White Collar Advice

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.

If you are going to federal prison, learn how to master each stage of your journey. Here is a snippet from a blog I wrote at www.WhiteCollarAdvice.com: Stage 1 of 3: As you move down the U in stage 1, you will embrace the odd reality of leaving your community behind. You will focus on all that you are missing: your family, your toilet, sex, privacy, and your freedom. You may also spend days, as I did, obsessing about how you ended up in federal prison. It can be hard to accomplish clearly defined goals in stage 1—more on that later. Stage 2: In time, however, you will begin to slowly adjust and become more comfortable with imprisonment. Most prisoners in stage 2 fall into a routine of table games, TV, and exercise. Generally, prisoners reach stage 2 when they are halfway done with their prison term. In other words, if your sentence is 24 months, you'll enter stage 2, or the bottom of the metaphorical U, at 12 months. Stage 3: Ascending the U! As you ascend the U in Stage 3, your anxieties will return. This time, however, your anxieties don't have to do with leaving society. Your anxieties exist because you will soon be returning to society. By stage 3 you will have mastered and been conditioned to imprisonment. Rather than worrying about only spending $360 a month in the commissary (stage 1) or enjoying your four-hour exercise sessions (stage 2), the thoughts of bills, dealing with a probation officer, and rebuilding your life take over.