for federal prison time for doctors who tamper with medications, emphasizing the importance of holding medical personnel accountable for taking advantage of their unique position. The doctor’s case is a cautionary tale about the need for thorough sentence mitigation preparation, as assumptions like “I did not have bad intentions” may not lead to the desired outcome.
It is simple: Defendants must stress through their actions why they are worthy of leniency. The doctor who called me knows this. Still, he did not do it and felt this costly mistake would haunt him for years.
Justin Paperny
In this episode of the White Collar Advice podcast, I share my experience overcoming the challenges and stigma associated with a white-collar crime conviction. I discuss the benefits of adopting an "underdog" mindset and how it can help individuals in similar situations regain their confidence and rebuild their lives.
I highlight ten key benefits of living like an underdog:
- Resilience
- Resourcefulness:
- Empathy:
- Humility:
- Courage:
- Perseverance:
- Adaptability:
- Creativity:
- Gratitude:
- Authenticity:
To read the entire blog, click the link below:
https://www.whitecollaradvice.com/from-conviction-to-redemption-embracing-the-underdog-mindset-in-white-collar-crime-cases/
Best,
Justin Paperny
In this podcast, I interview my good friend and former CEO Ron Throgmartin. Ron opens up about his troubled upbringing in Indianapolis, getting adopted, getting involved in the cattle business, becoming the target of a white-collar crime investigation, and his process to retain White Collar Advice.
Ron discusses his regrets about not forcing his lawyer to negotiate a plea agreement and the process of going to trial and ultimately losing. Ron also talks about the example he wants to set for his children, his goals and plans in federal prison, and the value that followed his advocacy in preparing for sentencing. Despite the United States Government's request for a 14-year sentence, Ron's hard work and self-advocacy with his probation officer and judge led to a reduced sentence of six years in federal prison.
Ron surrendered to federal prison on May 2, 2023. I am pleased to report that Ron is doing well and building his release plan.
Thank you for watching our video.
Justin Paperny
R. Kelly, a Grammy-winning R&B singer, was sentenced to 30 years in federal prison after being found guilty of federal charges, including racketeering, sexual exploitation of a child, and bribery. Anyone with a brain can see Kelly failed to prepare for his sentencing hearing properly.
Why?
Like many defendants, R. Kelly let his lawyers do the talking. Specifically, his lawyers said Kelly “experienced a traumatic childhood involving severe, prolonged childhood sexual abuse, poverty, and violence.” Who is better equipped to share this message? Kelly, of course. Yet, due to the appeal, Kelly did not address Judge Donnelly because he felt it could impact his appeal and other cases.
On what earth does sharing details about a defendant’s life and background–including trauma–jeopardize an appeal?
By saying nothing, he was not in a position to influence the outcome. Instead, he relied on his high-priced lawyers to do all the work. It’s part of the reason Judge Connelly handed down such a harsher sentence.
Justin Paperny
Elizabeth Holmes, the founder of Theranos, was found guilty of fraud charges and sentenced to 135 months in federal prison. As of now, she is due to surrender to the Federal Prison Camp in Bryan Texas on April 27th 2023.
In this podcast, we'll be discussing the dos and don'ts for Elizabeth Holmes in federal prison. In prior videos in our series, I have covered her: First Day in Federal Prison Jobs in Federal Prison Life in Federal Prison And more!
Elizabeth Holmes certainly has a long journey ahead of her. Her initial goal should include not making matters worse. She can get on track and make the most of the federal prison experience by avoiding problems in federal prison. Problems include using others, not doing her prison job, informing on other prisoners, complaining, thinking she is better than others, and so on. The pitfalls are endless.
For the sake of her victims and family, I hope she uses her time in prison wisely.
Thank you for joining our community, Justin
Shortly before I was planning to run this morning, I received a call from an executive in Minneapolis, Minnesota. This executive encouraged me to share the extensive timeline from the White Collar Advice website.
I have been reluctant to share the timeline because it seems too self-promoting. This executive viewed it differently.
Specifically, he said the timeline was the primary reason he reached out to my colleague, Scott Laney, and me.
In this podcast, I go through the details of the timeline and offer insights into what you specifically should do for five minutes every single day in federal prison.
If you wish to review our timeline, click the link below:
https://www.whitecollaradvice.com/wca-timeline/
Thank you,
Justin Paperny
A victim of Jen Shah called me to discuss her life in prison. She expressed rage over the prison conditions and feels Jen is serving time in a "club fed." In sum, the punishment does not fit the crime.
I truly empathize with this person. She was kind, honest, and thoughtful. I could tell she had given a lot of thought to the meaning of justice and how it should be served.
While I will not mention her name, I am thankful she is letting me share details of our call in this podccast.
Best, Justin Paperny
As you likely know, Sam Bankman-Fried was one of the wealthiest people in crypto, primarily due to FTX and his Alameda Research trading firm. It all came crumbling down in the fall of 2022. The trial is set for October 2022.
In this podcast, I compare how his choices compare to Theranos Founder, Elizabeth Holmes, who was recently sentenced to more than 11 years in federal prison.
Thank you for joining our community.
Best, Justin Paperny
Jen Shah surrenders to the federal prison camp in Bryan Texas today for 6 1/2 years or 78 months.
When Jen reached out to our team, she expressed a number of goals or aspirations for her looming prison sentence, including creating a record that documents how she is responding to problems that she alone created.
From our first call, we were encouraged by her willingness to learn and do the work. That work included asking her to consider how the stakeholders (case manager, warden, Judge, probation officer, and future business partners) perceived her.
Only then could Jen create a realistic plan. Part of Jen's initial "homework", was learning from the various subject-matter experts we have interviewed through Prison Professors Non-Profit, including:
Leaders of US probation,
The Federal Bureau of Prisons,
US District Court Judges,
and Prosecuting attorneys.
Each subject-matter expert we interviewed expressed the importance of a release plan. They want to see a record that shows positive ongoing efforts for change, showing a person’s commitment to preparing for success upon release. Jen embraced the message and she invested the time to create a plan with clear goals and deliverables: the plan encourages people to track her progress and hold her accountable.
In this video, Jen and I discuss:
Her release plan and the process to create it with Michael Santos
Why it took one year for her to accept responsibility?
What are her plans in federal prison?
What are her plans after her release from federal prison?
What is her message to the doubters and skeptics? and more.
If you have questions about our work, please email JP@WhiteCollarAdvice.com or text/call 818-424-2220.
You can also visit www.WhiteCollarAdvice.com and www.PrisonProfessors.com to learn more. Thank you,
Justin Paperny Co-Founder, White Collar Advice Author of Lessons From Prison and Ethics in Motion
Our weekly Prison Professors nonprofit free webinar featured Jon Gustin, who recently retired as Administrator of the Residential Reentry Management Branch, overseeing all halfway houses and home confinement programs across the country.
During our one-hour webinar, Jon Gustin and I covered: * Who determines placement in the halfway house? * Can the warden approve a compassionate release? * Is it possible to bypass the halfway house and go straight to home confinement? * Who will access qualifications for placement in the halfway house? * Discussion on how earned time credits applies to people in the halfway house. * Does the first team meeting count as the first assessment towards earned time credits? * The value of a release plan before, during and after federal prison. * Why is the probation report so important? How to respond to staff in a respectful manner. * and more!
Our team is thankful to Jon for the time and expertise he continues to offer to Prison Professors' nonprofit organization. His work is vital in helping us convey the value of advocacy.
Prison Professors Non-Profit takes the following approach: 1. We create plans and processes to help justice-impacted people at every stage of the journey, 2. We hire executives who retired from the Bureau of Prisons to get expert guidance, 3. We hire formerly incarcerated people who help us communicate the importance of personal preparations, 4. We create training programs that give us access to federal prisons, 5. We use that access to advocate for positive changes, 6. We create data showing the value that comes with the expanded use of incentives, 7. and We publish that data to persuade stakeholders on the need for more opportunities for people to earn higher levels of liberty at the soonest possible time.
Thank you, Justin Paperny
10 DRASTIC THINGS To Do If You Are Going To FEDERAL PRISON
1: Tell everyone! 2: Stop Taking Any Shortcuts: I had this thirst for magical shortcuts and easy-to-follow formulas. 3: Very little value from our past, but to learn from it. But that is it. 4: Embrace your tendencies 5: Get in front of people: cold walk, cold call, speak to large groups. 6: Reverse Engineer: Look 10 years out 7: Don’t Beg: Some relationships just end 8: Welcome the ridicule, the embarrassment. 9: Embrace reality, do not take the bait 10: Put yourself in their shows and overdeliver
Thank you, Justin
Many people involved in government investigations regret the plea agreement they signed. In short, they do not feel the plea agreement is accurate.
How can we resolve this program?
I cannot guarantee that the problem can totally be resolved, but I know one way to improve it!
Before signing a plea agreement, make sure all stakeholders (defense lawyer, United States Attorney, Probation Officer, Judge) know all details of your life and the alleged offense.
How?
In our experience, it starts with introspection and self-examination. Only through introspection can you understand the details that led you to a government investigation. I didn't fully understand why I went to federal prison until I was in federal prison. Had I truly invested the time to introspect before signing my plea agreement, I think I would have had a better outcome. In fact, I got evidence of that when I spoke at The FBI Academy in March 2011 (perhaps I will share that story in another podcast or video).
Our team wants you to own your story, with all the good and bad, while you still have an opportunity to influence all stakeholders, including your white-collar defense attorney.
To help you develop your thoughts, I share three reasons I went to federal prison in this video.
After you watch this video, go write: 1: What pressures did you face in business?
2: How did you rationalize those choices?
3: What opportunities did you seize?
4: As of now, what part of the government's version do you agree AND do not agree with?
5: Ask your lawyer, "Can you describe to me what I did, as you see it?"
6: If you broke the law, why and what was the defining moment you knew you crossed the line? 7: What role did others have in your offense?
8: and hundreds more to ask and answer.
If you have questions, call or text 818-424-2220.
Thank you,
Justin Paperny
Several months into my federal prison sentence I had my first major "aha" moment.
Up until that moment I had spent my days in federal prison doing nothing else besides exercising. I wasn’t giving any real thought to the life I was hoping to leave once I left federal prison. I mistakenly presumed everything would work out, and opportunities would open.
Then, I began to study my environment, and I recognized how many of my fellow prisoners were wrought with anxiety as their release dates approached. I knew I would endure that same anxiety and pain if I didn’t begin to prepare properly.
This "aha" moment originated because I was foolishly showing off my athletic accomplishments in front of my now business partner, Michael Santos.
From there, Michael began to ask some questions, including "how much will people pay you to run fast or do pull-ups?"
Then he said, "on a scale of one to 10, with one being the lowest and 10 being the highest, how effectively are you truly preparing for the obstacles that await you on the other side."
That was my aha moment, and I pivoted. I do not want you to delay your sentencing or prison preparations.
Embrace your "aha" moment and take action!
Best,
Justin
A journalist was shocked when I told him, "Today was a good day for Todd and Julie Chrisley.
"Please explain," he said.
I explain my reasoning in this podcast.
Justin Paperny
"As part of our BOP leadership webinar series, we spoke with Jon Gustin, a former leader of the BOP halfway houses and reentry program.
During this interview I ask Jon the following questions (amongst others):
"Why is the release plan so important"
"Why should a defendant have a pre sentence plan?"
"How long does one stay in a halfway house? Can you have a phone and car ?"
"What if your post-release plans include RETIREMENT? No job needed, so also zero chance of recidivism. Is that frowned upon? Is that even allowed?"
"Can family members all ahead to a halfway house to check availability?"
"Just to clarify - do you HAVE to go to a halfway house FIRST before home confinement? Or have there been instances where you can go straight to home confinement and SKIP the halfway house?"
"When are you assigned your Probation Officer?"
"Are you still under the purview of the BOP on home confinement? Are there administrative remedies on home confinement? is Medicare reinstated on home confinement?"
"Have you heard any news or updates on why the release dates on BOP website are not changing. 1/10/2023 was supposed to be the last date for them to given every one their FSA credits and it’s still not applied. Please let me know if you have any new updates regarding this."
"If I am released to home confinement pursuant to CARES, will I be under the authority of the BOP or Probation while at home?"
"Would I serve the entire remainder of my sentence on HC or can I further reduce with ETC?"
"If I’m released on CARES, will I go to halfway house or directly home?"
I"f discretionary, what can I do to improve my chances of avoiding RRC?"
If RRC required and my business is run out of a home office, what do the logistics of that scenario look like?
"If I am allowed to run my business, must I be a W2 employee of the business?"
"Does time in the SHU also affect "good time" and "earned credits"?
Earlier this week the team at Nicki Swift asked me the following questions:
“Todd Chrisley is set to serve 12 years in FPC Pensacola, a minimum-security prison located in Pensacola, Florida, and his wife Julie will be serving her seven-year sentence at medium security facility FCI Marianna SCP, which has a minimum security satellite campus. Based on your knowledge, which Chrisley might have a harder time adjusting to their respective facility?
– Todd, Julie, and the rest of the Chrisley family have been vocal about keeping their family together through their incarceration. How can families remain close in their situation?
– Switching gears a little, another celebrity who has been in headlines recently for their legal woes is “Real Housewives” star Jen Shah. It’s been reported that Jen may be serving time at the same facility as Theranos CEO Elizabeth Holmes. Can you describe what meeting and socializing are like between inmates at a minimum security prison?
– In both the Chrisleys’ and Jen’s case, their reality TV careers have taken a hit as their sentences draw near. How, if at all, can incarcerated celebrities keep their stardom alive while serving prison time?”
I hope you find value in this podcast.
Thank you, Justin Paperny
White Collar Advice is proud to sponsor Prison Professors Non-Profit Organization. Part of Prison Professors' mission is to help all justice-impacted people work their way through government investigations and prison. To help accomplish that goal the nonprofit shares insights and knowledge from subject-matter experts.
To that end, Prison Professor's non-profit was fortunate to have Jon Gustin join our live webinar last Thursday, January 5th. Jon worked for the Bureau of Prison for 24 years. He spent the last 20 years of his career leading and overseeing community-based re-entry programs.
Below are a handful of the topics Jon and I covered together:
- Who determines placement in the halfway house?
- Who will access qualifications for placement in the halfway house?
- Transitioning from prison to the halfway house.
- The value of a release plan in the halfway house.
- How should a person respond if they run into trouble in the halfway house?
- Discussion on how earned time credits applies to people in the halfway house.
- What factors determine whether a person goes to the halfway house or home confinement?
- and more!
We hope you find value in this webinar.
Simply visit www.WhiteCollarAdvice.com to register for our free weekly webinars.
Thank you,
Justin
Regardless of what good Sam Bankman-Fried has done in the past, others will judge him for the criminal misconduct alleged in the complaint. In this podcast, I offer suggestions how Bankman-Friend should do as he prepares for trial or a guilty plea.
Justin Paperny
When authorities bring people into the criminal justice system, they frequently rip away the humanity of the accused. Regardless of what good the person has done in the past, others will judge that individual for the criminal misconduct alleged in the complaint. Unfortunately, people in that predicament lack a best-practice way of preparing.
To use a cliche, they resemble that deer-in-the-headlights pose.
When defendants don’t have previous experience with the system, they understandably feel shaken, afraid, and alone. Some defendants do not know where to turn for guidance.
All too often, they rely solely upon defense attorneys. And defense attorneys can be an outstanding resource. Yet think about the training of a defense attorney. What traits do they have?
- They are trained to assess evidence of the crime
- They are skilled at interpreting case law
- They know how to research statutes
- They will focus on undermining what authorities believe they can prove
- They will support arguments to get the best outcome for the defendant with precedent and law
Those are admirable skills, necessary to the practice of criminal defense. But those skills do not always make defense attorneys good listeners. They may not know much about the personal lives of the defendants they’re supposed to defend. Unfortunately, in the federal system, more than 90% of the people that face criminal charges also undergo a sentencing hearing
We’re happy for the small percentage of defendants that are able to move through the criminal justice system without a conviction. Yet for every defendant that prevails over criminal charges, nine defendants face a sentencing hearing. Our team is uniquely qualified to help those people help themselves. Obviously, we don’t have the time or bandwidth to interact personally with every person that reaches out to us. We’re only able to devote one-on-one time to our clients.
Yet we’re passionate about public service and helping the most people get the best results. For those people that do not have the resources to hire our team, we recommend a three-tiered approach to getting the best possible outcome.
Stakeholders: We have to start with an idea of our audience,
- Who are the stakeholders in the criminal justice system?
- What do they think?
- In what ways can we influence those people?
It doesn’t matter what stage in the criminal justice system a person is in, it’s crucial to consider the audience. For 90% of the criminal defendants that will face a sentencing hearing, those stakeholders include the following people:
- The prosecutor will persuade the judge to convict the defendant.
- The probation officer will prepare the presentence investigation report.
- The judge will assess the appropriate sentence.
- The defense attorney that will argue for the best outcome.
- The defendant will live with the outcome.
Consider each of those people and come up with a personal plan to influence them.
Stakeholders: Prosecutor, Probation Officer, Judge, Defense Attorney
- What do they know about you?
- What don’t they know about you?
- What do they think about your alleged crime?
- What could you do to influence their perception of you?
This exercise will give you a great basis to start your path toward helping yourself. And when you help yourself, you restore confidence. You get the ball moving in the right direction!
Are you ready to get started? Great!
The three-part strategy we create for each of our clients includes the following exercises, which we’ll describe in detail below:
- Personal Narrative
- Sentence Mitigation Video
- Character Reference Letters
Personal Narrative: Every defendant should work hard to prepare a personal narrative. That isn’t always easy. It’s hard to introspect, to think about your life, to write a document that will convey a life story, with the appropriate level of detail, in the appropriate length, covering the essential points. Yet a personal narrative can prove to be the most influential document for anyone facing a sentencing hearing. Why is that? If you review the answers that you provided in the above, you’ll know that the stakeholders don’t know much of anything about you.
The prosecutorial team will have invested thousands of hours to build an unflattering case of the defendant. It will focus on the crime and why the judge should impose a severe sentence.
The probation officer works for the judicial system. The probation officer’s primary task for a sentencing hearing is to help the judge know more about the defendant, and sentencing ranges, and to offer a recommendation. T
The Judge works with criminal defendants every day. Many judges come from a prosecutorial background. They know that every defendant wants the same thing: leniency. Think about how those experiences influence a judge’s perspective.
The defense attorney is focusing on evidence and case law and statutes. He may not know much about the individual as a human being. A defendant has more context. Only the defendant can help stakeholders understand his life as a whole. Defendants can help themselves by writing a personal narrative.
That written narrative should stay focused on the following goals:
-
Identify how the criminal offense victimized others.
-
Paint a picture of the influences that led to criminal misconduct.
-
Describe lessons learned from the experience.
-
Show steps taken to make things right.
-
Reveal a plan that will lead to a full reconciliation as a law-abiding, tax-paying citizen. By adhering to those five points, defendants advance prospects toward getting the best possible outcome.
Sentencing Video: A sentencing video is a next step for the defendant that really wants to make a personal investment in helping stakeholders get the big picture. You’ve heard the story about the picture that tells a thousand words. A video does thousand times more! Videos help in the courtroom because they bring aspects of the defendant’s day-to-day life that the judge would not otherwise see. A video helps the judge see what words alone cannot portray. All strategies in the sentence-mitigation plan should adhere to the same five goals we offered in the previous section on personal narratives. Although a skilled videographer can help enormously, in truth, a defendant who keeps the goals in mind can create a video with astounding power to influence. For those who must create the do-it-yourself video, it’s best to create a script. Think about the stakeholders. Then contemplate questions that each stakeholder will have. From those questions, derive a set of responses. Then create a script that you can follow along. Besides telling the defendant’s story, an effective video should bring other elements into the courtroom. Defendants should get video testimonials from people who would confirm positive influences. It’s important to show that although a defendant has been convicted of a crime, that person has still made positive contributions to society. Use video to show that story.
When creating a sentence-mitigation video, consider:
B-roll footage that will bring the story to life
Shooting locations that will give stakeholders a sense of where the defendant lives
Testimonials that others will provide about the defendant’s good character
Character Reference Letters: The final component of our three-part plan is the character-reference letter. Letters that others write about an individual go a long way toward counterbalancing the prosecutor’s statements. Contemplate people who know the most about you. Ask those people to offer specific details on the ways that you’ve contributed to their lives, personally. Character reference letters can have an enormously positive influence on the sentencing hearing. Helping those writers understand the salient points they should make, and the points that they should avoid is crucial to getting the outcome you want.
Seven points to consider on persuasive character-reference letters:
- The writer should be clear about his or her relationship to the defendant.
2: The writer should not make excuses for the defendant.
-
The writer should not complain about perceived unfairness in the system
-
The writer should not offer thoughts on an appropriate sentence.
-
The writer should emphasize that the defendant has accepted full responsibility for his crime.
-
The writer should write about how the defendant expressed thoughts for making things right.
-
The writer should offer at least one specific detail on how the defendant has made a positive contribution to his life or community. As with personal narratives and mitigation videos, character-reference letter campaigns should strive to help stakeholders get a better understanding of the defendant.
Proud to share the first chapter from our book, Prepare. To read chapter 1, click the link below:
https://www.whitecollaradvice.com/white-collar-criminal-investigation-chapter-1-prepare/
The New York Times featured our work in an article they call, "Want to Do Less Time? A Prison Consultant Might Be Able to Help." For a price, a new breed of fixer is teaching convicts how to reduce their sentence, get placed in a better facility — and make the most of their months behind bars. In this video, I read the entire article and offer additional insights.
To read the article, click the following link: https://prisonprofessors.com/web-brochure/
Thank you,
Justin Paperny
"Where is your release plan?"
A Schuykill Federal Prison Camp case manager posed this question to a former banker from Philly.
According to the banker’s wife, Angela, (who called me), the banker replied, "I do not understand what you mean. What is a release plan?"
During my call with Angela, I learned that her husband, the banker, was so certain that he would get probation, he did little to prepare for sentencing.
Instead, the banker received 18 months in prison.
Every month, an average of 800 people opt in through our website at White Collar Advice.
Generally, those people have two primary goals:
1: How to get the shortest prison sentence.
2: How to get out as quickly as possible if prison is part of their sanction.
In our experience, too many people make choices that send them further away from those goals.
For example, many defendants simply outsource the mitigation work to their lawyer. Yet,
Judge Bough told us he discounts part of the lawyer's message because lawyers are paid advisors. Judge Pearson said defendants should treat sentencing like a “full-time job” and it is the defendants responsibility to “express every fracture in their life that led to that courtroom.” Judge Boulware said, “The order of mitigation follows: 1: Defendant, 2: Lawyer, 3: Friends and family. Too many defendants get the order wrong.” Consider another story:
A healthcare professional called me in late August just after his probation interview. He read the New York Times article about our company. When we spoke, I learned he was expecting a sentence of no more than 12 months and one day in prison.
During our call, we discussed the Mitigation Arc. I suggested he write his personal narrative and send it to the probation officer.
He asked, "Why would I do that?"
I responded, "Well if defendants use their narrative to influence their sentencing judge why not use the narrative to try to influence the recommendation the probation officer will make? Further, Judge Bennett said he would be impressed if he read a probation report and noticed a defendant took the time to write the narrative so far before sentencing."
He said, "Wow, that makes sense to me."
I responded, "Me too, but don't just take my word for it. Listen to our website's interviews with federal judges and read the reviews from clients who leave their first and last name."
Three days later the healthcare professional called me again.
"My lawyer said the probation officer didn't ask for a narrative, so no need to send. Plus he is writing a memo that covers my background stuff. I also have a kickass 15 minute sentencing video made and like 30 letters. Also gambling expert wrote a letter about how I’ve changed and how much discipline I showed not betting on the last Superbowl. I am good man, but thanks.”
I responded, "Thanks for the update. If I thought it would help I would tell you how tragic your text truly is. But I won't. To the video, several sentencing Judges have told me 4-6 minutes is the ideal length for a sentencing video. In fact, at a conference in 2018 Judge Pearson said, "anything longer than 10 minutes is a problem. Defendants need to respect the court's time and the Judges calendar."
The healthcare professional called me again last week. He was distraught.
"'What happened?" I asked.
He answered, "Thirty months, thirty months, can you believe I got thirty months, thirty months, thirty months, probation officer asked for 18 months, the lawyer said I would never ever get more than a year and day. Can you believe it? Thirty months, thirty months, thirty months. Thirty months, can you believe it?
"I am sorry." I said.
The banker serving time at Schuykill Prison Camp who had never heard of a release plan and the healthcare executive who called me after getting thirty months have something in common: neither understood the perspective of a judge, probation officer, or case manager. They outsourced work only they, themselves, should have done. Despite the volumes of free content available on our website showing how the work can positively influence a person’s journey, neither did the work to learn it.
Our team cannot guarantee a narrative or release plan will get you the exact outcome you want. We can guarantee there is value in working to counteract the government’s version of events.
Our team shares the depth and breadth of what we’ve learned through decades of experience. We articulate what we have learned from subject-matter experts, including federal judges.
Experience convinces us that the power of the narrative document comes through a defendant’s expression of remorse, sharing personal background details, lessons learned, a commitment to a law-abiding life, and, most importantly, acknowledgment of the victims affected and a plan to make them whole.
If you have already been sentenced, there is value in immediately architecting your release plan. Get started before you surrender to prison. Then, when a case manager asks about your release plan, you are prepared to respond with confidence.
If you have an interest in learning more, join our webinar tomorrow where we will discuss your release plan.
Click this link to join live tomorrow at 10 AM Pacific / 1 PM Eastern
Best,
Justin Paperny
P.S.I RECEIVED PERMISSION TO SHARE THESE STORIES WITH HOPES OF HELPING DEFENDANTS BETTER PREPARE.
Sam Bankman-Fried from FTX has been arrested. Certainly, the decisions he makes in the coming months will have a huge influence on his eventual sentencing, federal prison term, and life after federal prison.
In this podcast, I offer insights into what he is going through right now and I offer suggestions on what he should do next as he manages this self-imposed crisis.
Justin Paperny
Earlier this week, Todd and Julie Chrisley were sentenced to lengthy federal prison sentences. Todd received a sentence of 12 years, while Julie received a sentence of seven years. Their convictions date back to June 2022 when they both were found guilty of tax evasion and bank fraud. Further, they submitted fraudulent documents to banks to take out loans that funded their excessive lifestyle.
Naturally, their lawyers are doing what lawyers are paid to do. Namely, their lawyer in Atlanta, Bruce Morris, is speaking about their strong appeal and how the trial was "marred by serious and repeated errors, including the government lying to jurors about what taxes the couple paid. Based on these issues, we are optimistic about the road ahead.”
As the legal process plays out Todd and Julie should begin preparing for federal prison. Our top 10 self-surrender checklist would help them (or anyone) going to federal prison.
• Step 1: Prepare to Document the Journey
• Step 2: Establish a Primary Point of Contact
• Step 3: Understand Financial Implications
• Step 4: Create Deliberate Reading Lists
• Step 5: Create Journaling and Writing Plan
• Step 6: Prepare Personal Belongings
• Step 7: Understand Medical Preparations
• Step 8: Develop Personal Communication Plan
• Step 9: Create Your Quadrant Guide for Decision Making
• Step 10: Engineer Your Release Plan
My friend, Lee Wallace, invited me to join her YouTube channel @HarvardLawyerLee, to discuss "What Happens Next" for the Chrisleys and their family.
Lee and I hope you find value in our video/podcast.
Thank you,
Justin Paperny
Immediately, after learning that Elizabeth Holmes was sentenced to 135 months in federal prison, I filmed a live stream on YouTube.
In the video, I cover several subjects, including her first day in federal prison, jobs, restitution, disciplinary infractions, how to stay productive in federal prison, and much more.
Thank you for listening.
Justin Paperny
Elizabeth Holmes turned in 130 character reference letters. Will they help her get a shorter federal prison sentence? I break it all down in this podcast.
Best,
Justin Paperny
received the following text message recently: "Justin, super bummed. I paid my white collar lawyer $200K for my plea hearing and sentencing. I just plead and was told (from my lawyer) that we drew the worst possible judge and there is really not a whole lot he can to do get a sentence below the sentencing guideline range. This is so devastating and I feel kind of taken because if it all hinges on the Judge I probably did not need to hire such an expensive lawyer??? I am trying to stay optimistic and hope my lawyer is just managing my expectations but still freaked out. My range is 41-51 months in prison and I want to do all I can to get a lower sentence but am now worried because it seems that nothing will matter anyways? Can you talk? I already scheduled call for tomorrow but wanted to send this text. Thanks" Okay, our team has heard this sort of message before. Thanks"
To help break it down, we will rely on our trusted friend and lawyer, Diane Bass.
In this video, I also offer some insights on what to do if you draw a tough Judge, as I did.
Thank you,
Justin Paperny
Our team hopes these two stories encourage you to truly prepare for your sentencing hearing and federal prison.
If you have been sentenced to federal prison, our team at White Collar Advice and Prison Professors urges you to prepare.
In this podcast, I speak with Sam Mangel, a partner on our team. Sam was sentenced to 60 months in prison--he served around 22 months.
Sam and I discuss: First Step Act and Earned Time Credits; the importance of avoiding disciplinary infractions; RDAP (residential drug abuse program) and more. We also discuss our subject matter experts and details of our post-sentencing program.
Please visit this page to learn from our subject matter experts:
https://prisonprofessors.com/subject-matter-experts/
Michael Santos, through Prison Professors non-profit, interviewed the following experts:
US Federal Probation: During this 1-hour interview, we speak with Chris Maloney, a former chief of US Probation. The link to our page offers timestamps of the video, with all the questions we ask.
Federal Bureau of Prisons: During this 45-minute interview, we speak with Hugh Hurwitz, a retired director of the Federal Bureau of Prisons. Hugh speaks with us about the First Step Act, which is the most significant piece of legislation in an entire generation.
Federal District Court Judge: We interviewed US District Court Judge Mark Bennett, asking questions about preparing before sentencing. The judge offered guidance that would help any person who anticipates the possibility of a sentencing hearing.
Federal District Court Judge: We interviewed US District Court Judge Stephen Bough to get more information that would help people before sentencing. Learn how to create mitigation strategies before being sentenced, and how to help your attorney argue for a better outcome at sentencing.
Halfway Houses and Home Confinement: We interviewed Jon Gustin as part of our leadership series with the Bureau of Prisons. Jon retired as Administrator of the Residential Reentry Management Branch, overseeing all halfway houses and home confinement programs across the country.
Retired BOP Warden Scott Finley To help justice-impacted people learn more about how to prepare for the journey through prison, we interviewed a retired warden from the Bureau of Prisons. Scott Finley built a career over three decades with the BOP. He discusses the importance of self-advocacy.
To learn more about our post-sentencing program, call Sam at 949-878-2127.
Thank you,
Justin Paperny
Recently, President Biden signed bills giving the Department of Justice more time to prosecute people accused of defrauding the government during the COVID-19 pandemic. For some background, our team at White Collar Advice has been guiding people involved in PPP (Paycheck Protection Program) fraud since late 2020.
Now, the investigations are really picking up. The new bills the President signed gives the government a 10-year statute of limitations for civil and criminal charges revolving around PPP fraud, bank fraud, and Covid-19 economic injury disaster loan fraud (EIDL).
To learn more about PPP and Covid Fraud Investigations, our team is privileged to interview our friend and white-collar defense attorney, Diane Bass. Diane has guided a number of people through government investigations related to payroll protection program fraud.
By the end of 2021, the government has identified more than 70,000 fraudulent PPP loans and a potential fraud amount of $4.6 billion. We know many people involved in PPP and Covid Fraud investigations did not have criminal intentions. Yet, circumstances happened and many are concerned about what to do next, how to mitigate, how to prepare for a federal sentencing hearing, and potentially federal prison.
Diane will help us break it all down. If you have questions and need a lawyer, please reach out to Diane. We cannot endorse her work enough.
Of course, our team is also here to help. Feel free to call 949-351-4650.
Best,
Justin
After Derek Chauvin was sentenced to 21 years in federal prison, I was asked to share my thoughts with Court TV.
In this podcast, I address a comment a retired federal public defender left after reading the article in the New York Magazine titled: Want to Do Less Time? A Prison Consultant Might Be Able to Help.
The specific comments follows:
"I am a retired federal public defender. The work done by these sentencing consultants is doubtless helpful when the criminal defense attorney is unfamiliar with federal sentencing and the variety of federal prisons available.
But, federal criminal accused should take care in selecting an attorney who actually has experience in federal criminal cases. An experienced attorney does everything these consultants do and at no extra cost.
Not only did I prepare my clients before they met the federal probation officer who wrote the pre-sentence report, I also, always, went with them to the appointment to keep them on track and out of dark waters. Not going with your client to the most important interview in his life is malpractice.
The advice to totally accept responsibility is correct, as is the advice to continue to be conspicuously productive at work or as a volunteer. It is imperative to have letters of support attached to the PSR, and as the attorney, I also assisted each supporter in framing a helpful letter to the judge. (Without guidance, some of these letters are harmful, eg,"I know my friend could never do this.")
Asking the court to request a particular prison is helpful, but the BOP doesn't have to follow the court's recommendation. As the attorney, I have actively worked the phones to the BOP to get good medical, psychiatric, educational or vocational training placements.
Finally, there are worthy books about fed. sentencing and BOP placement.
A subscriber asked how Elizabeth Holmes could only serve 18 months on a 60-month federal prison sentence. I break it down in this video and also encourage everyone to visit our subject matter expert page at prison professors.
Here is the link: https://prisonprofessors.com/subject-matter-experts/
Best, Justin Paperny
On June 7th, I received this email:
"
Hello! I'm the morning show producer for KFI AM 640 in Los Angeles. My host, Bill Handel, read an article about Justin Paperny and White Collar Advice in the NY Times and was fascinated by what your company does. I wanted to reach out and ask if it was possible to make arrangements for Bill to interview Justin for our show. Thank you!" I am pleased to share my interview with Bill. Justin Paperny
In this podcast, we learn from Jeff Piecka, a client preparing to surrender to federal prison for 34 months.
Shortly before his surrender, Jeff left the following review at https://www.trustpilot.com/review/whitecollaradvice.com
"First Class Team:
Sam Mangel, Mike Berlon, and Larry Hartman have been FABULOUS since I hired
this Team. I have had extensive conversations with Sam and Mike and their accessibility, honesty and credibility have been massive benefits for myself and my wife (Sam and Mike have offered their wives as resources for my wife multiple times and she is very thankful for it!!)
For a price, a new breed of fixer is teaching convicts how to reduce their sentence, get placed in a better facility — and make the most of their months behind bars.
To read the entire article in the New York Times click the link below:
https://www.nytimes.com/2022/06/07/magazine/prison-consultants-fixers.html
In this podcast with Scott Reisch from Crime Talk we discuss:
How to prepare for sentencing
Life in Federal Prison
How to work with lawyers
Life after prison
Learning to tell your story
and much more
We hope you enjoy our podcast!
Justin Paperny
Our team is proud to share this interview with Federal Judge, Mark Bennett. The lessons Judge Bennett shares are as relevant as ever. In this free-flowing, organic conservation Judge Bennett provides invaluable insights into what he has learned over the course of his 23-year career on the bench. n this interview, Michael asks Judge Bennett the following questions: 1: What have you learned from sentencing more than 4,000 people 2: What influence would the offender’s version of events have on Judge Bennett at sentencing? 3: What has Judge Bennett learned from other sentencing judges? 4: What has a greater influence—the defense attorney or defendant expressing remorse? 5: Should the individual begin crafting their interview before the pre-sentence interview (PSR)? 6: Do psychological reports have an influence at sentencing? 7: How important are character reference letters? 8: If a defendant owes restitution, should they start making payments before sentencing? 9: Is bringing family members to sentencing a good idea? 10: What has Judge Bennett learned from visiting people he sentenced in prison? 11: Can a positive adjustment in prison influence Judge Bennett at a resentencing? Thank you for listening! Justin Paperny
Based on what I've heard from a retired FBI Agent (and others), a criminal investigation is ninety-plus percent complete by the time law enforcement approaches or questions you.
Discovering you are under a criminal or civil investigation puts you under tremendous stress. You must immediately make key decisions, like going to trial or pleading guilty to the charges. The insights Mike Berlon and I provide in this video should help you make better choices about your case.
If you sign a plea agreement please know that is the first step in the process. In the video, Mike points out how important the steps between the plea agreement and the sentencing are to the defendant. There are significant legal documents required prior to the sentencing hearing.
The defendant will need to diligently work to ensure the Judge not only understands who you are but why you deserve leniency and mercy. For you to convincingly influence the Judge requires you to understand the perspective of the Judge and on what basis he will determine his judgment. Your judge will rely on several documents in making his determination.
A United States probation officer conducts an interview to prepare and draft a court document called the Pre-Sentencing Report. You must be prepared for this interview. The document, labeled the pre sentence report (PSR), outlines for the Judge your childhood history and the circumstances of your life. It provides a detailed record of your medical status and conditions both physical and mental.
Once you go to prison the PSR will become the sole document relied on by federal prison officials and administrators.
Additionally, both the Prosecutor and your criminal defense attorney will prepare an opposing Sentencing Memorandum. The Sentencing Memorandum lays out for the Judge each side's position on the length and duration of your federal prison term.
The Judge’s experience in the criminal justice system and his reliance on the PSR, the prosecutor’s Sentencing Memorandum, and victim impact statements provide him with a negative picture of you and your actions. Only by mitigating these perceptions can you have a meaningful effect on how you are perceived by the stakeholders who determine your fate.
Experience tells us finding a civil or criminal defense lawyer is easy--finding the right lawyer is another matter!
Mike Berlon and I want to help! In this video, Mike and I offer advice to people who need help in hiring the right lawyer, right now. Further, if you have already hired a civil or criminal lawyer, you will learn strategies to hold your lawyer accountable.
Throughout this video, you will hear Mike and I stress the importance of working openly and honestly with your lawyer—if you do not tell the truth, you are throwing money down the train and you’re setting yourself up for a bad outcome. Telling the truth requires introspection—if you are unable to look inward and fully understand the ramifications or the accusations laid out in a lawsuit or criminal indictment, ask for help.
Too many people spin lies and minimize their conduct—in time (sometimes years down the road) they come to see things differently and recognize their actions were wrong, and in some cases, criminal. By then, it is too late. Do-overs, as we know, do not exist. We cannot change the past.
In this podcast, Mike and I discuss the pros and cons of paying a lawyer an hourly fee versus a flat fee. Too many defendants hire lawyers they cannot afford. It is essential to understand how much they charge per hour, and if they are billing you hourly, you should get an idea of how much to budget. In some cases, a lawyer may be able to resolve a plea negotiation and guilty plea in less than 100 billable hours, preparing for trial in federal court would likely require several hundred billable hours. A flat fee may or may not serve your interest. Every case is different. On the plus side, a defendant that has a flat fee knows exactly how much to budget. On the negative side, a lawyer that receives a flat fee may be disinclined to devote much time to the case after he is paid.
Before hiring a lawyer ask about the types of cases he or she practiced. A lawyer specializing in defending tax cases may not be the best fit for a defendant facing criminal charges related to mail fraud that could result in the loss of liberty. To the extent possible, use contacts and referrals to ascertain the expertise, honesty, and competence of lawyers with regard to specific types of cases, in a specific jurisdiction.
When interviewing lawyers ask to speak to past clients (at least two) and check to see if they have had any issues with The State Bar. We also encourage you to review a few sentencing memorandums they have written.
Unfortunately, some lawyers suffer from the God Complex. According to Wikipedia, a god complex is “an unshakable belief characterized by consistently inflated feelings of personal ability, privilege, or infallibility.” When lawyers suffer from the God Complex it becomes difficult to have your opinions or feelings heard—they essentially steam role you into submission. The result is cowering and fears rather than a healthy collaboration or partnership.
Our team, including Mike and me, hope you find value in this video.
Justin Paperny
US District Judge Davila will sentence Elizabeth Holmes to federal prison on September 26th.
When Ms. Holmes surrenders to the minimum-security camp, she will go through an intake process, where administrators learn about her medical needs and background. She will surrender her clothing and personal belongings, submit to a full strip search, receive an initial clothing allowance, and bedroll and obtain a housing assignment.
Ms. Holmes will hear from others that the best approach to serving time is to forget about the world outside and focus on the time inside. Others will say she cannot control what is going on outside and too much thought about the outside world will only aggravate her. We advise a more leadership-driven approach.
The first night will be restless. She must adjust to the noise level of living in a room the size of an airplane hanger that she shares with hundreds of others. Officers walk through the unit several times during the night, shining flashlights in her face as she sleeps. It’s simply part of the journey.
The federal will come to life after the 5:00 am census clears. Early morning risers will get up and begin using the bathroom at that hour. People with experience of living inside will know that the bathroom becomes increasingly more crowded as the minutes pass between 5:00 am and 7:30 am. Beating the rush makes a lot of sense. Since Ms. Holmes is new to the environment she will benefit from having an understanding of what to expect from living conditions in prison.
There is a bathroom protocol that she must understand. With the total absence of privacy for people in prison, people will find that their peers accept them more easily if they make a commitment to adhere to the following basic unwritten rules of living in prison: Wait your return before showering.
Do not look at others when showering.
If a custom exists for people not to use some showers in order to offer an illusion of privacy in other showers, respect that custom.
Do not engage in conversations with others in the bathroom. Clean area after using shower, bathroom, or sink. After taking care of personal hygiene, she should clean the area around her bed.
Staff members will be finicky about tidiness in the housing unit. If Ms. Holmes makes her bed without wrinkles, keeps personal property inside the locker, and sweeps the area, she can proceed through the day without worries that staff members will reprimand her for untidiness.
As Ms. Holmes walks toward the outside of the unit, she will see a “call-out sheet.” People may think of the call-out sheet as an appointment book. Staff members will schedule people to participate in specific activities every day. People who fail to show up for the call-out appointment expose themselves to disciplinary infractions for being “out of bounds.” After Ms. Holmes checks the call-out in the morning, she will leave the housing unit for the chow hall. Those who’ve experienced the military will recognize the basic, institutional food.
The Admission and Orientation (A&O) session will be the start of Ms. Holmes initial adjustment. She will listen as a parade of staff members describe their role. She should not say anything during the A&O meeting that she would not want spread around the institution. Counselors will assign her a job that includes, food service, orderlies, education, maintenance or clerical.
Elizabeth Holmes will have access to the commissary, usually, one time each week. Administrators authorize prisoners to spend $360 a month. Within the first month of her confinement, she will meet with her unit team.
The Unit Team consists of the following staff members: Unit Manager (oversee programs), Case Manager (release date, transfers), Counselor (assigns jobs, bunks, visiting). Since Ms. Holmes will most likely have an outstanding financial obligation, her Counselor will present her with a Financial Responsibility Plan (FRP).
Once in prison, Ms. Holmes may meet with a representative from the Psychology Department for an initial screening and enroll in RDAP, which can take a year off her sentence. To close, when people fail to prepare for life in federal prison they feel as if they’re wandering through the days.
To the extent that she begins with a clear idea of the best possible outcome, the better she can reverse engineer a plan to succeed. She should consider the following questions useful in their preparation:
Why do I find myself in this predicament?
How can I pursue a deliberate course of action to ensure that when I move into the next phase of my life, I’ll advance the possibility for a full and meaningful, relevant life?
How am I defining success at each stage of the journey ahead?
If you are going through the criminal justice system, we encourage you to answer the same questions.
Best,
Justin Paperny
In this video with Dr. Phil, I discuss the four points or sentencing elements defendants must express in a probation interview and in their personal narrative to the Judge.
At White Collar Advice our experience convinces us that investing in an effective sentence-mitigation strategy makes all the sense in the world for individuals convicted in federal court.
After all, judges will rely upon the federal sentencing guidelines as a resource when determining an appropriate sentence. The range within those guidelines, in many cases, can be measured in years.
As I discuss with Dr. Phil, a sentence-mitigation package would go a long ways toward influencing the judge to perceive the individual as a fellow human being.
The guidelines endow the judge with discretion, and factors that may be relevant to an argument for a lower sentence may include:
• Mental state of mind
• Emotional condition
• Substance abuse
• Remorse
• Recompense
•Motivations
•Treatment
•Physical condition
•Physique
•Military service
•Financial circumstances
•Familial circumstances
•Community contributions
There is a history of case law that shows judges do in fact depart downward from guideline recommendation. In every one of those downward departures, someone has made a compelling, persuasive argument that the government vehemently opposed.
The Supreme Court has mandated that judges must consider all mitigating factors that are relevant to any purpose of sentencing. But if the defendant doesn’t raise those mitigating arguments, then the judge will not consider them. For that reason, our team members at White Collar Advice are adamant about working with clients to prepare the most effective sentencing-mitigation strategy as possible.
We encourage individuals who cannot work with White Collar Advice on an independent basis to invest themselves fully in their effort to make a persuasive case for leniency. They must provide their defense attorney with the necessary resources to argue forcefully.
We urge those who are serious about wanting to serve the least amount of time possible to invest the time, energy, and resources on creating the most effective sentence-mitigation strategy possible.
If you are going to federal prison, learn how to master each stage of your journey.
Here is a snippet from a blog I wrote at www.WhiteCollarAdvice.com:
Stage 1 of 3: As you move down the U in stage 1, you will embrace the odd reality of leaving your community behind. You will focus on all that you are missing: your family, your toilet, sex, privacy, and your freedom. You may also spend days, as I did, obsessing about how you ended up in federal prison. It can be hard to accomplish clearly defined goals in stage 1—more on that later.
Stage 2: In time, however, you will begin to slowly adjust and become more comfortable with imprisonment. Most prisoners in stage 2 fall into a routine of table games, TV, and exercise. Generally, prisoners reach stage 2 when they are halfway done with their prison term. In other words, if your sentence is 24 months, you’ll enter stage 2, or the bottom of the metaphorical U, at 12 months. Stage 3: Ascending the U! As you ascend the U in
Stage 3, your anxieties will return. This time, however, your anxieties don’t have to do with leaving society. Your anxieties exist because you will soon be returning to society. By stage 3 you will have mastered and been conditioned to imprisonment. Rather than worrying about only spending $360 a month in the commissary (stage 1) or enjoying your four-hour exercise sessions (stage 2), the thoughts of bills, dealing with a probation officer, and rebuilding your life take over.