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What Do Judges Mean When They Say, "Show Me How You're Fixing It, Not That You're Sorry"?

What Do Judges Mean When They Say, "Show Me How You're Fixing It, Not That You're Sorry"?

White Collar Advice

September 6, 20258m 34s

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Show Notes

We can't change the past. But if you're under investigation, you can absolutely influence what happens next. Too many defendants keep their heads down, pay back some money, plead guilty, and think that's enough. It isn't. Judges expect more than compliance or boilerplate apologies. I've been to sentencing hearings where defendants beg for mercy with the same lines: "I'm sorry. I'll never do it again. I cooperated." Judges see through it. They want proof you're different from the government's version of events. That means showing—early and often—what you've learned, what you're fixing, and how you're building a new record. Judge Ralph Erickson put it best: "Tell me something your client did when no one was keeping score." If you don't start writing your own slate, the government will fill it for you. In this episode, I share what real mitigation looks like and why it starts today.

Justin Paperny