White Collar Advice

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.

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!

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

[email protected] 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