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Billionaire Prepares for Prison, Episode 2
Scott Tucker is well known for building the Payday Loan industry. In the previous episode, we learned how Scott started this industry from scratch. Through hard work and building great teams, he built his company into mega organization. It employed thousands of people. His business generated billions in annual revenues. He earned hundreds of millions of dollars every year.
Despite that success in business, Scott told us in episode 1 about his problems. He lost a case to the Federal Trade Commission. That case resulted in a judgment against him of more than $1 billion. Then a judge froze his assets.
Without financial assets, Scott didn't have resources to pay for his attorneys at trial. A jury convicted him of violating the Truth in Lending Act. Since his conviction, Scott has been on home confinement.
Living on home confinement has been a struggle for Scott. He spoke about the ways that he has been preparing for the journey ahead. He exercises relentlessly. Sometimes he rides his stationary bicycle for 60-mile durations. The commitment to fitness helps Scott deal with the stress of an upcoming sentencing hearing.
Scott told us that the federal government has asked that he serve a sentence of more than 100 years. The probation officer recommended that lengthy sentence because she said that Scott's business generated more than $6 billion in losses.
It's important to learn more about the criminal justice system. That's why we're grateful to Scott for sharing his story.
Billionaire Going to Prison
Scott Tucker Built the Payday Lending Industry. He started in this industry back in the mid 1990s. From scratch, he put a team together that resulted in his generating billions of dollars in revenues.
Despite his efforts to live as a legitimate businessman, the authorities went after Scott. He has been battled in courts for decades. But in 2016, decisions started to go against him. He found big financial troubles when the Federal Trade Commission levied a fine of more than $1 billion. The troubles didn't stop there.
In early 2017, the federal government indicted Scott for violating a series of federal crimes. Those crimes included fraud and violations of the truth in lending act.
As a result of his losing the judgment against the FTC, a judge froze all of Scott's assets. They even seized more than $30 million that he put in trust accounts to pay his legal fees.
Without financial resources, the court appointed a team of attorneys from the public defenders panel t represent him. After eight weeks of trial, a jury convicted Scott on all counts. The jury rendered its decision after deliberating for only a few hours.
As a result of the conviction, Scott faces decades in federal prison.
To learn more how we Prison Professors can help you if you're facing time, text PrisonPro to 44222. We can help!
Nicholas Mitsakos Prepares for Federal Prison
Authorities charged Nicholas Mitsakos with a crime related to securities fraud. He graduated from USC and he earned an MBA from Harvard. Despite those impressive credentials, he now must prepare to serve a 30-month sentence in federal prison.
In today's episode, Nicholas describes the dark feelings that accompanied his experience with the criminal justice system. For decades, he worked in the financial services industry with colleagues like Michael Milken.
Nick said that his lawyer did not prepare him for the challenges ahead. Instead, he had to do his own research that would help his search for information. Nick's lawyer recommended that he contact Justin Paperny. They began working on a strategy that would get him ready for the journey ahead.
On January 5, Nicholas must surrender to the federal prison camp in Sheridan, Oregon. While there, he will work to prepare for the successful life he wants to lead upon release. In today's podcast, we discuss strategies that empowered me through 26 years of imprisonment. Those same strategies can work for Nicholas, and anyone else who goes into the system.
Those who want information on how they can prepare for a successful journey through prison should text PrisonPro to 44222. Or they should continue listening to the Prison Professors podcast!
Please subscribe.
If you've been listening to the past four episodes, you know that we've been offering a series to help those who want to prepare for prison. Learn how to master it quickly by following the guidance we offered. The first episode in the series explained the process of going in. In the second episode, we offered insight on how to influence the right decision makers. In the third episode, we covered custody and classification. In our fourth episode in the series, we spoke about the importance of preparing. Today brings our fifth and final episode in the series. We continue the theme of preparing, but this time by emphasizing how a personal narrative can help. Instead of complaining, start writing the next chapter of your life.
According to the Department of Justice, grand juries or prosecutors bring charges against more than 80,000 people every year. Statements made from our current Attorney General, suggest that those numbers will rise during the Trump administration. Documentation published on the Department of Justice website lead us to this conclusion. For example, consider the Memorandum that Jeff Sessions published on May 10, 2017:
In the second paragraph, the Attorney General says:
"First, it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense."
The Memorandum goes on to rescind previous policy decisions that gave more discretion to prosecutors. As a result, prosecutors will bring charges against more people. In light of the Sessions Memorandum, we anticipate prosecutors will initiate more grand jury proceedings. Those proceedings will lead to more criminal indictments.
Prosecutors will also initiate charges through a process known as Rule 7 (b), a Criminal Information. With a Criminal Information, a person may waive indictment and simply agree to plead guilty to the charges a prosecutor brings.
Whether through an Indictment or a Criminal Information, at Prison Professors, we believe more people go to prison. That's why our team publishes so much free information to help. Subscribe to our Prison Professors podcast to learn while you drive, while you exercise, or whenever it suits you.
Each of my partners at Prison Professors knows a great deal about being charged. We also know the facts. According to easily verifiable statistics, prison follows for the vast majority of people who face charges in federal court. Yet a federal prison term doesn't necessarily mean the end of the road.
Staring down a lengthy prison term can bring a disheartening feeling, as if you're looking into an abyss. We've encountered many people who faced criminal charges. Many went to prison. Some of those people prospered in prison. Others fell into a deep hole. In segments that we published previously, we've given some initial insights about how to master prison quickly.
We could offer instructions for days. To break it down simply, we recommend adhering to the same principles to succeed or overcome any other challenge. There are specific steps, as follows:
Still, we recognize that it isn't easy. Statistics show that the vast majority of people face many struggles upon release. Others return to society and thrive. As examples, I frequently cite my partners.
Our team shows people how to succeed through prison and beyond.
Our personal experiences convince us that if we prepare early, we enhance prospects for success. We don't mean success on a marginal level. We mean success on multiple levels. Success is a mindset. The sooner we can adopt that mindset of success, the sooner we can advance prospects for success.
Surrendering to Prison:
When prosecutors choose to bring charges against a defendant, life changes. We never know when the time will come for us to surrender. For example, in Justin's case, prosecutors brought charges against him. Yet the judge did not order U.S. Marshals to take Justin into custody. Justin remained free on bond while his judicial proceedings played out. His judge allowed him to surrender to federal prison voluntarily several weeks after the sentence.
In my case, authorities took me into custody on the day of my arrest. I'll always remember that day. It was August 11, 1987. I was 23. I had never been to prison before. Yet the bad decisions I began making when I was 20 caught up with me. I faced a sentence of multiple decades in prison. I remained in custody until I concluded my sentence in a federal halfway house more than 26 years later, on August 12, 2013.
Take another case, like that of Paul Manafort. A federal grand jury charged Mr. Manafort with several charges, including conspiracy against the United States and money laundering. After he surrendered to face the charges, the court placed Manafort under "house arrest," which is a form of imprisonment. After a month on house arrest, he pledged assets that allowed him to go free on bond until the charges were resolved.
We never know when authorities will require a defendant to surrender to prison. Yet we know that the sooner a person establishes a deliberate course of action, the sooner a person can stop the free fall that derails peace for so many defendants.
In our previous episode, we encouraged people to define success. We encourage people to remember the pathway to overcome challenges. For some people, challenges define the rest of their lives. For others, the way that they responded to challenges defines the rest of their lives.
We ask defendants to make a decision. Will they allow prison to define them? Or will they make decisions that show they can overcome.
Personal Narrative:
One strategy that worked for us, and that we encourage for others, includes writing a personal narrative. Write that narrative at the soonest possible time. If possible, get that narrative into the presentence investigation report. Let me explain why.
When authorities allege that someone has committed a crime, that crime can have a tendency to consume the individual. Newspapers or media outlets may report the crime. A Google search will reveal that criminal charge. The statement from prosecutors or other authorities will begin to take on a life of their own. If an individual doesn't do something about it, that story will become an immutable part of his character. A personal narrative can help to counter those allegations.
We are all more than decisions we made at the worst moment of our lives. And the sooner we begin to write out our personal narrative, the sooner we can begin to write the next chapter.
I learned this lesson of writing new chapters at the very start of my journey. I was locked inside the Pierce County Jail back in 1987. Authorities arrested me for leading a group that trafficked in cocaine. When caught, the only thing I wanted was to get out of jail. As a result, I listened to every word my lawyer had to offer. He told me that there was a big difference between an indictment and a conviction. Anyone who knows how to research could find data that would undermine such a statement. When the federal government indicts someone, a conviction follows in more than nine out of every ten cases.
My lawyer told me what I wanted to hear rather than what I needed to hear.
After a jury convicted me, I realized that I made a horrific decision with my life.
I'll speak more about that transformation in future episodes. I've written a lot about it in the various books that we make available on PrisonProfessors.com.
But this series we're creating is about you, not us. Start with a question. Are you ready to make changes? If you've been targeted for a criminal prosecution in federal court, then decide how you want to emerge from the struggle of imprisonment.
In my case, transformation began with introspection. By thinking about my past, I could begin to connect the dots. Authorities locked me in prison because a jury convicted me of crimes related to selling cocaine. Introspection gave me a broader perspective. By reflecting on my past, I could see that I had begun to go astray long before the conviction. My life went off course long before authorities arrested me for selling cocaine. Decisions I made much earlier put me on a course for a bad outcome. No one could change that outcome but me.
I started to change that outcome with my personal narrative. I had to write out the person that I aspired to become.
Consider my partners. They have a similar story. I did not know Shon when he started serving his sentence. I know that he was young. He had longer than a decade to serve because he pleaded guilty to a series of armed bank robberies. Yet rather than allowing those armed bank robberies to define him, Shon began crafting a new narrative for his life. No one dismisses Shon because of his bank robbery conviction. He is a lawyer and he is a law professor. Shon wrote a new chapter for his life.
You can do the same.
Justin Paperny joined me inside the Taft Federal Prison Camp back in 2008. When we met, I had more than 20 years of prison behind me. Like many people coming into prison, Justin felt lost the day he surrendered. Justin had been a stockbroker and an asset manager. He defined himself by his degree from USC, his prior baseball career, and his profession as a financial-services professional. But authorities gave Justin a different narrative. He pleaded guilty of securities fraud. When he joined me in federal prison, he felt the weight of his past crushing his spirit. Justin didn't know what he would do with the rest of his life. I shared the same secret with him that I'm sharing with you. It's a secret that empowered me through each of the 9,500 days that I was locked in prison.
Justin had to write his narrative. He had to begin writing the next chapter of his life.
Justin didn't understand what I meant. We sat together each morning. I showed him how introspection could lead anyone through a difficult situation and into prosperity. It's a lesson that leaders have taught for thousands of years. Scholars attribute the following saying to Socrates:
The unexamined life is not worth living.
All lives are worth living. Yet I found enormous strength in the power of reflection. I showed Justin how lessons from Socrates and other philosophers empowered me through multiple decades in federal prison. He agreed that introspection could put him on a path to a better life, too. We worked together, side by side, to write his narrative. That commitment to writing resulted in his book Lessons From Prison. It launched an entirely new life for him.
Success Through Prison:
We encourage anyone who faces a prison journey to use this same recipe to prepare for success. Introspect. Then begin writing a narrative that will become the new chapter of your life.
Again, at Prison Professors, we do not ask anyone to do or say anything that we didn't do or that we're not doing. Shon's book reveals how much thought he put into his future. Justin's book shows what he learned through introspection. During the 26 years that I served, I wrote extensively. I published several books under my name. Besides writing my own books, I interviewed other prisoners. Then I worked side by side with them to help publish books about their life stories.
A magical process unfolds through these exercises in introspection and writing. We feel empowered. We begin to see the patterns that led to where we are today. By documenting our journeys, we can take control of our destiny. We can set our lives on a new course. This process can show the how and why of our lives. We are who we are today because of the decisions we made yesterday. And at any time, we can begin making new decisions that will redefine our lives. Personal narratives can start.
Those who choose not to write their own narratives should understand what transpires. Prosecutorial statements will have a longer life. From directives in Session's Memorandum, we know that prosecutors will bring the worst possible charges that they can prove. But we also know that there is much more to every individual's life. The question is whether an individual will write a narrative that begins to show the next chapter of life, or whether the individual will allow statements from prosecutors to influence the future.
At Prison Professors, we urge our clients to prepare personal narratives at the soonest possible time. Some defendants feel so disoriented from the criminal charge that they cannot muster the concentration to write their own narratives. We show them how the process worked for us. We introduce them to our courses on writing personal narratives. In many cases, we conduct the interview and write the narrative on their behalf.
The personal narrative can serve several purposes. By writing the personal narrative early, the defendant can provide stakeholders in the system with a different perspective. Some defense attorneys use those personal narratives as tools to influence the prosecutorial process. They may use the narrative to show why the individual may be worthy of lower charges.
Presentence Investigation Report:
Defendants can also use the personal narrative as a tool to influence the presentence investigation. After a defendant pleads guilty, or after a jury convicts a defendant, the next step will be for the defendant to meet with a probation officer. That probation officer will conduct an investigation that will culminate with a report known as the Presentence Investigation Report, or PSR.
During the investigation, the probation officer will ask the defendant whether he has anything to say about the offense. A good written narrative will show that the defendant has given a great deal of thought to why he is going to prison. That narrative can have an enormous influence on the journey ahead. Don't take our word for it. We encourage our clients to listen to what federal judges have said about the personal narrative. If a defendant succeeds in weaving his personal narrative into the PSR, he can influence his prison journey.
It's never too late and it's never too early to prepare for success. A person may write the personal narrative before surrendering to prison. Or a person may write the narrative once he or she is in prison. Either way, we're confident it will help. A personal narrative will clarify thoughts. It will lead a person to define a success. It will help the individual craft a plan. The personal narrative will help an individual establish priorities. And the personal narrative will motivate an individual to perform, or execute the plan.
Although a criminal indictment or conviction can feel like the end of the world, a personal narrative can set a person on a path to recalibration. It can lead to change. It can set a person on the pathway to success. That strategy of writing personal narratives worked for Shon Hopwood. It worked for Justin Paperny. And it worked for me.
We also encourage people to recognize that the process doesn't end with a sentencing hearing. The person will surrender to prison. Then, a series of authorities will judge the individual at different intervals. Those authorities will always look to the PSR—and the prosecutor's statements—when assessing the person. If an individual writes out his narrative, he can influence those eventual assessments.
That strategy of writing out a personal narrative had an enormous influence on my journey. If I had undergone the exercise of introspection, and writing a personal narrative early, I would have made different decisions. Better decisions would have meant that I would not have been sentenced to a term that required 26 years in prison.
But again, it's never too early and it's never too late to begin sowing new seeds. I wrote my narrative before surrendering to prison. Because of that narrative, I could influence the way that case managers in prison assessed me. I could influence where I would serve my sentence and what programs I could complete in prison. I could influence my level of liberty in prison, and I could influence when authorities would release me to a halfway house. Once I concluded my sentence, my personal narrative influenced the level of liberty I had on Supervised Release. It influenced the career I launched. And it persuaded authorities to advocate for my early termination of Supervised Release.
In conclusion, expect prosecutors to paint the worst possible picture of any defendant. As Jeff Sessions wrote in his Memorandum, they have a job of proving serious charges. Justice—in the eyes of many prosecutors—equates with convictions and long sentences. For defendants who want a better outcome, we encourage them to write personal narratives. We encourage them to use those personal narratives as blueprints. They lead to the next phase in the journey. They are essential to getting the outcome we want from a prison experience.
If you're an individual who wants to redefine his life, then start with a personal narrative. Do it soon. The sooner you start on a personal narrative, the more time you can invest to craft it well. Do not write the narrative to sell to readers. Rather, use your personal narrative to sell you.
In the chapters that follow, I'll describe how our team refined this strategy. We use those personal narratives to help us define success. We want all of our readers, viewers, and listeners to begin preparing for success. That is the essential lesson of Prison Professors. It's the essential lesson that will recalibrate your life, restore your confidence, and give you meaning.
But always remember, it's one thing to know the way to success. It's another thing to walk the way. Stay with us at Prison Professors to learn more.
If you’ve been listening to the past four episodes, you know that we’ve been offering a series to help those who want to prepare for prison. Learn how to master it quickly by following the guidance we offered. The first episode in the series explained the process of going in. In the second episode, we offered insight on how to influence the right decision makers. In the third episode, we covered custody and classification. In our fourth episode in the series, we spoke about the importance of preparing. Today brings our fifth and final episode in the series. We continue the theme of preparing, but this time by emphasizing how a personal narrative can help. Instead of complaining, start writing the next chapter of your life.
According to the Department of Justice, grand juries or prosecutors bring charges against more than 80,000 people every year. Statements made from our current Attorney General, suggest that those numbers will rise during the Trump administration. Documentation published on the Department of Justice website lead us to this conclusion. For example, consider the Memorandum that Jeff Sessions published on May 10, 2017:
In the second paragraph, the Attorney General says:
“First, it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense.”
The Memorandum goes on to rescind previous policy decisions that gave more discretion to prosecutors. As a result, prosecutors will bring charges against more people. In light of the Sessions Memorandum, we anticipate prosecutors will initiate more grand jury proceedings. Those proceedings will lead to more criminal indictments.
Prosecutors will also initiate charges through a process known as Rule 7 (b), a Criminal Information. With a Criminal Information, a person may waive indictment and simply agree to plead guilty to the charges a prosecutor brings.
Whether through an Indictment or a Criminal Information, at Prison Professors, we believe more people go to prison. That’s why our team publishes so much free information to help. Subscribe to our Prison Professors podcast to learn while you drive, while you exercise, or whenever it suits you.
Each of my partners at Prison Professors knows a great deal about being charged. We also know the facts. According to easily verifiable statistics, prison follows for the vast majority of people who face charges in federal court. Yet a federal prison term doesn’t necessarily mean the end of the road.
Staring down a lengthy prison term can bring a disheartening feeling, as if you’re looking into an abyss. We’ve encountered many people who faced criminal charges. Many went to prison. Some of those people prospered in prison. Others fell into a deep hole. In segments that we published previously, we’ve given some initial insights about how to master prison quickly.
We could offer instructions for days. To break it down simply, we recommend adhering to the same principles to succeed or overcome any other challenge. There are specific steps, as follows:
Still, we recognize that it isn’t easy. Statistics show that the vast majority of people face many struggles upon release. Others return to society and thrive. As examples, I frequently cite my partners.
Our team shows people how to succeed through prison and beyond.
Our personal experiences convince us that if we prepare early, we enhance prospects for success. We don’t mean success on a marginal level. We mean success on multiple levels. Success is a mindset. The sooner we can adopt that mindset of success, the sooner we can advance prospects for success.
Surrendering to Prison:
When prosecutors choose to bring charges against a defendant, life changes. We never know when the time will come for us to surrender. For example, in Justin’s case, prosecutors brought charges against him. Yet the judge did not order U.S. Marshals to take Justin into custody. Justin remained free on bond while his judicial proceedings played out. His judge allowed him to surrender to federal prison voluntarily several weeks after the sentence.
In my case, authorities took me into custody on the day of my arrest. I’ll always remember that day. It was August 11, 1987. I was 23. I had never been to prison before. Yet the bad decisions I began making when I was 20 caught up with me. I faced a sentence of multiple decades in prison. I remained in custody until I concluded my sentence in a federal halfway house more than 26 years later, on August 12, 2013.
Take another case, like that of Paul Manafort. A federal grand jury charged Mr. Manafort with several charges, including conspiracy against the United States and money laundering. After he surrendered to face the charges, the court placed Manafort under “house arrest,” which is a form of imprisonment. After a month on house arrest, he pledged assets that allowed him to go free on bond until the charges were resolved.
We never know when authorities will require a defendant to surrender to prison. Yet we know that the sooner a person establishes a deliberate course of action, the sooner a person can stop the free fall that derails peace for so many defendants.
In our previous episode, we encouraged people to define success. We encourage people to remember the pathway to overcome challenges. For some people, challenges define the rest of their lives. For others, the way that they responded to challenges defines the rest of their lives.
We ask defendants to make a decision. Will they allow prison to define them? Or will they make decisions that show they can overcome.
Personal Narrative:
One strategy that worked for us, and that we encourage for others, includes writing a personal narrative. Write that narrative at the soonest possible time. If possible, get that narrative into the presentence investigation report. Let me explain why.
When authorities allege that someone has committed a crime, that crime can have a tendency to consume the individual. Newspapers or media outlets may report the crime. A Google search will reveal that criminal charge. The statement from prosecutors or other authorities will begin to take on a life of their own. If an individual doesn’t do something about it, that story will become an immutable part of his character. A personal narrative can help to counter those allegations.
We are all more than decisions we made at the worst moment of our lives. And the sooner we begin to write out our personal narrative, the sooner we can begin to write the next chapter.
I learned this lesson of writing new chapters at the very start of my journey. I was locked inside the Pierce County Jail back in 1987. Authorities arrested me for leading a group that trafficked in cocaine. When caught, the only thing I wanted was to get out of jail. As a result, I listened to every word my lawyer had to offer. He told me that there was a big difference between an indictment and a conviction. Anyone who knows how to research could find data that would undermine such a statement. When the federal government indicts someone, a conviction follows in more than nine out of every ten cases.
My lawyer told me what I wanted to hear rather than what I needed to hear.
After a jury convicted me, I realized that I made a horrific decision with my life.
I’ll speak more about that transformation in future episodes. I’ve written a lot about it in the various books that we make available on PrisonProfessors.com.
But this series we’re creating is about you, not us. Start with a question. Are you ready to make changes? If you’ve been targeted for a criminal prosecution in federal court, then decide how you want to emerge from the struggle of imprisonment.
In my case, transformation began with introspection. By thinking about my past, I could begin to connect the dots. Authorities locked me in prison because a jury convicted me of crimes related to selling cocaine. Introspection gave me a broader perspective. By reflecting on my past, I could see that I had begun to go astray long before the conviction. My life went off course long before authorities arrested me for selling cocaine. Decisions I made much earlier put me on a course for a bad outcome. No one could change that outcome but me.
I started to change that outcome with my personal narrative. I had to write out the person that I aspired to become.
Consider my partners. They have a similar story. I did not know Shon when he started serving his sentence. I know that he was young. He had longer than a decade to serve because he pleaded guilty to a series of armed bank robberies. Yet rather than allowing those armed bank robberies to define him, Shon began crafting a new narrative for his life. No one dismisses Shon because of his bank robbery conviction. He is a lawyer and he is a law professor. Shon wrote a new chapter for his life.
You can do the same.
Justin Paperny joined me inside the Taft Federal Prison Camp back in 2008. When we met, I had more than 20 years of prison behind me. Like many people coming into prison, Justin felt lost the day he surrendered. Justin had been a stockbroker and an asset manager. He defined himself by his degree from USC, his prior baseball career, and his profession as a financial-services professional. But authorities gave Justin a different narrative. He pleaded guilty of securities fraud. When he joined me in federal prison, he felt the weight of his past crushing his spirit. Justin didn’t know what he would do with the rest of his life. I shared the same secret with him that I’m sharing with you. It’s a secret that empowered me through each of the 9,500 days that I was locked in prison.
Justin had to write his narrative. He had to begin writing the next chapter of his life.
Justin didn’t understand what I meant. We sat together each morning. I showed him how introspection could lead anyone through a difficult situation and into prosperity. It’s a lesson that leaders have taught for thousands of years. Scholars attribute the following saying to Socrates:
The unexamined life is not worth living.
All lives are worth living. Yet I found enormous strength in the power of reflection. I showed Justin how lessons from Socrates and other philosophers empowered me through multiple decades in federal prison. He agreed that introspection could put him on a path to a better life, too. We worked together, side by side, to write his narrative. That commitment to writing resulted in his book Lessons From Prison. It launched an entirely new life for him.
Success Through Prison:
We encourage anyone who faces a prison journey to use this same recipe to prepare for success. Introspect. Then begin writing a narrative that will become the new chapter of your life.
Again, at Prison Professors, we do not ask anyone to do or say anything that we didn’t do or that we’re not doing. Shon’s book reveals how much thought he put into his future. Justin’s book shows what he learned through introspection. During the 26 years that I served, I wrote extensively. I published several books under my name. Besides writing my own books, I interviewed other prisoners. Then I worked side by side with them to help publish books about their life stories.
A magical process unfolds through these exercises in introspection and writing. We feel empowered. We begin to see the patterns that led to where we are today. By documenting our journeys, we can take control of our destiny. We can set our lives on a new course. This process can show the how and why of our lives. We are who we are today because of the decisions we made yesterday. And at any time, we can begin making new decisions that will redefine our lives. Personal narratives can start.
Those who choose not to write their own narratives should understand what transpires. Prosecutorial statements will have a longer life. From directives in Session’s Memorandum, we know that prosecutors will bring the worst possible charges that they can prove. But we also know that there is much more to every individual’s life. The question is whether an individual will write a narrative that begins to show the next chapter of life, or whether the individual will allow statements from prosecutors to influence the future.
At Prison Professors, we urge our clients to prepare personal narratives at the soonest possible time. Some defendants feel so disoriented from the criminal charge that they cannot muster the concentration to write their own narratives. We show them how the process worked for us. We introduce them to our courses on writing personal narratives. In many cases, we conduct the interview and write the narrative on their behalf.
The personal narrative can serve several purposes. By writing the personal narrative early, the defendant can provide stakeholders in the system with a different perspective. Some defense attorneys use those personal narratives as tools to influence the prosecutorial process. They may use the narrative to show why the individual may be worthy of lower charges.
Presentence Investigation Report:
Defendants can also use the personal narrative as a tool to influence the presentence investigation. After a defendant pleads guilty, or after a jury convicts a defendant, the next step will be for the defendant to meet with a probation officer. That probation officer will conduct an investigation that will culminate with a report known as the Presentence Investigation Report, or PSR.
During the investigation, the probation officer will ask the defendant whether he has anything to say about the offense. A good written narrative will show that the defendant has given a great deal of thought to why he is going to prison. That narrative can have an enormous influence on the journey ahead. Don’t take our word for it. We encourage our clients to listen to what federal judges have said about the personal narrative. If a defendant succeeds in weaving his personal narrative into the PSR, he can influence his prison journey.
It’s never too late and it’s never too early to prepare for success. A person may write the personal narrative before surrendering to prison. Or a person may write the narrative once he or she is in prison. Either way, we’re confident it will help. A personal narrative will clarify thoughts. It will lead a person to define a success. It will help the individual craft a plan. The personal narrative will help an individual establish priorities. And the personal narrative will motivate an individual to perform, or execute the plan.
Although a criminal indictment or conviction can feel like the end of the world, a personal narrative can set a person on a path to recalibration. It can lead to change. It can set a person on the pathway to success. That strategy of writing personal narratives worked for Shon Hopwood. It worked for Justin Paperny. And it worked for me.
We also encourage people to recognize that the process doesn’t end with a sentencing hearing. The person will surrender to prison. Then, a series of authorities will judge the individual at different intervals. Those authorities will always look to the PSR—and the prosecutor’s statements—when assessing the person. If an individual writes out his narrative, he can influence those eventual assessments.
That strategy of writing out a personal narrative had an enormous influence on my journey. If I had undergone the exercise of introspection, and writing a personal narrative early, I would have made different decisions. Better decisions would have meant that I would not have been sentenced to a term that required 26 years in prison.
But again, it’s never too early and it’s never too late to begin sowing new seeds. I wrote my narrative before surrendering to prison. Because of that narrative, I could influence the way that case managers in prison assessed me. I could influence where I would serve my sentence and what programs I could complete in prison. I could influence my level of liberty in prison, and I could influence when authorities would release me to a halfway house. Once I concluded my sentence, my personal narrative influenced the level of liberty I had on Supervised Release. It influenced the career I launched. And it persuaded authorities to advocate for my early termination of Supervised Release.
In conclusion, expect prosecutors to paint the worst possible picture of any defendant. As Jeff Sessions wrote in his Memorandum, they have a job of proving serious charges. Justice—in the eyes of many prosecutors—equates with convictions and long sentences. For defendants who want a better outcome, we encourage them to write personal narratives. We encourage them to use those personal narratives as blueprints. They lead to the next phase in the journey. They are essential to getting the outcome we want from a prison experience.
If you’re an individual who wants to redefine his life, then start with a personal narrative. Do it soon. The sooner you start on a personal narrative, the more time you can invest to craft it well. Do not write the narrative to sell to readers. Rather, use your personal narrative to sell you.
In the chapters that follow, I’ll describe how our team refined this strategy. We use those personal narratives to help us define success. We want all of our readers, viewers, and listeners to begin preparing for success. That is the essential lesson of Prison Professors. It’s the essential lesson that will recalibrate your life, restore your confidence, and give you meaning.
But always remember, it’s one thing to know the way to success. It’s another thing to walk the way. Stay with us at Prison Professors to learn more.
We're now into episode four of Prison Professors' five-part series on How to Master Prison. Those who aren't going into the prison system may find more interest in our interviews. Our team works with people from all types of backgrounds. Some face charges or served time for white-collar crimes. Others served time for drug offenses, or even violent crimes. Our interviews with those people show that regardless of what bad decisions a person has made in the past, it's never too early and it's never too late to begin sowing seeds for a better life.
In this series, we're offering content that will help people before they go into the criminal justice system. We know there's a lot of fear and anxiety about prison. Our team knows how to overcome it. And it's a bit thing to overcome the fear of prison, especially for those who don't know anything about it.
Howard Phillips Lovecraft, an American fiction writer, wrote a line that brought is often quoted:
"The oldest and strongest emotion of mankind is fear," he wrote. "And the oldest and strongest kind of fear is fear of the unknown."
If you've never been to prison before, then you may have some fear. That's normal. People who haven't been to prison don't really know what to expect. We've seen prisons depicted in movies. But are those representations real?
Prison population levels have soared over the past several decades. As a result, artists portray prisons in film, television, music, and literature. When artists portray scenes from prison, they feature the sensational. They produce the scenes to elicit an emotion. Frequently, film producers want to elicit the emotion of fear.
Our team at Prison Professors provides you with a different perspective. If you're going into the prison system, open your eyes to the best possible outcome. What does the best possible outcome look like in your case? If we can see the best possible outcome, we begin to realize that pathways to success exist.
Look at the success of our partners at Prison Professors.
Neither Shon nor Justin had been to prison before. One was going to prison for armed bank robbery. The other would serve time for a white-collar crime. Both men were afraid of what was to come. Prison would separate them from the people they love. It would separate them from the people who loved them. Neither knew anyone who had served time before. Yet both of them had seen the movies. They watched the television shows and they heard the stories.
Their outcomes on the other side of the journey, however, differed from what anyone would expect. Shon became the most successful jailhouse lawyer in history. He wrote briefs that won cases in District Courts, in Circuit Courts, and in the U.S. Supreme Court. Then, after completing his term, Shon went on to law school. He clerked for the D.C. Circuit Court. Georgetown Law School hired Shon. He's now a law professor and advocate for reforms.
Justin chronicled his story in Lessons From Prison. When he went to prison, he feared the type of life he would lead upon release. Justin's conviction for fraud resulted in the loss of his livelihood. He worried about how he would be able to earn a living. Like Shon, Justin, finished serving his sentence during the worst economic recession of our lifetime. Yet during the first few years since his release from prison, he began building businesses. Those businesses would generate millions in revenues. Clients for those businesses include law enforcement, the corporate sector, academia, law firms, the judiciary, and individuals who face time in prison.
Why did Shon and Justin experience a different outcome from what we see portrayed in media? They prepared for success!
I'm Michael Santos. My partners and I want to share everything we learned about mastering the prison experience. Like Shon and Justin, I went to prison as a young man. I started my prison journey in , when I was 23. I didn't get out of federal prison until 2013. Despite the 26 years that I served, every day felt productive. It felt productive because I wasn't only preparing for prison. I was preparing for the success I would want to achieve in prison and beyond.
How Do We Prepare for Prison:
We prepare for prison in the same way that we prepare for anything else in life. Success begins with a definition: How do we define success? The person must ask the following question:
Answering that question is essential. None of us can change the past. But if we want to influence the future, we must begin by defining success. If we can define success, then we can engineer the path. That path should take us from where we are to where we want to go. Future chapters will define our methodical approach for defining success. We call it our Straight-A Guide. But for now, let's focus our preparation on defining success.
Defining a successful outcome from prison requires us to complete a self-assessment. What does our life look like now?
Preparing for a successful journey through prison requires us to define success. And as shown above, success for one person may differ from another person's success.
My partners and I all had different life experiences. Justin was a graduate from the University of Southern California and he was a licensed professional before he went to prison. Shon had a history of substance abuse and he was serving a sentence for armed bank robberies. I started selling cocaine when I was 20 and didn't have much of an education when I started.
But one fact united each of us. Justin, Shon, and I hated being in prison. We wanted a different outcome from what others would expect of us. We wanted to return to society as law-abiding, tax-paying citizens. We didn't want to live on the margins. We wanted success, and we prepared in ways that would be consistent with that outcome. Our preparations, however, began when we were already confined.
Prepare For Prison Early:
The sooner a person can prepare, the better. Consider the oft-quoted adage on the best time to plant an oak tree. Do you know the best time to plant an oak tree? Some people say winter, some people say summer. Some people say fall, some people say spring.
A wise person knows the best time to plant an oak tree. It's 20 years ago. The second best time to plant an oak tree is today.
The same thing goes with preparing for prison. The sooner a person can start thinking about the outcome that he wants to achieve, the better a person can prepare for a successful journey inside.
Good preparations serve a person well. Preparations will serve a person going to prison in the in the same way that a blueprint can serve a builder. It provides a guide of what steps we must take.
Not all people get to prison the same way. Some judges allow people to surrender at some point after the sentencing hearing. Through counsel, the defendant can ask the judge for time to prepare and get affairs in order. When judges allow people to surrender, they typically allow at least 30 days to pass. Some of our clients have been able to postpone their surrender to prison for a year or longer. There may be a variety of reasons that make sense for someone to delay their surrender date. They may want to complete a class. They may have family obligations. They may need to complete a business transaction.
If there isn't a compelling reason to do the opposite, we encourage people to get started. Don't delay the surrender if there isn't a reason. While waiting to serve time, life can feel like it's on hold. It's hard to gain any traction in life when a prison term is looming ahead. For many people who must surrender to prison, the waiting can be interminable. It can feel like a person is serving time, but the time does not count. In Lessons From Prison, Justin describes how the period before surrendering to prison led to a depression. Others talk about drinking too much, or eating too much, or feeling traumatized with fear.
Each case is different, and we do not provide boilerplate guidance. But as a general rule, we find that it's best to start serving the time as soon as possible. The sooner a person starts, the sooner a person can get on a path toward building a successful future.
We provide tips through our website, through our YouTube channel, and through our podcast. Some of those tips will be specific for people who have an option to surrender to prison. Other tips apply to all people, whether they're surrendering to prison or whether they're going to be taken into custody without notice. It's important to remember that a judge has the discretion. The judge can leave a person out on bond for a lengthy period of time after the conviction. Or the judge can issue an order that results in an unexpected confinement. Consider the widely reported case of Martin Shkreli.
Martin Shkreli was widely castigated in the media. Headlines labeled him as the "Pharma Bro." In 2017, a jury convicted him on charges related to fraud. While out on bond, he repeatedly appeared on social media. One post, supposedly, offered payment to anyone who could provide a piece of hair from Hillary Clinton. That post led prosecutors to say that Martin posed a thread. The judge agreed. He ordered the U.S. Marshals to take Martin into custody in September, long before his sentencing hearing. As a result, the Bureau of Prisons locked him inside a New York detention center.
Had Martin prepared better, the judge likely would have allowed him to surrender to a minimum-security camp. Life in a minimum-security camp offers considerably more liberty, and considerably less volatility than life inside of a detention center.
It's always best to prepare. Knowledge translates into better decisions, and better decisions translate into better experiences.
Designation Details:
Many defense attorneys will stop their representation at the sentencing hearing. Others will be willing to assist their clients a bit further. For those who have a good legal team in place, we offer some advice. Ask the defense attorney to get some confirmations from the Marshals and the BOP regarding the designation. A process unfolds after sentencing. The U.S. Marshals will forward the Judgment Order and the Presentence Investigation Report to the Bureau of Prisons designation center in Grand Prairie, Texas. Administrators in Texas will consider many different factors. Then they will identify an appropriate prison for the person to serve the sentence.
The staff in Grand Prairie will be responsible for submitting the appropriate paperwork to the designated prison. Sometimes human errors occur. Those errors can mean that the paperwork is not in order. If the paperwork is not in order when the defendant arrives at the institution, staff members may lock the individual in the Special Housing Unit. That means the person will be held on lockdown, without access to the telephone or recreation. Time will be much more difficult.
If possible, prepare in advance. Ask the defense attorney to confirm with the Bureau of Prisons and the U.S. Marshal service that all paperwork is in order. Our team has known many defendants who suffered because they were locked unnecessarily in Special Housing Units because they did not prepare in advance.
Point of Contact (POC):
Identify a point of contact prior to confinement. Defendants may have a family member or friend who will serve as this point of contact. Let the POC know that they should expect to hear from you within two days. Defendants should understand that the Bureau of Prisons might not activate the phone or email system immediately. Still, if a defendant is on a prison compound, he will be in a community. Depending on the prison, a population level of between 100 and more than 1,000 people will serve time in the community. Someone will agree to help. They can have a family member reach out to your POC and let them know that you arrived safely and that you're okay.
Create a plan for your POC to follow. If your POC does not hear from you after three days, ask your POC to take action. Your POC should contact your attorney. If you don't have an attorney, you need an advocate who will help you. Your advocate should contact the Bureau of Prisons. Effective advocacy will lead the BOP to investigate why you're not able to communicate. If you're being held in the SHU because of misplaced paperwork, your advocate can take steps to correct the problem.
Alan was a client who could have used an advocate. Alan was convicted of healthcare fraud. He surrendered to a minimum-security camp to serve a 36-month sentence. Besides the instant offense, Alan did not have a criminal history. He expected to serve his time in the camp. Unfortunately, the BOP in Grand Prairie did not forward his presentence investigation report to the camp. As a result, when he surrendered to the camp, staff member locked him the Special Housing Unit. He remained in the Special Housing Unit for six weeks because the staff did not have a sense of urgency to fix the problem. Alan didn't know any better, and he didn't have a plan to fix the problem.
Finances:
Create a finance plan as soon as possible. The plan should take into consideration the financial responsibilities outside of prison, and the financial needs while in prison.
Every individual has a unique situation. Some people have family members to support. Others do not have any financial responsibilities outside of prison. Think this through. Craft a plan that works for the support group. Coordinate a budget, or plan to assist through the journey.
It's possible to live in prison without any financial resources. Yet financial resources can ease the burden significantly. Remember that prison is a microcosm of our broader society. An underground economy will exist in every prison. By understanding how that economy works, a person can avoid problems that can complicate life inside.
In our book Earning Freedom: Conquering a 45-Year Prison Term, I wrote about my experiences with the prison economy. I describe why I would spend about $600 each month to live in prison. Those expenditures allowed me to pay for the email system, the telephone system, postage, and to purchase commissary.
Other people live without resources. Some people have "hustles" in prison that allow them to function in that economy. They wash clothes, they clean, they cook for other people. Other people earn an income while working on prison jobs. Those jobs may pay anywhere from $5 a month to $200 per month. Jobs that pay $200 or more a month are relatively scarce, and staff members award those jobs in accordance with seniority. It may take ten years in prison before a person can get into one of the higher paying jobs.
A good plan will keep a person on track. Take steps to understand the financial opportunities and limitations in prison. I've written extensively about my experience in prison. When I left prison, after 26 years inside, I had more than $100,000 in after-tax savings. Those resources allowed me to start my life. The financial resources reflected my preparation. The preparations began with a visualization of how I wanted to emerge. Then I put my plan in place. Then I set priorities. Then I executed the plan. Make sure that you do the same.
Reading:
A good planner will see advantages everywhere. We encourage you to plan your reading list. That plan worked well for our partner Shon Hopwood. He chose to read selectively in prison. That selected reading plan led to his developing knowledge of the law. By reading, he became an expert in writing appellate motions. While in prison, Shon wrote briefs that led to liberty for many people. His briefs won in U.S. District Courts, in Circuit Courts, and in the United States Supreme Court.
Likewise, Justin followed a disciplined reading schedule while in prison. He read books that would lead to his success upon release. What books will you read while you're in prison? How will reading contribute to your success while in prison, and beyond?
In several of our programs, I describe the strategy that empowered me through prison. Each time I read a book, I would document the experience with a book report. The book report would follow a simple plan. I would answer three questions:
Why did I read the book?
What did I learn from reading the book?
How will reading the book contribute to my success upon release?
By responding to those questions, we show a disciplined, deliberate path to make time in prison work for you. It's part of an excellent preparation strategy.
Journaling and Reputation Management:
At the soonest possible time, anticipate the challenges that you'll face upon release. Use your time inside to begin crafting your personal image. Anticipate the how prospective employers, creditors, business associates, and anyone else will perceive you. What will they find when they search your name on Google?
If you anticipate challenges in the future, you can begin sowing seeds today to overcome those challenges. That strategy worked well for Shon. It worked well for Justin. It worked well for me.
Each of us documented our journey in prison. Each of us chronicled our journey to show our disciplined, deliberate preparations inside. Those initiatives allowed us to overcome enormous obstacles. Shon persuaded a law school to admit him, he persuaded Bar to admit him, and he persuaded a federal judge to hire him. Justin's journaling and strategies for reputation management while in prison opened enormous opportunities. Within three weeks of concluding 26 years in prison, I was teaching as an adjunct professor at San Francisco State University.
What led to those opportunities? Our journaling and our efforts to redefine our image made all the difference. Rather than judging us for the bad decisions that led to our prison term. People judged us for our how we responded. We prepared while in prison.
We’re now into episode four of Prison Professors’ five-part series on How to Master Prison. Those who aren’t going into the prison system may find more interest in our interviews. Our team works with people from all types of backgrounds. Some face charges or served time for white-collar crimes. Others served time for drug offenses, or even violent crimes. Our interviews with those people show that regardless of what bad decisions a person has made in the past, it’s never too early and it’s never too late to begin sowing seeds for a better life.
In this series, we’re offering content that will help people before they go into the criminal justice system. We know there’s a lot of fear and anxiety about prison. Our team knows how to overcome it. And it’s a bit thing to overcome the fear of prison, especially for those who don’t know anything about it.
Howard Phillips Lovecraft, an American fiction writer, wrote a line that brought is often quoted:
“The oldest and strongest emotion of mankind is fear,” he wrote. “And the oldest and strongest kind of fear is fear of the unknown.”
If you’ve never been to prison before, then you may have some fear. That’s normal. People who haven’t been to prison don’t really know what to expect. We’ve seen prisons depicted in movies. But are those representations real?
Prison population levels have soared over the past several decades. As a result, artists portray prisons in film, television, music, and literature. When artists portray scenes from prison, they feature the sensational. They produce the scenes to elicit an emotion. Frequently, film producers want to elicit the emotion of fear.
Our team at Prison Professors provides you with a different perspective. If you’re going into the prison system, open your eyes to the best possible outcome. What does the best possible outcome look like in your case? If we can see the best possible outcome, we begin to realize that pathways to success exist.
Look at the success of our partners at Prison Professors.
Neither Shon nor Justin had been to prison before. One was going to prison for armed bank robbery. The other would serve time for a white-collar crime. Both men were afraid of what was to come. Prison would separate them from the people they love. It would separate them from the people who loved them. Neither knew anyone who had served time before. Yet both of them had seen the movies. They watched the television shows and they heard the stories.
Their outcomes on the other side of the journey, however, differed from what anyone would expect. Shon became the most successful jailhouse lawyer in history. He wrote briefs that won cases in District Courts, in Circuit Courts, and in the U.S. Supreme Court. Then, after completing his term, Shon went on to law school. He clerked for the D.C. Circuit Court. Georgetown Law School hired Shon. He’s now a law professor and advocate for reforms.
Justin chronicled his story in Lessons From Prison. When he went to prison, he feared the type of life he would lead upon release. Justin’s conviction for fraud resulted in the loss of his livelihood. He worried about how he would be able to earn a living. Like Shon, Justin, finished serving his sentence during the worst economic recession of our lifetime. Yet during the first few years since his release from prison, he began building businesses. Those businesses would generate millions in revenues. Clients for those businesses include law enforcement, the corporate sector, academia, law firms, the judiciary, and individuals who face time in prison.
Why did Shon and Justin experience a different outcome from what we see portrayed in media? They prepared for success!
I’m Michael Santos. My partners and I want to share everything we learned about mastering the prison experience. Like Shon and Justin, I went to prison as a young man. I started my prison journey in , when I was 23. I didn’t get out of federal prison until 2013. Despite the 26 years that I served, every day felt productive. It felt productive because I wasn’t only preparing for prison. I was preparing for the success I would want to achieve in prison and beyond.
How Do We Prepare for Prison:
We prepare for prison in the same way that we prepare for anything else in life. Success begins with a definition: How do we define success? The person must ask the following question:
Answering that question is essential. None of us can change the past. But if we want to influence the future, we must begin by defining success. If we can define success, then we can engineer the path. That path should take us from where we are to where we want to go. Future chapters will define our methodical approach for defining success. We call it our Straight-A Guide. But for now, let’s focus our preparation on defining success.
Defining a successful outcome from prison requires us to complete a self-assessment. What does our life look like now?
Preparing for a successful journey through prison requires us to define success. And as shown above, success for one person may differ from another person’s success.
My partners and I all had different life experiences. Justin was a graduate from the University of Southern California and he was a licensed professional before he went to prison. Shon had a history of substance abuse and he was serving a sentence for armed bank robberies. I started selling cocaine when I was 20 and didn’t have much of an education when I started.
But one fact united each of us. Justin, Shon, and I hated being in prison. We wanted a different outcome from what others would expect of us. We wanted to return to society as law-abiding, tax-paying citizens. We didn’t want to live on the margins. We wanted success, and we prepared in ways that would be consistent with that outcome. Our preparations, however, began when we were already confined.
Prepare For Prison Early:
The sooner a person can prepare, the better. Consider the oft-quoted adage on the best time to plant an oak tree. Do you know the best time to plant an oak tree? Some people say winter, some people say summer. Some people say fall, some people say spring.
A wise person knows the best time to plant an oak tree. It’s 20 years ago. The second best time to plant an oak tree is today.
The same thing goes with preparing for prison. The sooner a person can start thinking about the outcome that he wants to achieve, the better a person can prepare for a successful journey inside.
Good preparations serve a person well. Preparations will serve a person going to prison in the in the same way that a blueprint can serve a builder. It provides a guide of what steps we must take.
Not all people get to prison the same way. Some judges allow people to surrender at some point after the sentencing hearing. Through counsel, the defendant can ask the judge for time to prepare and get affairs in order. When judges allow people to surrender, they typically allow at least 30 days to pass. Some of our clients have been able to postpone their surrender to prison for a year or longer. There may be a variety of reasons that make sense for someone to delay their surrender date. They may want to complete a class. They may have family obligations. They may need to complete a business transaction.
If there isn’t a compelling reason to do the opposite, we encourage people to get started. Don’t delay the surrender if there isn’t a reason. While waiting to serve time, life can feel like it’s on hold. It’s hard to gain any traction in life when a prison term is looming ahead. For many people who must surrender to prison, the waiting can be interminable. It can feel like a person is serving time, but the time does not count. In Lessons From Prison, Justin describes how the period before surrendering to prison led to a depression. Others talk about drinking too much, or eating too much, or feeling traumatized with fear.
Each case is different, and we do not provide boilerplate guidance. But as a general rule, we find that it’s best to start serving the time as soon as possible. The sooner a person starts, the sooner a person can get on a path toward building a successful future.
We provide tips through our website, through our YouTube channel, and through our podcast. Some of those tips will be specific for people who have an option to surrender to prison. Other tips apply to all people, whether they’re surrendering to prison or whether they’re going to be taken into custody without notice. It’s important to remember that a judge has the discretion. The judge can leave a person out on bond for a lengthy period of time after the conviction. Or the judge can issue an order that results in an unexpected confinement. Consider the widely reported case of Martin Shkreli.
Martin Shkreli was widely castigated in the media. Headlines labeled him as the “Pharma Bro.” In 2017, a jury convicted him on charges related to fraud. While out on bond, he repeatedly appeared on social media. One post, supposedly, offered payment to anyone who could provide a piece of hair from Hillary Clinton. That post led prosecutors to say that Martin posed a thread. The judge agreed. He ordered the U.S. Marshals to take Martin into custody in September, long before his sentencing hearing. As a result, the Bureau of Prisons locked him inside a New York detention center.
Had Martin prepared better, the judge likely would have allowed him to surrender to a minimum-security camp. Life in a minimum-security camp offers considerably more liberty, and considerably less volatility than life inside of a detention center.
It’s always best to prepare. Knowledge translates into better decisions, and better decisions translate into better experiences.
Designation Details:
Many defense attorneys will stop their representation at the sentencing hearing. Others will be willing to assist their clients a bit further. For those who have a good legal team in place, we offer some advice. Ask the defense attorney to get some confirmations from the Marshals and the BOP regarding the designation. A process unfolds after sentencing. The U.S. Marshals will forward the Judgment Order and the Presentence Investigation Report to the Bureau of Prisons designation center in Grand Prairie, Texas. Administrators in Texas will consider many different factors. Then they will identify an appropriate prison for the person to serve the sentence.
The staff in Grand Prairie will be responsible for submitting the appropriate paperwork to the designated prison. Sometimes human errors occur. Those errors can mean that the paperwork is not in order. If the paperwork is not in order when the defendant arrives at the institution, staff members may lock the individual in the Special Housing Unit. That means the person will be held on lockdown, without access to the telephone or recreation. Time will be much more difficult.
If possible, prepare in advance. Ask the defense attorney to confirm with the Bureau of Prisons and the U.S. Marshal service that all paperwork is in order. Our team has known many defendants who suffered because they were locked unnecessarily in Special Housing Units because they did not prepare in advance.
Point of Contact (POC):
Identify a point of contact prior to confinement. Defendants may have a family member or friend who will serve as this point of contact. Let the POC know that they should expect to hear from you within two days. Defendants should understand that the Bureau of Prisons might not activate the phone or email system immediately. Still, if a defendant is on a prison compound, he will be in a community. Depending on the prison, a population level of between 100 and more than 1,000 people will serve time in the community. Someone will agree to help. They can have a family member reach out to your POC and let them know that you arrived safely and that you’re okay.
Create a plan for your POC to follow. If your POC does not hear from you after three days, ask your POC to take action. Your POC should contact your attorney. If you don’t have an attorney, you need an advocate who will help you. Your advocate should contact the Bureau of Prisons. Effective advocacy will lead the BOP to investigate why you’re not able to communicate. If you’re being held in the SHU because of misplaced paperwork, your advocate can take steps to correct the problem.
Alan was a client who could have used an advocate. Alan was convicted of healthcare fraud. He surrendered to a minimum-security camp to serve a 36-month sentence. Besides the instant offense, Alan did not have a criminal history. He expected to serve his time in the camp. Unfortunately, the BOP in Grand Prairie did not forward his presentence investigation report to the camp. As a result, when he surrendered to the camp, staff member locked him the Special Housing Unit. He remained in the Special Housing Unit for six weeks because the staff did not have a sense of urgency to fix the problem. Alan didn’t know any better, and he didn’t have a plan to fix the problem.
Finances:
Create a finance plan as soon as possible. The plan should take into consideration the financial responsibilities outside of prison, and the financial needs while in prison.
Every individual has a unique situation. Some people have family members to support. Others do not have any financial responsibilities outside of prison. Think this through. Craft a plan that works for the support group. Coordinate a budget, or plan to assist through the journey.
It’s possible to live in prison without any financial resources. Yet financial resources can ease the burden significantly. Remember that prison is a microcosm of our broader society. An underground economy will exist in every prison. By understanding how that economy works, a person can avoid problems that can complicate life inside.
In our book Earning Freedom: Conquering a 45-Year Prison Term, I wrote about my experiences with the prison economy. I describe why I would spend about $600 each month to live in prison. Those expenditures allowed me to pay for the email system, the telephone system, postage, and to purchase commissary.
Other people live without resources. Some people have “hustles” in prison that allow them to function in that economy. They wash clothes, they clean, they cook for other people. Other people earn an income while working on prison jobs. Those jobs may pay anywhere from $5 a month to $200 per month. Jobs that pay $200 or more a month are relatively scarce, and staff members award those jobs in accordance with seniority. It may take ten years in prison before a person can get into one of the higher paying jobs.
A good plan will keep a person on track. Take steps to understand the financial opportunities and limitations in prison. I’ve written extensively about my experience in prison. When I left prison, after 26 years inside, I had more than $100,000 in after-tax savings. Those resources allowed me to start my life. The financial resources reflected my preparation. The preparations began with a visualization of how I wanted to emerge. Then I put my plan in place. Then I set priorities. Then I executed the plan. Make sure that you do the same.
Reading:
A good planner will see advantages everywhere. We encourage you to plan your reading list. That plan worked well for our partner Shon Hopwood. He chose to read selectively in prison. That selected reading plan led to his developing knowledge of the law. By reading, he became an expert in writing appellate motions. While in prison, Shon wrote briefs that led to liberty for many people. His briefs won in U.S. District Courts, in Circuit Courts, and in the United States Supreme Court.
Likewise, Justin followed a disciplined reading schedule while in prison. He read books that would lead to his success upon release. What books will you read while you’re in prison? How will reading contribute to your success while in prison, and beyond?
In several of our programs, I describe the strategy that empowered me through prison. Each time I read a book, I would document the experience with a book report. The book report would follow a simple plan. I would answer three questions:
Why did I read the book?
What did I learn from reading the book?
How will reading the book contribute to my success upon release?
By responding to those questions, we show a disciplined, deliberate path to make time in prison work for you. It’s part of an excellent preparation strategy.
Journaling and Reputation Management:
At the soonest possible time, anticipate the challenges that you’ll face upon release. Use your time inside to begin crafting your personal image. Anticipate the how prospective employers, creditors, business associates, and anyone else will perceive you. What will they find when they search your name on Google?
If you anticipate challenges in the future, you can begin sowing seeds today to overcome those challenges. That strategy worked well for Shon. It worked well for Justin. It worked well for me.
Each of us documented our journey in prison. Each of us chronicled our journey to show our disciplined, deliberate preparations inside. Those initiatives allowed us to overcome enormous obstacles. Shon persuaded a law school to admit him, he persuaded Bar to admit him, and he persuaded a federal judge to hire him. Justin’s journaling and strategies for reputation management while in prison opened enormous opportunities. Within three weeks of concluding 26 years in prison, I was teaching as an adjunct professor at San Francisco State University.
What led to those opportunities? Our journaling and our efforts to redefine our image made all the difference. Rather than judging us for the bad decisions that led to our prison term. People judged us for our how we responded. We prepared while in prison.
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