White Collar Advice

When authorities bring people into the criminal justice system, they frequently rip away the humanity of the accused. Regardless of what good the person has done in the past, others will judge that individual for the criminal misconduct alleged in the complaint. Unfortunately, people in that predicament lack a best-practice way of preparing.

To use a cliche, they resemble that deer-in-the-headlights pose.

When defendants don't have previous experience with the system, they understandably feel shaken, afraid, and alone. Some defendants do not know where to turn for guidance.

All too often, they rely solely upon defense attorneys. And defense attorneys can be an outstanding resource. Yet think about the training of a defense attorney. What traits do they have?

• They are trained to assess evidence of the crime
• They are skilled at interpreting case law
• They know how to research statutes
• They will focus on undermining what authorities believe they can prove
• They will support arguments to get the best outcome for the defendant with precedent and law

Those are admirable skills, necessary to the practice of criminal defense. But those skills do not always make defense attorneys good listeners. They may not know much about the personal lives of the defendants they're supposed to defend. Unfortunately, in the federal system, more than 90% of the people that face criminal charges also undergo a sentencing hearing

We're happy for the small percentage of defendants that are able to move through the criminal justice system without a conviction. Yet for every defendant that prevails over criminal charges, nine defendants face a sentencing hearing. Our team is uniquely qualified to help those people help themselves. Obviously, we don't have the time or bandwidth to interact personally with every person that reaches out to us. We're only able to devote one-on-one time to our clients.

Yet we're passionate about public service and helping the most people get the best results. For those people that do not have the resources to hire our team, we recommend a three-tiered approach to getting the best possible outcome.

Stakeholders: We have to start with an idea of our audience,

• Who are the stakeholders in the criminal justice system?
• What do they think?
• In what ways can we influence those people?

It doesn't matter what stage in the criminal justice system a person is in, it's crucial to consider the audience. For 90% of the criminal defendants that will face a sentencing hearing, those stakeholders include the following people:

• The prosecutor will persuade the judge to convict the defendant.
• The probation officer will prepare the presentence investigation report.
• The judge will assess the appropriate sentence.
• The defense attorney that will argue for the best outcome.
• The defendant will live with the outcome.

Consider each of those people and come up with a personal plan to influence them.

Stakeholders: Prosecutor, Probation Officer, Judge, Defense Attorney

• What do they know about you?
• What don't they know about you?
• What do they think about your alleged crime?
• What could you do to influence their perception of you?

This exercise will give you a great basis to start your path toward helping yourself. And when you help yourself, you restore confidence. You get the ball moving in the right direction!

Are you ready to get started? Great!

The three-part strategy we create for each of our clients includes the following exercises, which we'll describe in detail below:

1. Personal Narrative
2. Sentence Mitigation Video
3. Character Reference Letters

Personal Narrative: Every defendant should work hard to prepare a personal narrative. That isn't always easy. It's hard to introspect, to think about your life, to write a document that will convey a life story, with the appropriate level of detail, in the appropriate length, covering the essential points. Yet a personal narrative can prove to be the most influential document for anyone facing a sentencing hearing. Why is that? If you review the answers that you provided in the above, you'll know that the stakeholders don't know much of anything about you.

The prosecutorial team will have invested thousands of hours to build an unflattering case of the defendant. It will focus on the crime and why the judge should impose a severe sentence.

The probation officer works for the judicial system. The probation officer's primary task for a sentencing hearing is to help the judge know more about the defendant, and sentencing ranges, and to offer a recommendation. T

The Judge works with criminal defendants every day. Many judges come from a prosecutorial background. They know that every defendant wants the same thing: leniency. Think about how those experiences influence a judge's perspective.

The defense attorney is focusing on evidence and case law and statutes. He may not know much about the individual as a human being. A defendant has more context. Only the defendant can help stakeholders understand his life as a whole. Defendants can help themselves by writing a personal narrative.

That written narrative should stay focused on the following goals:

1. Identify how the criminal offense victimized others.

2. Paint a picture of the influences that led to criminal misconduct.

3. Describe lessons learned from the experience.

4. Show steps taken to make things right.

5. Reveal a plan that will lead to a full reconciliation as a law-abiding, tax-paying citizen. By adhering to those five points, defendants advance prospects toward getting the best possible outcome.

Sentencing Video: A sentencing video is a next step for the defendant that really wants to make a personal investment in helping stakeholders get the big picture. You've heard the story about the picture that tells a thousand words. A video does thousand times more! Videos help in the courtroom because they bring aspects of the defendant's day-to-day life that the judge would not otherwise see. A video helps the judge see what words alone cannot portray. All strategies in the sentence-mitigation plan should adhere to the same five goals we offered in the previous section on personal narratives. Although a skilled videographer can help enormously, in truth, a defendant who keeps the goals in mind can create a video with astounding power to influence. For those who must create the do-it-yourself video, it's best to create a script. Think about the stakeholders. Then contemplate questions that each stakeholder will have. From those questions, derive a set of responses. Then create a script that you can follow along. Besides telling the defendant's story, an effective video should bring other elements into the courtroom. Defendants should get video testimonials from people who would confirm positive influences. It's important to show that although a defendant has been convicted of a crime, that person has still made positive contributions to society. Use video to show that story.

When creating a sentence-mitigation video, consider:

B-roll footage that will bring the story to life

Shooting locations that will give stakeholders a sense of where the defendant lives

Testimonials that others will provide about the defendant's good character

Character Reference Letters: The final component of our three-part plan is the character-reference letter. Letters that others write about an individual go a long way toward counterbalancing the prosecutor's statements. Contemplate people who know the most about you. Ask those people to offer specific details on the ways that you've contributed to their lives, personally. Character reference letters can have an enormously positive influence on the sentencing hearing. Helping those writers understand the salient points they should make, and the points that they should avoid is crucial to getting the outcome you want.

Seven points to consider on persuasive character-reference letters:

1. The writer should be clear about his or her relationship to the defendant.

2: The writer should not make excuses for the defendant.

3. The writer should not complain about perceived unfairness in the system

4. The writer should not offer thoughts on an appropriate sentence.

5. The writer should emphasize that the defendant has accepted full responsibility for his crime.

6. The writer should write about how the defendant expressed thoughts for making things right.

7. The writer should offer at least one specific detail on how the defendant has made a positive contribution to his life or community. As with personal narratives and mitigation videos, character-reference letter campaigns should strive to help stakeholders get a better understanding of the defendant.

Proud to share the first chapter from our book, Prepare. To read chapter 1, click the link below:

https://www.whitecollaradvice.com/white-collar-criminal-investigation-chapter-1-prepare/

The New York Times featured our work in an article they call, "Want to Do Less Time? A Prison Consultant Might Be Able to Help." For a price, a new breed of fixer is teaching convicts how to reduce their sentence, get placed in a better facility — and make the most of their months behind bars. In this video, I read the entire article and offer additional insights.

To read the article, click the following link: https://prisonprofessors.com/web-brochure/

Thank you,

Justin Paperny

"Where is your release plan?"

A Schuykill Federal Prison Camp case manager posed this question to a former banker from Philly.

According to the banker's wife, Angela, (who called me), the banker replied, "I do not understand what you mean. What is a release plan?"

During my call with Angela, I learned that her husband, the banker, was so certain that he would get probation, he did little to prepare for sentencing.

Instead, the banker received 18 months in prison.

Every month, an average of 800 people opt in through our website at White Collar Advice.

Generally, those people have two primary goals:

1: How to get the shortest prison sentence.

2: How to get out as quickly as possible if prison is part of their sanction.

In our experience, too many people make choices that send them further away from those goals.

For example, many defendants simply outsource the mitigation work to their lawyer. Yet,

Judge Bough told us he discounts part of the lawyer's message because lawyers are paid advisors. Judge Pearson said defendants should treat sentencing like a "full-time job" and it is the defendants responsibility to "express every fracture in their life that led to that courtroom." Judge Boulware said, "The order of mitigation follows: 1: Defendant, 2: Lawyer, 3: Friends and family. Too many defendants get the order wrong." Consider another story:

A healthcare professional called me in late August just after his probation interview. He read the New York Times article about our company. When we spoke, I learned he was expecting a sentence of no more than 12 months and one day in prison.

During our call, we discussed the Mitigation Arc. I suggested he write his personal narrative and send it to the probation officer.

He asked, "Why would I do that?"

I responded, "Well if defendants use their narrative to influence their sentencing judge why not use the narrative to try to influence the recommendation the probation officer will make? Further, Judge Bennett said he would be impressed if he read a probation report and noticed a defendant took the time to write the narrative so far before sentencing."

He said, "Wow, that makes sense to me."

I responded, "Me too, but don't just take my word for it. Listen to our website's interviews with federal judges and read the reviews from clients who leave their first and last name."

Three days later the healthcare professional called me again.

"My lawyer said the probation officer didn't ask for a narrative, so no need to send. Plus he is writing a memo that covers my background stuff. I also have a kickass 15 minute sentencing video made and like 30 letters. Also gambling expert wrote a letter about how I've changed and how much discipline I showed not betting on the last Superbowl. I am good man, but thanks."

I responded, "Thanks for the update. If I thought it would help I would tell you how tragic your text truly is. But I won't. To the video, several sentencing Judges have told me 4-6 minutes is the ideal length for a sentencing video. In fact, at a conference in 2018 Judge Pearson said, "anything longer than 10 minutes is a problem. Defendants need to respect the court's time and the Judges calendar."

The healthcare professional called me again last week. He was distraught.

"'What happened?" I asked.

He answered, "Thirty months, thirty months, can you believe I got thirty months, thirty months, thirty months, probation officer asked for 18 months, the lawyer said I would never ever get more than a year and day. Can you believe it? Thirty months, thirty months, thirty months. Thirty months, can you believe it?

"I am sorry." I said.

The banker serving time at Schuykill Prison Camp who had never heard of a release plan and the healthcare executive who called me after getting thirty months have something in common: neither understood the perspective of a judge, probation officer, or case manager. They outsourced work only they, themselves, should have done. Despite the volumes of free content available on our website showing how the work can positively influence a person's journey, neither did the work to learn it.

Our team cannot guarantee a narrative or release plan will get you the exact outcome you want. We can guarantee there is value in working to counteract the government's version of events.

Our team shares the depth and breadth of what we've learned through decades of experience. We articulate what we have learned from subject-matter experts, including federal judges.

Experience convinces us that the power of the narrative document comes through a defendant's expression of remorse, sharing personal background details, lessons learned, a commitment to a law-abiding life, and, most importantly, acknowledgment of the victims affected and a plan to make them whole.

If you have already been sentenced, there is value in immediately architecting your release plan. Get started before you surrender to prison. Then, when a case manager asks about your release plan, you are prepared to respond with confidence.

If you have an interest in learning more, join our webinar tomorrow where we will discuss your release plan.

Click this link to join live tomorrow at 10 AM Pacific / 1 PM Eastern

Best,

Justin Paperny

P.S.I RECEIVED PERMISSION TO SHARE THESE STORIES WITH HOPES OF HELPING DEFENDANTS BETTER PREPARE.

Sam Bankman-Fried from FTX has been arrested. Certainly, the decisions he makes in the coming months will have a huge influence on his eventual sentencing, federal prison term, and life after federal prison.

In this podcast, I offer insights into what he is going through right now and I offer suggestions on what he should do next as he manages this self-imposed crisis.

Justin Paperny

Earlier this week, Todd and Julie Chrisley were sentenced to lengthy federal prison sentences. Todd received a sentence of 12 years, while Julie received a sentence of seven years. Their convictions date back to June 2022 when they both were found guilty of tax evasion and bank fraud. Further, they submitted fraudulent documents to banks to take out loans that funded their excessive lifestyle.

Naturally, their lawyers are doing what lawyers are paid to do. Namely, their lawyer in Atlanta, Bruce Morris, is speaking about their strong appeal and how the trial was "marred by serious and repeated errors, including the government lying to jurors about what taxes the couple paid. Based on these issues, we are optimistic about the road ahead."

As the legal process plays out Todd and Julie should begin preparing for federal prison. Our top 10 self-surrender checklist would help them (or anyone) going to federal prison.

• Step 1: Prepare to Document the Journey • Step 2: Establish a Primary Point of Contact • Step 3: Understand Financial Implications • Step 4: Create Deliberate Reading Lists • Step 5: Create Journaling and Writing Plan • Step 6: Prepare Personal Belongings • Step 7: Understand Medical Preparations • Step 8: Develop Personal Communication Plan • Step 9: Create Your Quadrant Guide for Decision Making • Step 10: Engineer Your Release Plan

My friend, Lee Wallace, invited me to join her YouTube channel @HarvardLawyerLee, to discuss "What Happens Next" for the Chrisleys and their family.

Lee and I hope you find value in our video/podcast.

Thank you,

Justin Paperny

Immediately, after learning that Elizabeth Holmes was sentenced to 135 months in federal prison, I filmed a live stream on YouTube.

In the video, I cover several subjects, including her first day in federal prison, jobs, restitution, disciplinary infractions, how to stay productive in federal prison, and much more.

Thank you for listening.

Justin Paperny

Elizabeth Holmes turned in 130 character reference letters. Will they help her get a shorter federal prison sentence? I break it all down in this podcast.

Best,

Justin Paperny

received the following text message recently: "Justin, super bummed. I paid my white collar lawyer $200K for my plea hearing and sentencing. I just plead and was told (from my lawyer) that we drew the worst possible judge and there is really not a whole lot he can to do get a sentence below the sentencing guideline range. This is so devastating and I feel kind of taken because if it all hinges on the Judge I probably did not need to hire such an expensive lawyer??? I am trying to stay optimistic and hope my lawyer is just managing my expectations but still freaked out. My range is 41-51 months in prison and I want to do all I can to get a lower sentence but am now worried because it seems that nothing will matter anyways? Can you talk? I already scheduled call for tomorrow but wanted to send this text. Thanks" Okay, our team has heard this sort of message before. Thanks"

To help break it down, we will rely on our trusted friend and lawyer, Diane Bass.

In this video, I also offer some insights on what to do if you draw a tough Judge, as I did.

Thank you,

Justin Paperny

Our team hopes these two stories encourage you to truly prepare for your sentencing hearing and federal prison.