White-Collar Defense: The FBI Has Targeted You - Now What Do You Do?

White-Collar Defense: The FBI Has Targeted You - Now What Do You Do?

By Dr. Marc J BlatsteinEducation
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White-Collar Defense: The FBI Has Targeted You - Now What Do You Do? episodes

  • Preparing Defendants for their Presentence Interview, and 1st day in Federal Prison
    Physician Presentence Report Service  #federalprison #pprsus #drblatstein
    Dr. Marc Blatstein (Marc)
    www.PPRSUS.com
    Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.
    In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.
    Preparing Defendants for their Presentence Interview, and 1st Day in Federal Prison     
    Being Transparent with Expectations Is  Appreciated
     
    Medical Visits: and Copays [P6031.02]?
    Self Surrender – But they don’t know you’re coming ⇢Solitary!
    Satellite Camps vs FPC; They’re all the same, right?
    COVID is all over, well not really,
    with the Flu, approximately 12-50K die yearly
    with COVID it’s predicted ~ 150k – 250K will pass yearly
    Which Is, OK?
    Medications: On Formulary, Non-Formulary, Not-Available, then Similar Equivalent Substitutions?
    Dementia? | Veteran? | Psychology Program | Occupational Training Programs? | FSA | Are these all easily available? | Nope! 
    Mental vs Medical Healthcare Placement: Which CARE LEVEL takes precedence? What is a CARE LEVEL?     
    18 U.S. Code § 3553 - efforts to mitigate one's sentence.
    1 hr 11 min
  • 1. THINGS TO THINK ABOUT AS YOU PREPARE TO SURRENDER - YOUR CASE MANAGER
    Physician Presentence Report Service  #federalprison #pprsus #drblatstein
    Dr. Marc Blatstein (Marc)
    www.PPRSUS.com
    THINGS TO PLAN FOR – BEFORE YOU SURRENDER         I.          Compassionate Release from COVID is ending 6/10/2023, but the Compassionate Release part is still being looked at by the USSC as recently as 2/2023)       II.          RDAP, up to 1 year off a sentence. Your Reentry/Release Plan - started before your PSI.
    25 min
  • 2. PREPARING PLANS TO SURRENDER
    #federalprison #pprsus #drblatstein   
     I.          You’ll have a Contact Person (on the outside) and Power of Attorney – spouse, a parent, a best friend, or a lawyer just in case things don’t go right, the attorney could have confirmed that the court’s intake orders arrived before you do, it’s not fun to arrive, only to be put into solitary because the court’s orders have not.·       In normal circumstances, the family or contact person should expect a phone call within 24 hours of the day the person surrenders. ·       Once the person is in the general population, he/she can ask someone for help. Another person can ask their family member to call and let them know that all is OK. ·       Regarding the books you’re going to read, serving a four-year sentence, you should have a four-year reading list ready before surrendering – then decide what books that would help you progress toward your goals.
    1 hr 4 min
  • 3. VISITS-EMAIL-PHONE-LETTERS-PLAN BEFORE SELF-SURRENDER
    I.          Educate those close to you regarding the BOP policies, as each “has a specific procedure” to follow.Send and receive letters through the regular postal service is found ⇨ You’re A & O Handbooko   SNAIL MAIL (Please read as color copies may not be allowed)o   Policy on Incoming PublicationsUse of their modified telephone system takes time to get used too   PHONE CALLS,Understand the modified email system,o   EMAIL – TRULINCS, Coordinate visits with people – so everyone doesn’t show up on the same day.o   a person may want to type out a sheet of paper that includes the following information for all the people on a contact list:§  Name§  Mailing Address§  Phone Number§  Email address§  A day or two before surrendering, the person should print out the page and send it in the regular mail to himself, at the prison’s address. The person will also want to bring the paper when he/she surrenders.o   Prior to surrendering to prison, the person should help all people on the contact list understand the system's rules.o   Although rules vary from time to time, administrators will limit access to each communication channel— visits, limits may apply.·       Money can be sent viao   Western Union,o   Money Gramo   the United States Postal Serviceo   Sample Commissary List
    7 min
  • 4. WHAT'S NOT ALLOWED - RUNNING A BUSINESS FROM PRISON
    I.          If you have a business that is running while you are in prison, you have to tell those you will communicate with that: YOU ARE NOT ALLOWED TO DO THIS, OR GIVE ANY ADVICE OR INSTRUCTIONS TO ANYONE EITHER THROUGH:o   PHONE CALL CONVERSATIONS REGARDING RUNNING A BUSINESS – WHAT YOU CAN, AND CANNOT SAYo   You can say: “I Am Not Allowed to run any business or give any kind of advice from Prison, but, if I were home, possibly, this is something that I would consider doing,1.     which would be,_______________________,2.     “but as I am in Prison – I Am Not Allowed To Run A Business – So it’s Up to Them”o   Before you surrender, they need to understand that this is how the conversation will go.
    5 min
  • 6. PRE SURRENDER - ALL THINGS FINANCIAL
    Physician Presentence Report Service
    Dr. Marc Blatstein (Marc)
    www.PPRSUS.com
    Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.
    In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.
          I.          Financial Considerations§  Banks and brokerage houses have been known to “close accounts”, making them move accounts for a fraud-crimes, within 30 days.§  Open accounts at multiple institutions.§  By opening several accounts, YOU HAVE A CUSHION. If one institution closes an account, you can transfer resources to another existing account if you have someone with Power of Attorney.§  Providing Power of Attorney to someone you trust.§  In prison, DO U HAVE A FINANCIAL PENALTY? §  you can spend 300 – 1000’s/per month, I spent $325 per month.
    §  Financial Responsibility Plan (Restitution), you, will have to allocate funds for that.§  at your first meeting with your Case Manager, offer to make ‘reasonable’ payments. §  Refusing with adversely affect your FSA Programming and early release.§  Keeping lots of funds in your commissary account is not recommended, §  especially if you have financial penalties – as §  The DOJ wants to take 75%. It's not law yet – But It Is On Their WISH LIST.
    8 min
  • The Critical Role the Presentence Report Plays - And its impact on the Court.
    Physician Presentence Report Service
    Dr. Marc Blatstein (Marc)
    www.PPRSUS.com
    Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.
    In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.
    The Critical Role the Presentence Report Plays - And its Impact on The Court and Your Future  Dr. MARC BLATSTEIN, D.P.M.; FAY F. SPENCE, J.D.; E.J. HURST II, J.D.; AND MAUREEN BAIRD
    The Federal Lawyer January/February 2021
    Prisoners have a constitutional right to: 
    adequate medical care,1 but what that means and how to get needed treatment is often not well understood by attorneys representing criminal defendants.Rule 35. Physical and Mental ExaminationsThis article attempts to address that knowledge deficit by explaining the
    medical, mental health, and substance abuse programs and policies in the federal Bureau of Prisons (BOP), as well as some of the First Step Act (FSA) Programming expanded
     educational, vocational, and other available programs intended to rehabilitate inmates and prepare them for return to society. Equally important, the article explains 
    the critical role of the presentence report (PSR) in determining whether and how needed treatment and programs will be available to a defendant.Documentation is paramount, and the diligent attorney must be proactive in gathering and supplying the appropriate documentation to the probation officer preparing the PSR and to the court, along with a sentencing memorandum advocating for the defendant’s desired sentencing outcome and institutional placement, supported by the sentencing factors set forth in 18 U.S.C. § 3553(a).
    1 hr 25 min
  • ‘Character’ Letters Are Letters About Character, Not Sentencing Recommendations
    Physician Presentence Report Service  #federalprison #pprsus #drblatstein
    Dr. Marc Blatstein (Marc)
    www.PPRSUS.com
    Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.
    In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.
    ‘Character’ Letters that include the writers are informed about the person’s legal challenges.
    How long do they know you, what do they think about you?
    Kind, Honest, Dependable, Community Volunteer
    It could come from a,
    Family member, employer, religious leader, teacher, neighbor, colleague, or another person or group who has known you for a long time.
    If it is an employer that knows of your legal trouble and is willing to hire you after you’re released – if it’s possible, that is a Great Letter.
    They should humanize you
    Summarizing: how long does the person know the defendant?
    Does not make excuses for the defendant.
    Does not offer thoughts on sentencing.
    The writer knows that you have accepted full responsibility.
    The writer knows you want to make things right.
    Examples of the defendant’s good deeds as a neighbor or volunteer in the community. 
    Start asking, ASAP
    At least 10, collect them, and when you have them all, then email them to your attorney at one time.
    4 min
  • Federal Sentencing Expertise - Financial Responsibility Program
    Physician Presentence Report Service  #federalprison #pprsus #drblatstein
    Dr. Marc Blatstein (Marc)
    www.PPRSUS.com
    Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.
    In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.
    Financial Responsibility Program (FRP)
    The Dept of Justice proposed new rules that would permit confiscation of up to 75% of money federal inmates receive from families and friends.
    Further, those incarcerated would have to participate in order to 
    get credit under the First Step Act for early release from prison.
    At the same time, The BOP is probably not a fan of the proposed rule, as the change will inevitably lead to substantially lower commissary sales, which would lead to lost trust fund profits while seeing its food costs rise.
    Through a letter, BOP released through a Freedom of Information Act during FY 2021 the agency was able to cover over $81 million in salaries and benefits “for hundreds of agency staff positions” with profits from commissary sales.
    Financial Responsibility Program (FRP)
    1. We Don't Recommend Keeping large amounts of $$ in your account
    2. At Your 1st Case Manager Meeting
    * Offer A Reasonable Amount Per: Month or Quarter
    * You Do Not Want To Lose The Benefits of The FSA
    5 min

About White-Collar Defense: The FBI Has Targeted You - Now What Do You Do?

From the publisher's feed

Federal Sentencing ExpertiseMedical Care | Sentence Mitigation | Reentry Planning | *Personal Narrative | *Presentence Interview Preparation | RDAP | Security Level | Medication Availability | PPRS Prison Match™ – BOP Placement Options