Earlier this week the team at Nicki Swift asked me the following questions: “Todd Chrisley is set to serve 12 years in FPC Pensacola, a minimum-security prison located in Pensacola, Florida, and his wife Julie will be serving her seven-year sentence at medium security facility FCI Marianna SCP, which has a minimum security satellite campus. Based on your knowledge, which Chrisley might have a harder time adjusting to their respective facility? – Todd, Julie, and the rest of the Chrisley family have been vocal about keeping their family together through their incarceration. How can families remain close in their situation? – Switching gears a little, another celebrity who has been in headlines recently for their legal woes is “Real Housewives” star Jen Shah. It’s been reported that Jen may be serving time at the same facility as Theranos CEO Elizabeth Holmes. Can you describe what meeting and socializing are like between inmates at a minimum security prison? – In both the Chrisleys’ and Jen’s case, their reality TV careers have taken a hit as their sentences draw near. How, if at all, can incarcerated celebrities keep their stardom alive while serving prison time?” I hope you find value in this podcast. Thank you, Justin Paperny

White Collar Advice is proud to sponsor Prison Professors Non-Profit Organization. Part of Prison Professors' mission is to help all justice-impacted people work their way through government investigations and prison. To help accomplish that goal the nonprofit shares insights and knowledge from subject-matter experts.  To that end, Prison Professor's non-profit was fortunate to have Jon Gustin join our live webinar last Thursday, January 5th. Jon worked for the Bureau of Prison for 24 years. He spent the last 20 years of his career leading and overseeing community-based re-entry programs. Below are a handful of the topics Jon and I covered together: Who determines placement in the halfway house? Who will access qualifications for placement in the halfway house? Transitioning from prison to the halfway house. The value of a release plan in the halfway house. How should a person respond if they run into trouble in the halfway house? Discussion on how earned time credits applies to people in the halfway house. What factors determine whether a person goes to the halfway house or home confinement? and more! We hope you find value in this webinar.  Simply visit www.WhiteCollarAdvice.com to register for our free weekly webinars. Thank you, Justin 

Regardless of what good Sam Bankman-Fried has done in the past, others will judge him for the criminal misconduct alleged in the complaint. In this podcast, I offer suggestions how Bankman-Friend should do as he prepares for trial or a guilty plea. Justin Paperny

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: Personal Narrative Sentence Mitigation Video 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.

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: " Hello!   I'm the morning show producer for KFI AM 640 in Los Angeles.   My host, Bill Handel, read an article about Justin Paperny and White Collar Advice in the NY Times and was fascinated by what your company does.   I wanted to reach out and ask if it was possible to make arrangements for Bill to interview Justin for our show.   Thank you!"   I am pleased to share my interview with Bill.    Justin Paperny

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.

Experience tells us finding a civil or criminal defense lawyer is easy--finding the right lawyer is another matter! Mike Berlon and I want to help! In this video, Mike and I offer advice to people who need help in hiring the right lawyer, right now. Further, if you have already hired a civil or criminal lawyer, you will learn strategies to hold your lawyer accountable. Throughout this video, you will hear Mike and I stress the importance of working openly and honestly with your lawyer—if you do not tell the truth, you are throwing money down the train and you’re setting yourself up for a bad outcome. Telling the truth requires introspection—if you are unable to look inward and fully understand the ramifications or the accusations laid out in a lawsuit or criminal indictment, ask for help. Too many people spin lies and minimize their conduct—in time (sometimes years down the road) they come to see things differently and recognize their actions were wrong, and in some cases, criminal. By then, it is too late. Do-overs, as we know, do not exist. We cannot change the past. In this podcast, Mike and I discuss the pros and cons of paying a lawyer an hourly fee versus a flat fee. Too many defendants hire lawyers they cannot afford. It is essential to understand how much they charge per hour, and if they are billing you hourly, you should get an idea of how much to budget. In some cases, a lawyer may be able to resolve a plea negotiation and guilty plea in less than 100 billable hours, preparing for trial in federal court would likely require several hundred billable hours. A flat fee may or may not serve your interest. Every case is different. On the plus side, a defendant that has a flat fee knows exactly how much to budget. On the negative side, a lawyer that receives a flat fee may be disinclined to devote much time to the case after he is paid. Before hiring a lawyer ask about the types of cases he or she practiced. A lawyer specializing in defending tax cases may not be the best fit for a defendant facing criminal charges related to mail fraud that could result in the loss of liberty. To the extent possible, use contacts and referrals to ascertain the expertise, honesty, and competence of lawyers with regard to specific types of cases, in a specific jurisdiction. When interviewing lawyers ask to speak to past clients (at least two) and check to see if they have had any issues with The State Bar. We also encourage you to review a few sentencing memorandums they have written. Unfortunately, some lawyers suffer from the God Complex. According to Wikipedia, a god complex is “an unshakable belief characterized by consistently inflated feelings of personal ability, privilege, or infallibility.” When lawyers suffer from the God Complex it becomes difficult to have your opinions or feelings heard—they essentially steam role you into submission. The result is cowering and fears rather than a healthy collaboration or partnership. Our team, including Mike and me, hope you find value in this video. Justin Paperny

US District Judge Davila will sentence Elizabeth Holmes to federal prison on September 26th. When Ms. Holmes surrenders to the minimum-security camp, she will go through an intake process, where administrators learn about her medical needs and background. She will surrender her clothing and personal belongings, submit to a full strip search, receive an initial clothing allowance, and bedroll and obtain a housing assignment. Ms. Holmes will hear from others that the best approach to serving time is to forget about the world outside and focus on the time inside. Others will say she cannot control what is going on outside and too much thought about the outside world will only aggravate her. We advise a more leadership-driven approach. The first night will be restless. She must adjust to the noise level of living in a room the size of an airplane hanger that she shares with hundreds of others. Officers walk through the unit several times during the night, shining flashlights in her face as she sleeps. It’s simply part of the journey. The federal will come to life after the 5:00 am census clears. Early morning risers will get up and begin using the bathroom at that hour. People with experience of living inside will know that the bathroom becomes increasingly more crowded as the minutes pass between 5:00 am and 7:30 am. Beating the rush makes a lot of sense. Since Ms. Holmes is new to the environment she will benefit from having an understanding of what to expect from living conditions in prison. There is a bathroom protocol that she must understand. With the total absence of privacy for people in prison, people will find that their peers accept them more easily if they make a commitment to adhere to the following basic unwritten rules of living in prison: Wait your return before showering. Do not look at others when showering. If a custom exists for people not to use some showers in order to offer an illusion of privacy in other showers, respect that custom. Do not engage in conversations with others in the bathroom. Clean area after using shower, bathroom, or sink. After taking care of personal hygiene, she should clean the area around her bed. Staff members will be finicky about tidiness in the housing unit. If Ms. Holmes makes her bed without wrinkles, keeps personal property inside the locker, and sweeps the area, she can proceed through the day without worries that staff members will reprimand her for untidiness. As Ms. Holmes walks toward the outside of the unit, she will see a “call-out sheet.” People may think of the call-out sheet as an appointment book. Staff members will schedule people to participate in specific activities every day. People who fail to show up for the call-out appointment expose themselves to disciplinary infractions for being “out of bounds.” After Ms. Holmes checks the call-out in the morning, she will leave the housing unit for the chow hall. Those who’ve experienced the military will recognize the basic, institutional food. The Admission and Orientation (A&O) session will be the start of Ms. Holmes initial adjustment. She will listen as a parade of staff members describe their role. She should not say anything during the A&O meeting that she would not want spread around the institution. Counselors will assign her a job that includes, food service, orderlies, education, maintenance or clerical. Elizabeth Holmes will have access to the commissary, usually, one time each week. Administrators authorize prisoners to spend $360 a month. Within the first month of her confinement, she will meet with her unit team. The Unit Team consists of the following staff members: Unit Manager (oversee programs), Case Manager (release date, transfers), Counselor (assigns jobs, bunks, visiting). Since Ms. Holmes will most likely have an outstanding financial obligation, her Counselor will present her with a Financial Responsibility Plan (FRP). Once in prison, Ms. Holmes may meet with a representative from the Psychology Department for an initial screening and enroll in RDAP, which can take a year off her sentence. To close, when people fail to prepare for life in federal prison they feel as if they’re wandering through the days. To the extent that she begins with a clear idea of the best possible outcome, the better she can reverse engineer a plan to succeed. She should consider the following questions useful in their preparation: Why do I find myself in this predicament? How can I pursue a deliberate course of action to ensure that when I move into the next phase of my life, I’ll advance the possibility for a full and meaningful, relevant life? How am I defining success at each stage of the journey ahead? If you are going through the criminal justice system, we encourage you to answer the same questions. Best, Justin Paperny  

In this video with Dr. Phil, I discuss the four points or sentencing elements defendants must express in a probation interview and in their personal narrative to the Judge. At White Collar Advice our experience convinces us that investing in an effective sentence-mitigation strategy makes all the sense in the world for individuals convicted in federal court. After all, judges will rely upon the federal sentencing guidelines as a resource when determining an appropriate sentence. The range within those guidelines, in many cases, can be measured in years. As I discuss with Dr. Phil, a sentence-mitigation package would go a long ways toward influencing the judge to perceive the individual as a fellow human being. The guidelines endow the judge with discretion, and factors that may be relevant to an argument for a lower sentence may include: • Mental state of mind • Emotional condition • Substance abuse • Remorse • Recompense •Motivations •Treatment •Physical condition •Physique •Military service •Financial circumstances •Familial circumstances •Community contributions There is a history of case law that shows judges do in fact depart downward from guideline recommendation. In every one of those downward departures, someone has made a compelling, persuasive argument that the government vehemently opposed. The Supreme Court has mandated that judges must consider all mitigating factors that are relevant to any purpose of sentencing. But if the defendant doesn’t raise those mitigating arguments, then the judge will not consider them. For that reason, our team members at White Collar Advice are adamant about working with clients to prepare the most effective sentencing-mitigation strategy as possible. We encourage individuals who cannot work with White Collar Advice on an independent basis to invest themselves fully in their effort to make a persuasive case for leniency. They must provide their defense attorney with the necessary resources to argue forcefully. We urge those who are serious about wanting to serve the least amount of time possible to invest the time, energy, and resources on creating the most effective sentence-mitigation strategy possible.