White Collar Advice

Recently, President Biden signed bills giving the Department of Justice more time to prosecute people accused of defrauding the government during the COVID-19 pandemic. For some background, our team at White Collar Advice has been guiding people involved in PPP (Paycheck Protection Program) fraud since late 2020.

Now, the investigations are really picking up. The new bills the President signed gives the government a 10-year statute of limitations for civil and criminal charges revolving around PPP fraud, bank fraud, and Covid-19 economic injury disaster loan fraud (EIDL).

To learn more about PPP and Covid Fraud Investigations, our team is privileged to interview our friend and white-collar defense attorney, Diane Bass. Diane has guided a number of people through government investigations related to payroll protection program fraud.

By the end of 2021, the government has identified more than 70,000 fraudulent PPP loans and a potential fraud amount of $4.6 billion. We know many people involved in PPP and Covid Fraud investigations did not have criminal intentions. Yet, circumstances happened and many are concerned about what to do next, how to mitigate, how to prepare for a federal sentencing hearing, and potentially federal prison.

Diane will help us break it all down. If you have questions and need a lawyer, please reach out to Diane. We cannot endorse her work enough.

Of course, our team is also here to help. Feel free to call 949-351-4650.

Best,

Justin

After Derek Chauvin was sentenced to 21 years in federal prison, I was asked to share my thoughts with Court TV.

In this podcast, I address a comment a retired federal public defender left after reading the article in the New York Magazine titled: Want to Do Less Time? A Prison Consultant Might Be Able to Help.

The specific comments follows:

"I am a retired federal public defender. The work done by these sentencing consultants is doubtless helpful when the criminal defense attorney is unfamiliar with federal sentencing and the variety of federal prisons available.

But, federal criminal accused should take care in selecting an attorney who actually has experience in federal criminal cases. An experienced attorney does everything these consultants do and at no extra cost.

Not only did I prepare my clients before they met the federal probation officer who wrote the pre-sentence report, I also, always, went with them to the appointment to keep them on track and out of dark waters. Not going with your client to the most important interview in his life is malpractice.

The advice to totally accept responsibility is correct, as is the advice to continue to be conspicuously productive at work or as a volunteer. It is imperative to have letters of support attached to the PSR, and as the attorney, I also assisted each supporter in framing a helpful letter to the judge. (Without guidance, some of these letters are harmful, eg,"I know my friend could never do this.")

Asking the court to request a particular prison is helpful, but the BOP doesn't have to follow the court's recommendation. As the attorney, I have actively worked the phones to the BOP to get good medical, psychiatric, educational or vocational training placements.

Finally, there are worthy books about fed. sentencing and BOP placement.

A subscriber asked how Elizabeth Holmes could only serve 18 months on a 60-month federal prison sentence. I break it down in this video and also encourage everyone to visit our subject matter expert page at prison professors.

Here is the link: https://prisonprofessors.com/subject-matter-experts/

Best, Justin Paperny

On June 7th, I received this email:

"

In this podcast, we learn from Jeff Piecka, a client preparing to surrender to federal prison for 34 months.

Shortly before his surrender, Jeff left the following review at https://www.trustpilot.com/review/whitecollaradvice.com

"First Class Team:

Sam Mangel, Mike Berlon, and Larry Hartman have been FABULOUS since I hired this Team. I have had extensive conversations with Sam and Mike and their accessibility, honesty and credibility have been massive benefits for myself and my wife (Sam and Mike have offered their wives as resources for my wife multiple times and she is very thankful for it!!)

For a price, a new breed of fixer is teaching convicts how to reduce their sentence, get placed in a better facility — and make the most of their months behind bars.

To read the entire article in the New York Times click the link below:

https://www.nytimes.com/2022/06/07/magazine/prison-consultants-fixers.html

In this podcast with Scott Reisch from Crime Talk we discuss:

How to prepare for sentencing

Life in Federal Prison

How to work with lawyers

Life after prison

Learning to tell your story

and much more

We hope you enjoy our podcast!

Justin Paperny

Our team is proud to share this interview with Federal Judge, Mark Bennett. The lessons Judge Bennett shares are as relevant as ever. In this free-flowing, organic conservation Judge Bennett provides invaluable insights into what he has learned over the course of his 23-year career on the bench. n this interview, Michael asks Judge Bennett the following questions: 1: What have you learned from sentencing more than 4,000 people 2: What influence would the offender's version of events have on Judge Bennett at sentencing? 3: What has Judge Bennett learned from other sentencing judges? 4: What has a greater influence—the defense attorney or defendant expressing remorse? 5: Should the individual begin crafting their interview before the pre-sentence interview (PSR)? 6: Do psychological reports have an influence at sentencing? 7: How important are character reference letters? 8: If a defendant owes restitution, should they start making payments before sentencing? 9: Is bringing family members to sentencing a good idea? 10: What has Judge Bennett learned from visiting people he sentenced in prison? 11: Can a positive adjustment in prison influence Judge Bennett at a resentencing? Thank you for listening! Justin Paperny

Based on what I've heard from a retired FBI Agent (and others), a criminal investigation is ninety-plus percent complete by the time law enforcement approaches or questions you.

Discovering you are under a criminal or civil investigation puts you under tremendous stress. You must immediately make key decisions, like going to trial or pleading guilty to the charges. The insights Mike Berlon and I provide in this video should help you make better choices about your case.

If you sign a plea agreement please know that is the first step in the process. In the video, Mike points out how important the steps between the plea agreement and the sentencing are to the defendant. There are significant legal documents required prior to the sentencing hearing.

The defendant will need to diligently work to ensure the Judge not only understands who you are but why you deserve leniency and mercy. For you to convincingly influence the Judge requires you to understand the perspective of the Judge and on what basis he will determine his judgment. Your judge will rely on several documents in making his determination.

A United States probation officer conducts an interview to prepare and draft a court document called the Pre-Sentencing Report. You must be prepared for this interview. The document, labeled the pre sentence report (PSR), outlines for the Judge your childhood history and the circumstances of your life. It provides a detailed record of your medical status and conditions both physical and mental.

Once you go to prison the PSR will become the sole document relied on by federal prison officials and administrators.

Additionally, both the Prosecutor and your criminal defense attorney will prepare an opposing Sentencing Memorandum. The Sentencing Memorandum lays out for the Judge each side's position on the length and duration of your federal prison term.

The Judge's experience in the criminal justice system and his reliance on the PSR, the prosecutor's Sentencing Memorandum, and victim impact statements provide him with a negative picture of you and your actions. Only by mitigating these perceptions can you have a meaningful effect on how you are perceived by the stakeholders who determine your fate.