White Collar Advice

Federal Judge Wasn't A Buyer


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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.

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Justin Paperny

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White Collar AdviceBy Justin Paperny

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