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

SENTENCING AND PLACEMENT 

1. The Statement of Reasons (SOR), The Judges Reasons for Departure or Their Sentence

  2. The Presentence Report (PSR),

It was developed as you prepared for the Presentence Interview (PSI),·        includes your Personal Narrative and all of your biographical information.·        written by your Probation Officer representing the court.                                3. At Sentencing·        The fruits of the 1st part of your hard work.·        Your NARRATIVE has been inserted into Your Presentence Report·        Before your hearing, your Narrative was read by your Judge.·        This prompted your Allocution with the Judge – which you ‘were’ prepared for.·        The result: possibly a Departure from the Guidelines. At this point,·        Your attorney now requests placement in a facility that has “programs” that would meet your needs, for example, RDAP. The judge could agree.

 • This is the time for your attorney to make a request for just ‘1’ BOP Facility that meets your needs, and again the Judge may agree.

• Finally, “your honor, if it is ok with the court, (1st) if the BOP cannot make that placement, would it be possible for them, (2nd) to write the court as to why they were unable to do so, your honor?” And thank you. 4. Finally, The BOP determines the Caveat, how and where you are finally placed – This Is Their Domain.• Bed availability,

 • Faith-based needs,

 • Security designation,

 • Programmatic (FSA) needs,

 • Mental and medical health needs,

 • Recommendations of the sentencing court (They do make a conscious effort (75%) to do this),

 • Other security concerns of the Bureau of Prisons,

 • Placing the inmate in a facility as close as practicable to their primary residence, and to the extent practicable, within 500 driving miles of that residence. ///////////////////////////////////////////Comprehensive Medical, Mental, and Psychiatric Histories including all hospitalizations.·        Should a Medical, Psychiatric, or psychological consult result in a diagnosis that impacts 18 U.S. Code § 3553, a request that those physicians appear at your sentencing hearing is a must, as the judge will more than likely want to question them. Medication Needs, – The BOP has 3 Tiers:·        On Formulary (Medications that are available),·        Non-Formulary (Medications that are available – but whose usage is discouraged by the BOP, and therefore have a lengthy pre-authorization process.·        The Medication Is Just Not Available: Here it is critical that the current treating physician be given enough time to review the entire BOP formulary list.

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.

Early Release Options        I.          DAY ONE: YOU’RE ELIGIBLE FOR 15% Good Time, just don’t get any infractions.      II.          RDAP – Up To 1 Year Reduction: AT YOUR PRESENTENCE INTERVIEW, IF YOU HAVE A SUBSTANCE ABUSE ISSUE WITHIN THE 12 MONTHS PRIOR TO YOUR ARREST – DOCUMENTED, YOU QUALIFY It can Be alcohol, OTC meds, drugs, legal or illegal.·        24-30 mo. Sentence = 6 months off·        31-36 mo. Sentence = 9 months off·        36+ mo. = 12 months off     III.          2nd Chance Act Extends Halfway House Time·        If your sentence is > 60 mo. (5 yrs.) = last 6 mo. on home confinement·        If your sentence is < 60 mo. (5 yrs.) = last 10% on home confinement·        “Inmates may be designated to community confinement as a condition of pre-release custody and Programming during their final months not to exceed twelve months.” 28 C.F.R. § 570.21(a).·        BOP staff must review inmates for RRC placement 17-19 months before their projected release date, and inmates are to be individually considered using the five factors listed in §3621(b).·        Elderly Home Detention through the First Step Act: Rare to Get Program availability at all BOP facilities.o   The qualifying age of 60+ years and You can serve that last part at Homeo   you must have served two-thirds of the sentence must be served to be eligible.o   the offender must be serving a term of imprisonment other than life imprisonment based on a conviction for an offense or offenses that§  the offender must not have been convicted in the past of any Federal or State crime of violence, sex offense, or other offense enumerated in the statute.§  the offender must not have escaped or attempted to escape from a BOP institution.·        the BOP must determine that the release of the offender to home detention will result in a substantial net reduction of costs to the federal government, and·        the BOP must determine that the offender poses no substantial risk of engaging in criminal conduct or of endangering any person if released to home detention. IV) FSA: 1 year of programming = 6 months off         2 years = 12 months off, Max., more can be applied to ______________

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.

Sentence Mitigation       I.          NARRATIVE (your story) from childhood, will take every inch of 90+ DaysThe significance of your Personal Narrative  directly impacts;·        Your Sentencing Judge allows you to speak directly to the Judge, from your heart, ·        The Prosecutor will read this….·        Probation (who wrote the Presentence Report), as they too read this 1st·        The BOP (Case Managers, Counselors, RRM) will also see it.·        Halfway House (RRM), will be influenced by it as bed space is limited, they decide who is ‘worthy’.·        Others who you will encounter in the future·        Just the act of writing it, over time, will be a cathartic experience of relief.      II.          REENTRY PLAN a topic in each of those visits with your Unit Team, Case Managers, and Counselors, all in writing:·        The Judge wants to know what it is – If you’re re-offend·        Documenting your FSA Programming, and how they’ve helped you·        Documenting the books you’ve read, and how they’ve shaped your future outlook·        Your reentry plan grows over time – possibly someone offered you a job, 2 copies (for you and your case manager) ·        Remember the RRM – Your Case Manager – Your PSR, Narrative and REENTRY Plan…1.      Long-term Preparation – for early Halfway House (RRC) – which could get you there sooner2.      Then for early Supervised Release – and finally3.      For early release to home and Freedom –4.      Then with confidence – put your Reentry Plan to good use

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.

YOUR PRESENTENCE INTERVIEW III -  Your NARRATIVE1st. Express remorse for the victim(s), understanding their pain, suffering, and how it has impacted them. 2. Agree with the court as to the seriousness of the crime, without minimizing it. Expand on this topic3. What in your life brought you to this moment, what happened that caused you to do this?

4. You can expand on this, with salient points from your childhood, while,·        Get feedback from a consultant, attorney, or someone with this skill·        If there was a “trigger,” what was that trigger, and how do you remove it from your life?·        And don’t hand in your 1st, 2nd, 3rd, 4th, or even 5th draft; really, ·        It will be a slow start, but when complete, you will be a different person, with a unique Personal Narrative – Story to tell directly to the Judge.·        It is now Your Story, Unique and Honest.5. What has this experience taught you? Did it bring up moments from your past?6. Explain to the Judge that you have a plan (ONLY IF YOU DO) to start making this right with those you have victimized – or if you have already started – what are they, no matter how small those efforts have been. 7. What is your plan to never re-offend, and you will NEVER Be Back Again In Their Courtroom? 8. Let the Judge know that you feel financially responsible and want to make amends. If you can, bring some money with you ($100 or $1000), and let the court know that:·        I know this is not much, but here is $0.00 that I want to submit to the court.·        I want the court to also know that I have a plan for a job when I get home, and then I will be able to start the Financial Responsibility Program.o   I hear that The FRP is already being included in Judge’s Orders, ($25/Qt)o   This may not be an option:§  As I will have little to no income in prison, I understand that not participating in the Financial Responsibility Program (FRP) in prison, may keep me from participating in other programs – and could be held against me keeping me from returning home to begin to make amends to myself, family and to those, I have harmed.

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.

When you hear a rumor that the Feds are asking questions, or if you receive a target letter, – this is when PREPARATION becomes a familiar word. It’s OK to Panic, but – start. If family, friends, and lawyers tell you you’re paranoid or to relax – ignore all of them and start interviewing attorneys.Then ask for,·        Several client references (regarding cases like yours), for you to call – as you say: I am sure “you have happy clients, even though we may wind up in the BOP,” nextYou’d like to see several sentencing memorandums (humor-me, please) for cases like yours. ·        If HIPPA comes up, agree, but reply, with ADOBE it’s possible to REDACT all personal info. ·        Here we are looking to see if they all look the same. ·        If they do, NEXT. Once you find an attorney that you feel comfortable with, ·        discuss finances, and request that ·        ‘we each hold each other accountable, as/should/when the defense moves forward, ·        this needs to be a “team” effort – that your attorney listens to your suggestions. ATTORNEY PREPARATION REMINDER: No attorney can guarantee to you: 1) that they know the Judge – so don’t worry, or 2) I promise that you will get “X” days or years – so we don’t need to prepare your narrative (for example), and last 3) a Great AUSA – prosecutor doesn’t always convert to a great White-Collar Defense attorney – that’s why we  ·        advise asking questions, because ·        they may be a Great Defense Attorneys, ·        but there is only one way to find out.

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.

STAKEHOLDERS – WHAT THEY WANT TO HEAR

THIS APPLIES TO EVERYONE RESPONSIBLE FOR YOUR FUTUREThese are your STAKEHOLDERS [The Courts – Congress – Your Attorney – Probation Officer – Prosecutor – Judge – BOP Director Peters – BOP Staff; Unit Team, Case Manager, Education, Medical, Probation – RRC Manager, and Halfway House, Home Confinement] The NARRATIVE of you has been written by the DOJ, and ·       placed in the press worldwide in the form of your Indictment, ·       read by your colleagues, family, and friends. ·       It has also been read by your  Satisfied? ⇨ No, Let’s rewrite Your Story – Your Narrative. STAKEHOLDERS – YOU DO NOT KNOW BOP Director Peters – Office of Designation, Grand Prairie Tx: As it is part of your Presentence Report, it will impact where they place you, and yet you have never met them. STAKEHOLDERS – YOU KNOW OR WILL MEET IN YOUR FUTURE; 

·       your Attorney (and that may be all they know about you), ·       The Prosecutor, (…they just want to convict)·        The Probation Officer (..who can influence your judge’s decision regarding your sentence – as they are the 2nd person to meet you), and most importantly,·        your JUDGE.   WHAT DO – AND DON’T THEY KNOW ABOUT YOU?DO THEY KNOW WHY YOU COMMITTED YOUR CRIME?WHAT DO THEY KNOW ABOUT YOUR MOTIVATION OR INVOLVEMENT IN YOUR CRIME?WHAT CAN YOU DO TO CHANGE THEIR PRECONCEIVED BIASES, ABOUT WHAT YOU DID? Then, once you enter prison, they will be your o   Case Manager and Unit Team.§  They will only know you through your Presentence Report and Narrative, in essence: THE GOOD – THE BAD, AND THE UGLY (and everything in between about you all from their: 1st) Biases, and 2nd) Your File§  This will dictate your life, from your bunk to getting programs, from smooth team meetings to an offer for early transition to Halfway House or Home.§  So how can you differentiate yourself from everyone else?·       How can you show - INCREMENTAL IMPROVEMENTS?o   There are not many ways in prison to do this, ….but these are my recommendations unless you have a better idea.o   THEREFORE, WHEN YOU 1ST MEET YOUR CASE MANAGERS – MY SUGGESTION IS…§  1st) Financial Responsibility Program if you have any sort of financial penalty (i.e., Restitution) – Offer to set up a plan, no matter what the Judge said.§  2nd) You know of the FSA SPARC-13 Survey§  3rd) Start Reading Non-Fiction Books⇨ For both of these, begin to memorialize your journey in a paperback journal notebook (from amazon – see my website). For the,▢ FSA Programs, Daily write what you have learned, and how clearly the teacher presented the topic▢ For Books, You have a Non-Fiction Booklist, 2 at a time, prescheduled and divided among relatives and friends so that no one is left paying for everything. If you will be there for 4 years, then the schedule runs for 4 years, and as you read each book you write a brief summary of each chapter as well as your thoughts on the author – also, if there are lessons learned, what are they? Your 1st 2 books should be mailed to you from amazon starting 2 days before your arrival,▢ Each time you meet with your Case Manager, Unit Manager, Team, Correction staff, or official, enter their Name, date, time, and topic of the conversation, just to protect yourself.

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.

Reentry Planning (This is an evolving document, that grows over time, and will influence your Stakeholders. It will start before you enter the BOP, and will continue to grow over time, limited only by your efforts.) 

Before SurrenderingMake a list of books you’d like to read – START SENDING (2 at a time) TWO DAYS BEFORE YOU ARRIVE,With the amount of COVID and Influenza, should you test positive, you may be in quarantine (Isolation) for several weeks. You will be bored so you might as well read 24/7/365.You can check the BOP.gov, COVID Their Modified Operation LevelsThey are rated 1-3, with 3 being the highest. Then follow the link to the Individual Facility, where there is a list of all the prisons. There you will see the restrictions that the prison you a designated to, is under.Pre-Set a schedule for each friend and family member to send you the books – it’s cheaper for all.Developing a new habit will take time and effort, but we all fall into routines eventually.Getting too many books at once could get you in troubleAsk family & friends to each send the books from the list, 2 books at a time.Softback (best and cheaper) – from Amazon, Softback – can also be from homeMarco Polo’s “Travels”,The Gift, Edith Eva EgerSteve Jobs by Walter IsaacsonNelson Mandela’s AutobiographyHow to Cook a Wolf, by F.K. FisherThink and Grow Rich, by Napoleon HillThe Power of Habit: by Charles DuhiggRich Dad, Poor Dad, by Robert T. KiyosakiThe Three Laws of Performance, By Steve ZaffronMartin Luther King’s “Letter from Birmingham Jail”The End of History and the Last Man, by Francis FukuyamaThe 7 Habits of Highly Effective People: STEPHEN R COVEYHow to Win Friends and Influence People, by Dale CarnegieInfluence: The Psychology of Persuasion, by Robert B. CialdiniThe Big Short: Inside the Doomsday Machine, by Michael LewisI Know Why the Caged Bird Sings (Maya Angelou’s Autobiography), Guns, Germs, and Steel: The Fates of Human Societies, by Jared DiamondThe Last Lion: Winston Spencer Churchill: Alone, 1932-40, by William ManchesterBlink: The Power of Thinking Without Thinking, by Malcolm GladwellGetting Things Done: The Art of Stress-Free Productivity, by David AllenThe Tipping Point: How Little Things Can Make a Big Difference, by Malcolm GladwellZen and the Art of Motorcycle Maintenance: An Inquiry Into Values, by Robert M. PirsigWorking: People Talk about What They Do All Day and How They Feel About What They Do, by Studs Terkel                … these are all great places to start and should continue throughout your stay.

Blank journals, diaries, address books, and daily planners, are not authorized for receipt.

So, order from amazon: soft-backed lined journals that have inspirations (or religious writing or anything on each page), so the BOP will let them through 

In The BOP

When you have your 1st meeting with your Case Manager or Unit Team in the BOP, and if time allows 1) request to take the Assessment Survey (Sparc-13) for the FSA as you learned that it could help you, and 2) if you have restitution, and the judge did not order the BOP to “Not” make you pay, offer to make reasonable quarterly payments. It will make you look good! If you refuse to bay, you may not get full Good Time Credit, as well as Programming possible restriction from early release.

Once you have taken the survey, your case manager will begin to recommend programs for you – take them all and say thank you. It does not matter what they are, if you take 1 year’s worth of FSA Credits, it could equal 6 months off your sentence.

Meanwhile:

Document your Book Reports and FSA Risk Assessment Programming (SPARC-13) daily, and how they’ve helped you – and that your teacher was great that day.Documenting short paragraphs about the books you’ve read, and how they’ve shaped your outlook, why you picked the author, how you will use what you have learned after releaseYour reentry plan will start to grow over timePossibly someone offered you a job, make 2 copies (for you and your case manager)Case managers are looking for incremental improvementsIncludes your character letters, copies of your social security card, driver’s license, and health ins. (if current), all into your journaling.The Purpose of All OF This Is to Come Home Prepared to Start the Next Phase of Your Life So, Continue With Your Planning

Financial Responsibility Plan (FRP). If you have any fine or restitution, congress and the BOP want participation, otherwise, this could hinder your participation in FSA Programs and early release efforts.It may help if you could ask the judge to write into the order, that the defendant is not responsible for the Financial Responsibility Plan until after they are released from the BOPWhat I am hearing now is (12/2022), that some judges are including FRP quarterly payments in their orders.Remember to Document the Journey [IN A NOTEBOOK PAPERBACK JOURNAL] – how will you create steps for early release with the First Step Act (FSA), judges now have an opportunity to consider compassionate release.Document the journal, email it home as a memoir, and it could help you towards early release.This also shows the incremental progress you have made, which may persuade a judge why you’re worthy of compassionate release.It will show how you worked to reconcile with society,Your story may also motivate others to want to reach their highest potential.It will improve your reputation in the eyes of your Stakeholders.It will help ease your transition back into society.This is Temporary - You Will Get Home - With Dignity

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.

When you hear a rumor that the Feds are asking questions, or if you receive a target letter, – this is when PREPARATION becomes a familiar word. It’s OK to Panic, but – start.

If family, friends, and lawyers tell you you’re paranoid or to relax – ignore all of them and start interviewing attorneys.

Then ask for,Several client references (regarding cases similar to yours), for you to call – as you say: I am sure “you have happy clients, even though we may wind up in the BOP,” nextYou’d like to see several sentencing memorandums (humor-me, please), also for cases like yours. If HIPPA comes up, agree, but reply, with ADOBE or a black marker it’s possible to block out all personal info. Here we are looking to see if they all look the same. If they do, NEXT.

Once you find an attorney that you feel comfortable with, discuss finances, and request that ‘we each hold each other accountable’, as/should/when the defense moves forward, this needs to be a “team” effort.

ATTORNEY PREPARATION REMINDER: No attorney can guarantee to you:

1) that they know the Judge – so don’t worry, or

2) I promise that you will get “X” days or years – so we don’t need to prepare your narrative (for example), and last

3) a Great AUSA – prosecutor doesn’t always convert to a great White-Collar Criminal Defense attorney – that’s why we advise asking questions, because they may be a Great Defense Attorney, but there is only one way to find out.

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.

PRESENTENCE INTERVIEW PREP, PART IV Your NARRATIVE4th)Your NARRATIVEAre you happy with the DOJ’s Narrative that they released to the public via your indictment?To date, their Narrative of you has been read by your colleagues, family, and friends. It has also been read by your STAKEHOLDERS; your Attorney (and that may be all they know about you), The Prosecutor, The Probation Officer, and most importantly, your JUDGE.  Once you enter prison, they will be your Case Manager and Unit Team.

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.

PRESENTENCE INTERVIEW PREP, PART IIII3rd) If your medications are either on Non-Formulary, or not available [Therapeutic Drug Substitution Program (Page 44, 5/2022)], I suggest first getting your physician to review the BOP Formulary,