White Collar Advice

I was asked by a journalist to weigh in on claims that James Comey and Letitia James were victims of a two-tiered system. My answer surprised her. In 16 years, I've seen thousands of federal cases. Even with the best lawyers money can buy, I've seen one case dismissed. One.

Dismissals are almost nonexistent. When high-profile defendants get their cases tossed, that's the exception—not the rule. A sympathetic judge and a compelling narrative matter more than outrage.

Don't plan your future around rare outcomes. Prepare for what usually happens.
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After 16 years in this space, patterns repeat. I describe a former U.S. Attorney—now a defense lawyer—calling a false-statements case "ridiculous." The irony? He once brought the same kind of case as a prosecutor. Not because it was justice, but because he could.

False-statement cases are easy to charge and hard to undo. DOJ data shows they're often stacked to increase leverage, not clarity. Assuming a case will "get dropped" is how people misjudge risk and lose control.

Understand incentives, not excuses. Prepare accordingly.
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Walking the track at a minimum-security camp isn't what defines your future. What comes after release does. People who assume prison is the finish line usually struggle most when the structure disappears.

Literature matters in prison because it puts suffering in context. Reading about people who endured war, poverty, or decades of confinement—and still rebuilt—changes how you see your own situation. Justin's example is blunt: compared to people with no family support or education, many white-collar defendants start with advantages they ignore.

Prison doesn't have to define you. What you do with perspective does...

Small choices carry consequences inside federal prison. Gambling tied to recreational sports leads to injuries, debts, and disciplinary shots. Gossip and constant complaining create enemies fast. One common mistake is venting about a short sentence—off-putting when bunkmates may be serving ten years or more.

Time alone matters. It reduces exposure to conflict and bad decisions. Keep distance from staff. They aren't confidants, and casual comments can become reports. In federal prisons, many incident reports start with unnecessary conversation, not violence.

Keep your head down. Control your mouth.
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When people panic, they talk. They explain inconsistencies, justify decisions, and try to "clear things up." That usually backfires. In one real case, a defendant already under indictment took a call from a former colleague—unaware that the caller was cooperating with the government.

The cooperator was coached to call, ask questions, and even lie if needed. The defendant opened up. Weeks later, prosecutors filed a superseding indictment. That single call made his situation worse.

Assume everyone has an agenda. Silence protects you.
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Most White Collar Advice clients serve time in minimum-security camps, often with sentences under five years. That matters. You're entering a place where others have lived for decades. The smart move is humility—lay low, don't manipulate, and drop the TV-driven myths about prison life.

Real problems often start at night in TV rooms—gambling, noise, and tension. One practical fix: remove yourself. Waking up before the dorm creates a quiet two-to-three-hour window for thinking, planning, and staying out of trouble.

Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern.

Justin Pape...

After a talk in Los Angeles last week, I realized how much people still misunderstand about prison. The questions I got weren't academic—they were based on assumptions that can actually hurt someone once they're inside. That's why I recorded this episode.

I walk through five prison myths I hear all the time. One is that minimum-security prison is just boring. Boredom is real, but that's also the danger. Idle time is where people waste years. If you use it right, prison can be a reset, not a holding pattern.

Another myth is thinking you "ha...

This episode comes from a rough week—the kind where you know exactly what to do and still don't do it.

I record this after getting a call no one wants. Months earlier, someone in the community said he was cooperating and his lawyer told him that was enough. Probation. No prison. I pushed back and pointed him to an interview with Paul Bertrand, the FBI agent who arrested me. Bertrand said something that stuck: in his entire career, only one person avoided prison because of cooperation alone.

I urged this person to prepare anyway. Bui...

This episode starts mid-run, right after I get a text that simply says, "You were right."

I explain what led up to it. Two weeks earlier, a member of the community read his sentencing statement out loud during a webinar. I had already reviewed the letter I planned to give the judge and told him plainly: if you want less time, you need to rewrite this. The judge he was facing wouldn't give credit for paying restitution, even if the amount was large. Paying taxes and making victims whole is expected, not rewarded.

I warned...

This episode was recorded on the way into sentencing, after a long night and with real life still moving in the background. The government is asking for three years in prison. There's no dramatic speech here and no last-minute plea for mercy.

I talk through what actually matters at this stage. Not promises. Not saying you'll never do it again. Judges hear that every day. What stands out is a record.

I reflect on someone in the community who didn't ask for forgiveness. I just did the work. Daily meetings. Volunteering hundreds of hours and...

In today's episode, I share some personal thoughts on the news that Tai Lopez has been charged by the SEC with running a $112 million Ponzi scheme through his company, Retail Ecommerce Ventures.

I've followed Tai's work over the years—not as an investor in his 67 Steps or any of his programs, but as a marketer interested in how he built an empire around books, Lamborghinis, and lifestyle branding. Millions admired him, millions hated him, but nobody ignored him.

Now he's facing something I know all too well: an SEC case that could be referred to th...

In this episode I go back to April 28th, 2008, the surrender drive my mom and older brother made with me, the gas station in Bakersfield, the very bad Carl's Jr. meal, and the fact that I walked in without a plan until I met Michael inside, I explain how that mentorship led to my first asset, a daily writing commitment that started on October 12, 2008, I sent pages to my mom, she put them on the internet, I got praise and criticism and kept going, I lay out why I tell people to write something today—even a napkin note—and...

In this episode I talk about family, because I saw the heartache and I also saw the hope in visitation, I lay out why complaining about peanut butter, mail call, alarms, and cold water does nothing at home while gratitude, studying, writing, preparing, and engaging in programs actually changes how your family experiences your time, I share how Michael helped men strengthen letters to judges, probation, and employers, and why telling the truth on calls matters more than fishing for sympathy, I get into Viktor Frankl on the why, Marcus Aurelius on perspective, and Epictetus on where to put...

This episode focuses on reputation from the inside—how people will thin-slice you in seconds off a DOJ press release and why you can't leave the frame empty. I walk through saying "don't use my name" to using the conviction as a conversation starter, writing daily, and handing out a signed book. We hit Blink (snap judgments), Montaigne (hard questions on the page), and Jim Rohn (work harder on yourself than on your job). Then I spell out what to post where people can see it: biography, journals, book reports, release plan, testimonials—time-stamped entries that add up to a bo...

This episode is a push against waiting. I walk through the driving-range text—"you were right"—and the call that followed: a target who delayed prep through discovery and then learned cooperators had already proffered while the government moved ahead. We cover why time is against you (think blitzkrieg), why case managers and other stakeholders form opinions daily, and why segmenting the next hour and the next week is the only way to move. I lay out grounded asks: the right prison request, specific facility and programming (including RDAP) on the record, a surrender date that aligns, redesignation if need...

This final episode in the pre-sentencing series strips it down to the basics: if you don't build your record, the government's version stands uncontested. I talk about the common mistakes defendants make—waiting, trusting lawyers to handle everything, assuming cooperation or restitution will be enough—and why those choices lead to longer sentences and regret. I share the story of the physician told to work at KFC in the halfway house, and how it traces back to lack of preparation. I also revisit David Mulder's case, where ignoring his lawyer's advice and creating a narrative helped him get probation inst...

In this episode, I put the spotlight on pressure and proof, not talk. Tracii Hutsona took a 51-month sentence after a tough victim impact statement and refused to drift. She surrendered with a written plan, shared it with family and a Tucson case manager, taught others how to write and document, and those efforts went into her central file. With evidence, updates, timelines, and third party support in place, she showed progress to her case manager, the warden, probation, and her judge, and asked to be considered extraordinary and compelling under the First Step Act. The judge cut nine...

In this episode, I dive into what Michael Santos taught me about the quadrant theory and how it shaped my prison adjustment. He broke down every day into 1,440 minutes—about 1,000 after sleep—and made me see how each of those minutes mattered. I explain the four quadrants—high risk/low reward, low risk/low reward, high risk/high reward, low risk/high reward—and how every decision in prison fits into one of them. I share why documenting your journey is high risk but high reward, why reading with purpose is low risk but high reward, and why wasting time wit...

In this episode, I share the story of a physician who discovered too late that his sentencing memorandum didn't reflect any of his work, and I contrast that with David Mulder, who decided to take action even when his lawyer told him not to. David watched interviews with federal judges, realized he hadn't "fixed the window," and reached out for help. Together, we created a narrative, got it into the probation report, and built on it with volunteering, speaking, and character letters. His lawyer had no idea our team was involved, but the strategy worked. Guidelines called for 48 to 60...

When I was indicted, I let my lawyer speak first, then my friends and family. My own voice came last—and weakest. Judge Boulware once said the order of mitigation must start with the defendant. Yet most people get it wrong, and judges see straight through the excuses. In this episode, I break down why defendants can't outsource their story, why boilerplate hardship claims ("I'll miss my family," "I'll lose my career") fall flat, and how honesty about privilege, mistakes, and collateral consequences actually earns respect. We even discuss a father with an autistic child who found leniency by ad...

In this episode, I share what I learned about prison friendships, documentation, and credibility. Some people surrender with a plan, only to have a case manager dismiss it. That can be a test. They're watching how you respond. I tell the story of a physician who quietly earned extra time in the community just by living consistently and productively. And I also share my own mistake—aligning with the wrong friend, Arthur. At first he encouraged me to exercise, but soon I saw the mockery, the judgment, and the hypocrisy I was enabling. Breaking away freed me to spend ti...

In this episode, I share what I learned inside federal prison about how people adjust, why so many regret their time, and how the U-shaped curve explains it. Early on, I spent my days exercising until Michael Santos asked me how much I'd earn for doing pull ups. That question, along with watching friends panic as release drew near, pushed me to shift. I cut down exercise, started writing, lined up work opportunities, and built something I could show to probation and future employers. Too many people coast at the bottom of the U and then face release with...

A year ago, we spoke with an executive whose lawyer told him to "get off the internet and wait." No plan. No preparation. Just bills piling up. Meanwhile, the government was working full-time to build its case. This defendant finally realized silence wasn't a strategy, fired that lawyer, and began creating proof of who he really was. In this episode, I walk through the email Michael Santos sent him—a framework built around values, history, and action. Judges don't care about polished excuses; they care about evidence of growth and contribution. Family responsibilities, work history, reflections, even simple journals—all...

I had to be blunt with someone in our community this week. He'd proffered, cooperated, paid restitution, hired good lawyers—and still thought that meant prosecutors were his friends. They're not. Their job is to convict, and they'll use every resource to do it. Probation officers aren't neutral either. They see themselves as protecting society, and unless you influence the report, it usually mirrors the government's version of events. Judges? Most came from prosecution. They review hundreds of cases and usually align with what's in front of them: prosecutor, probation, defense memo. If that's all they see, you lose by...

In this episode, I move beyond the story of surrendering to prison lost and confused, and focus instead on how to prepare for a successful journey before you even walk through the gates. I cover practical steps like designating a primary point of contact, understanding the Financial Responsibility Program, limiting how much cash you surrender with, and preparing for health and medication challenges. I also talk about building deliberate reading lists, documenting your progress, and using what we call the quadrant theory to evaluate prison decisions as high or low risk and reward. This isn't about abstract ideas—it's ab...

On April 28th, 2008, I surrendered to the Taft federal prison camp, three years to the day after the FBI came to my door. I wasn't ready. I stuffed myself at Carl's Jr., lied to my family, and walked in with no real plan other than to exercise and keep my head down. In this episode, I talk about what it felt like to go in lost, the lessons I learned from my mentor Michael Santos, and how creating something tangible—a handwritten blog—became the turning point for my time inside. I share how reading with purpose, writing daily, and...

I admire when people try to create assets—letters, statements, narratives—for sentencing. But if you send the wrong message, it can backfire. In this episode, I walk through a real example of what not to do. The letter sounded polished, but the message was all wrong: I'm not like other criminals. Everyone in my industry did it. Prison isn't necessary for me. Judges don't hear remorse in that—they hear arrogance, excuses, and zero empathy for victims. Judge Bennett once told us a good allocution can reduce a sentence if it shows responsibility, a plan, and real change. The op...

When I stood in front of Judge Steven Wilson, I never thought about his values—or how mine compared. Looking back, I should have. Judges, prosecutors, probation officers—they all form opinions about you, and if you don't create a record, the only version they see is the government's. In this episode, I walk through an exercise I wish I had done as a defendant: list your judge's values and ask how yours align. Discipline, accountability, public service—are you showing those in your life right now? I also share ten questions every defendant should answer, from how prosecutors see yo...

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...

When UBS fired me in 2005, I wasn't thinking about a government investigation. I was worried about my job, my clients, and how to spin a story. Three months later the FBI knocked, and I lied. Then I went dark for a year, convinced they'd forgotten about me. They hadn't. During that time, I should have been building a record that countered the government's version of events. Instead, I left the field wide open, and the government set the tone with their press release. In this episode, I talk about why silence makes you weaker, why judges do read everything...

In this episode, I share what I wish someone had told me when the FBI knocked on my door back in 2005. I didn't handle it well. I stayed silent, told half-truths, and thought expensive lawyers and keeping busy would protect me. It didn't. By the time the plea came, the government had already built the case and written the narrative. The DOJ press release branded me a criminal, and I had nothing in my file to counter it. In prison, I met Michael Santos, who pushed me to stop staring at shadows and start creating proof of who I...

Stop Wasting Time—Start Proving You Deserve Leniency
A defendant facing sentencing told me, "I wish I knew then what I know now." But wishing doesn't move the needle. His probation officer already sees him as "trash." That perception won't change with excuses. In the next two weeks, he needs to document growth—something that proves he's more than a case number. Judges and probation officers don't reward regret. They respond to action. Start showing—not just saying—what you've learned, what you're doing, and how you'll rebuild.

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George Santos told Tucker Carlson, "I don't think I survive this."

CNN asked me if that fear was justified. I've served time in federal prison, and over the last 15 years, our team has worked with thousands of people getting ready to surrender—people from all backgrounds, including high-profile defendants like Santos.

He's reporting to a minimum-security camp, not a violent facility. But fear isn't unusual. What's unusual is how public he's been about it—and how little he's done to prepare.

In this segment, I break down:

– Why fear isn't the proble...

Share the Progress—Don't Just Ask for Leniency

Judges hear promises at sentencing all the time—but most defendants don't follow through. One member of our community did. He documented his daily prison routine, reported what he was learning, and shared how he was preparing to live responsibly and repay victims. His consistency paid off: a judge resentenced him to time served under the First Step Act. The takeaway? Don't wait until you want something. Build a record. Share it. Show it. That's how you earn trust—and liberty.

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Accountability Starts with Ownership—Even for High-Profile Defendants

People criticize offering advice to figures like Elizabeth Holmes or George Santos. But real change starts the same way for everyone: by accepting full responsibility. I learned this firsthand in federal prison. Once I stopped deflecting and said, "It's all my fault—here's what I'll do moving forward," my life began to shift. That mindset—combined with a clear plan and consistent documentation—builds credibility with stakeholders. You won't win everyone back, but you can earn trust from those who matter.

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The Real Cost of a Conviction

When people think about the biggest consequence of a criminal conviction, they often focus on prison, DOJ press releases, or the guilty plea itself. But as Justin Paperny shares, the deeper cost comes later: isolation. After prison, even success draws skepticism — online hate, accusations, even extortion attempts. Justin's viral video brought both praise and attacks, but years after prison, he's learned to feel indifferent. That indifference, though, comes with loneliness few understand.

Takeaway: The emotional aftermath of conviction lingers long after release.

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Why Sean Combs Won't Get Time Served Without Effort

Too many assume Sean Combs will get time served, but that's lazy thinking. As I explained on Law and Crime, federal judges don't just hand out leniency — they need proof. In Combs' case, the judge cited his past criminal history when denying release, showing skepticism already. A lawyer's polished statements won't cut it. What matters is what Combs is doing himself — in prison — to show personal growth, remorse, and commitment to change. Judges listen when probation officers vouch for real progress, not paid defenses.

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Summary: Define Success, Then Own It in Prison

In federal prison, success doesn't look the same for everyone. Some people write books or prepare for release; others play pickleball or use an iPhone to stay connected. What matters is that you define your own goals and commit to them, without stalling or blaming others. As Michael Santos and I teach, no one else—not even your spouse—can carry that responsibility for you. A real-world example: I once told a frustrated caller, "I'm not your husband's parent—he has to decide what progress means." Want practical guidance on how...

Early Action Matters in Federal Cases

Last week, I spoke with a pharmacist indicted for illegally distributing opioids—millions of pills. Back in February, he was scared but convinced the government lacked evidence. Now, months later, he's panicking. Why? Others cooperated early, gave information, and left him with nothing to offer.

Here's the truth: DOJ prosecutors work full-time. Waiting only shrinks your options. One study shows over 90% of federal cases end in plea deals—and those who act early often see better outcomes.

If you're under investigation, ask yourself: what's your plan? Don't wait...

Sean "Diddy" Combs will be sentenced on October 3rd. In this video, I explain why it's a mistake to focus on predictions about whether he'll get time served. I served time in federal prison, and I've worked with hundreds of defendants preparing for sentencing. 

Judges don't rely just on lawyers. They don't base their sentence on public statements or reputation. They read the probation report—and they often rely on the probation officer's recommendation when justifying the sentence. If Diddy wants leniency, he'll have to earn it through daily, documented effort. That includes how he uses his tim...

In this episode, I reflect on a recent conversation with a father who waited too long to act during a federal investigation—and what Robert Greene's The 33 Strategies of War teaches us about timing, silence, and influence. We connect Greene's strategies to earlier themes from Montaigne, Seneca, Camus, and Ayn Rand, focusing on how people lose ground not through action, but through delay. This isn't about sentencing. It's about how others judge what you build—or what you fail to show—while the window is still open.

Justin Paperny

Since 2009, 87 people in our community have gone to trial. Every one of them lost. It's not a statistic I share with pride, but it's the truth. We don't represent people at trial. We don't write motions. We're not defense attorneys. But we work with people who going to trial. And since odds are they lose, including the innocent, we encourage people to prepare.

Conviction Isn't the End—It's the Beginning of Regret

Watching Isn't Enough—You Have to Do the Work

If you're on this channel, you're likely under investigation—or love someone who is. Watching videos helps, but action matters more. Six weeks ago, I told a doctor to role-play sentencing with his lawyer, review the sentencing memo, and help shape his story. He didn't. The night before sentencing, he hadn't even read the memo. His lawyer's advice? "Do the best you can." That's not a plan. If you want the shortest sentence, you can't be passive. You have to advocate, prepare, and implement—every step matters.

Joi...

Tell the Truth Early—or Pay for It Later

After prison, the agent who arrested me invited me to speak. He told the crowd, “Had Justin told us the truth in that first interview, we wouldn’t have recommended indictment.” That moment stuck. I wasn’t honest because I wanted my lawyer—and the agents—to see the “good” version of me. But hiding the truth backfired. Most defendants walk into proffer sessions and probation interviews totally unprepared. I did too. And it cost me. If you're not ready to be honest—with your lawyer and the government—you’re ri...

Why I Almost Wasted My Prison Term

When I met Michael, he'd served 22 years. I had 18 months. He said, "I'll do every day with you," and he meant it. He became a mentor—but I resisted at first. One day he asked, "On a scale of 1–10, how hard are you preparing to go home?" I said, "One." His reply hit hard: own your choices or keep asking for favors when you get out. Most people inside didn't plan, didn't lead, didn't prepare. I was no different—until I listened. Don't waste your sentence. Lead your own rebuild.

When You Resign From a Brokerage: The Scramble for Control and Clients

Leaving a brokerage isn't smooth—especially on a Friday. In this story, my resignation sparked panic. The branch manager tried to lock us in, knowing UBS would want our clients fast. The firm technically owns the accounts, so they handed them to top brokers who smeared us to keep assets in-house: "Justin's gone," "your account's too small," "it's not worth switching." One broker got $70 million in client assets dumped on his lap with one mission: keep it. That's the pressure. That's the game.

Re...

Rebuilding Starts the Day You Plead Guilty

Once you plead guilty, stop blaming others. You're not a victim—you're responsible for what comes next. I wasted my first few months in prison until I shared a cubicle with Michael. He helped me shift my mindset: create assets, take control, and provide value. That's how you rebuild. Write. Document your journey. Offer something useful to others. These steps matter now—not six months before release. Judges and probation officers don't care about promises; they care about proof. You've got time—use it right.

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Don't Just Say You're Sorry—Show It

Saying "I'm sorry" won't carry much weight with a judge. What does? Proof. Michael told me: create an asset. Write a book. Draft a reentry plan. Start a blog. I wrote a letter to my judge from prison—and that changed everything. These assets show effort. They give judges, case managers, and probation officers something real to read and consider. But here's the catch: it takes work. Most wait until it's too late. If you're not documenting who you are now, you'll lose the chance to show it later.

J...

How Cooperation Helped—And What Didn't

For a year before sentencing, I worked with the SEC to explain how the fraud at UBS unfolded. That effort paid off. The SEC told the DOJ they didn't view UBS as a victim, which meant I didn't owe $8.5 million in restitution. Investors got their money back—thanks to UBS, not me—but it helped reduce the financial damage at sentencing. Still, the judge wasn't swayed. He saw someone with every advantage who chose to look the other way for money. His message: you got caught, others don't. That's why you're going...

I Got a Second Chance—But Only Because My Co-Defendant Blew His

Six months after I pled guilty, I got a call: my co-defendant Keith had been indicted again, this time for hiding assets through a straw buyer. That move tanked his credibility—and opened the door for me. The government wasn't going to use most of what he said against me. Instead, I got a shot to cooperate with the SEC. They wanted details about how UBS let a small-time hedge fund operator run unchecked. My lawyer made it clear: this could cut years off my sent...

I Lost My Chance to Cooperate—And Paid the Price

By the time the government came to me, they already had their case—thanks to my client, who got ahead of it and cooperated. I didn't. I lied. That lie cost me the chance to earn credit for cooperation. When my lawyer told me I could either plead or go to trial and lose, the plea deal on the table was five years. That phone call came 10 months after I thought I'd moved on. The press release didn't name me, but I knew who the "co-conspirator" was.

How I Went from Witness to Target in One Meeting

I walked into the meeting thinking I was just a witness. But seven minutes in, the FBI asked if I remembered a press release claiming my client's hedge fund returned 27% annually. I said no—twice. Then they showed me proof: an email I had written mocking that very claim. My lawyer ended the meeting on the spot. I wasn't under oath, but I had just obstructed a federal investigation. That moment changed everything.

Real lesson: Lying—even casually—can turn you from witness to defendant fast.<...

The Day the FBI Knocked—and I Blew My Chance to Mitigate

On April 28, 2005, the FBI showed up at my door. I wasn't prepared. I had already left UBS, but they were investigating my past role in the GLT Fund. Instead of hiring a criminal defense attorney, I hired a civil lawyer. I walked into that FBI meeting with zero preparation—blaming others, denying responsibility, and lying to my lawyer. What I said that day helped seal my indictment and eventual prison sentence. If you don't own your role early, the government will define it for you.

When Denial Ends and the Paper Trail Starts

On June 16, 2002, I took a client's money knowing deep down it would end badly. By December 15, 2004, it did. A forged letter—on UBS letterhead—claimed investors would be made whole if the hedge fund collapsed, with my name signed at the bottom. Only, I never signed it. My branch manager had me write my signature eight times. It didn't match. That's when the truth started unraveling and the investigation began. In white collar crime, everyone suddenly "knows nothing." But the evidence—emails, letters, signatures—tells the real story.

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Covering Yourself Doesn't Erase Complicity

At a meeting, an elderly investor believed he had $3 million. The truth? Less than $1 million remained—and the rest had been gone for years. That moment forced a decision. Instead of reporting the hedge fund manager's fraud, the brokers created a disclosure form to shield themselves. The commissions—$100K to $200K per month—kept coming. UBS compliance signed off. But protecting yourself on paper doesn't undo your silence. It just documents your complicity. Inaction, when you know the truth, is a choice—and prosecutors will treat it that way.

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In 1997, I was a new broker at Merrill Lynch with $10–15 million raised, but management pressured me to join a team. I watched how that model worked: junior brokers gave up their books and ended up doing all the work while senior partners took the credit—and the commissions. They stopped prospecting, stopped growing, and eventually got pushed out. I saw a system that rewarded the wrong things and punished effort. I made a vow then: I wouldn't play that game.

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When Commissions Blind You to Consequences

In this story, $6 million was lost due to reckless trading. The broker wasn't managing the money—just executing the trades—but the commissions kept flowing: $100K to $200K per month. Compliance knew. So did the broker. Then came another $6 million, raised under false pretenses. That's when denial turned into criminal conduct. Even without speaking to investors or managing funds, continued involvement became complicity. Ignoring red flags because you're getting paid doesn't shield you from prosecution—it buries you in it.

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When the FBI knocked on my door in 2005, I thought I could manage the situation. I was wrong. In this episode of The Presumption of Innocence, I sit down with defense attorney Matt Adams to unpack the moment everything changed—how I hired a lawyer, ignored his advice, lied to federal agents, and turned what might have been a civil case into an 18-month federal prison sentence.

We talk about what really happens during a government investigation, why cooperation is meaningless without credibility, and how my co-defendant used my mistakes to earn a better outcome. I also sh...

When You Know It's Wrong—But Do It Anyway

On June 16, 2002, I took a $6 million hedge fund transfer from a manager I knew had a shady history. I knew it would go bad—and I took the money anyway. Why? Because I needed to hit my numbers. That's how many white-collar crimes start: not with some grand plan, but with a moment of pressure and a willingness to ignore the red flags. I had grown up with opportunity, yet I still crossed the line. It cost me everything.

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What I Learned About Status in Federal Prison

When I arrived in federal prison, I thought people would judge me based on my white collar conviction or my 18-month sentence. I was wrong. No one cared about my crime or background—what mattered was how I behaved. I learned fast: don't brag, don't complain, and don't act like you're better than anyone else. A felony levels everything. Whether you did 18 months or seven years, the system resets you. One guy at my camp mocked another for whining about his short sentence—and it got ugly. That taught me...

How Ego and Entitlement Led Me to Federal Prison

I thought I deserved a raise. I was bringing in big commissions and figured I'd earned more. When my senior partner laughed me off, I didn't just get mad—I got even. I found a loophole in Bear Stearns' accounting system and used it to steal what I thought I was "owed." That decision—rooted in entitlement—started a slow slide: I ignored my clients, stopped taking care of myself, and justified every step. It ended with me standing for count in federal prison.

Real consequence: Ration...

Entitlement Will Keep You in Federal Prison Longer

In federal prison camps, you can act entitled—but it will cost you. One white-collar defendant mocked the drug program on a recorded call. Another inmate tipped off staff. Result? He was kicked out and lost a year off his sentence. Programs like RDAP and home confinement under the new BOP directive reward preparation and follow-through—not arrogance. Staff already view white-collar defendants as manipulative. Don't prove them right. Build a record that shows real change, not gamesmanship.

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Following Through After Prison: Why June 3rd Still Matters

In prison, it's easy to talk about rebuilding your life. Following through? That's the hard part. On June 3rd, 2009—fresh out on a four-hour halfway house pass—I suited up, grabbed 20 copies of Lessons From Prison, and walked into downtown L.A. law offices, pitching my book cold. Most people ignored me. One threw me out. But one lawyer, Mark Werksman, shook my hand—and years later, he's still handing that book to his clients. That day wasn't glamorous, but it was real. If you're serious about making amends...

Why the Masterminds Might Get Less Time Than You

An executive who committed PPP fraud called me after learning he's facing serious time. Ten years ago, he saw me speak—long before he got into trouble. Now, the FBI has already flipped the ringleaders, and because they had information to trade, they may get shorter sentences. He doesn't. That's the reality: in federal cases, the last to cooperate often pays the highest price. It's not always fair, but it is predictable. Don't wait.

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What Happened When the Judge Interrupted His Allocution

A former executive stood before a judge and tried to frame 12 years of fraud as a one-time mistake. The judge cut him off—furious. Why? Because the message didn't match the facts. If you want a shorter sentence, honesty matters more than spin. Own the truth, even the worst parts. A better allocution would've admitted the long-term fraud, explained the mindset, accepted responsibility, and outlined a plan for change. Judges can spot a fake. Don't give them a reason to doubt you.

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How One Man Avoided Charges by Preparing Early

While celebrating my son's birthday, I got news: someone in our community avoided federal charges because he prepared early. Instead of staying silent after sensing trouble, he retained a lawyer, studied our proffer resources, and spent hours building a record showing why he was worthy of leniency. The FBI didn't raid his home—because he was ready. I wasn't in 2005, and I paid the price. Silence isn't a plan. Hope isn't a defense.

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When Reality Hits in Federal Prison

One week into my sentence, I called my sister-in-law and said, "I'm ready to come home now." I finally understood the weight of my decisions—but I still had 371 days left. That's the mistake: thinking regret is enough. It's not. A bad choice can cost you your freedom, reputation, license, and business. I learned that the hard way. If you're under investigation or facing time, don't wait until you're inside to realize what's at stake.

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Why Your Reentry Plan Matters—Even If You Think You Don't Need One

The First Step Act allows early release for people who show they're extraordinary and compelling—but that requires proof. That means building a clear reentry plan before prison. Don't just say you've changed—show it. Document what you're learning, how you're contributing, and why you won't return to court. Case managers hear excuses every day. What they rarely see is real preparation. I told the Chrisleys the same thing before they surrendered: show your work. That's how you influence outcomes.

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Cooperation Isn't Enough: Build a Record That Earns Leniency

A defendant called me in a panic after hearing retired FBI agent Paul Bertrand—who arrested me—speak at our webinar. Paul said that in decades with the Bureau, he saw only one case where cooperation alone kept someone out of prison. The defendant realized he'd spent three years doing nothing but cooperating. No restitution. No work. No progress. Just waiting. His lawyer finally told him the truth: cooperation helps, but it doesn't replace action.

Real leniency comes from showing change, not just cutting a deal.

The Chrisley Pardons: What Comes Next Matters More Than the Headlines

Todd and Julie Chrisley were pardoned—and the reaction has been split. Some say it's unfair since they went to trial and didn't admit guilt. Others say their prison terms were too long. I've worked with the family post-sentencing and with their daughter Lindsay on media strategy, so I get why people ask my take. Here it is: we send too many people to prison. Warehousing people in minimum-security camps for decades—like my partner, who served 26 years for a nonviolent drug crime—doesn't help victims or soc...

Start Preparing Before the Government Finishes Building Their Case

If you're under investigation, don't wait. A young man in San Diego hesitated to prepare because his lawyer said it might "look guilty." But let's be clear—getting arrested already did that. The government doesn't sit around; FBI agents start investigations with timelines, victim interviews, and spreadsheets. Why should you be any different? Like an athlete preparing for postseason, your job is to show progress, not panic. Waiting doesn't help—it only gives them a head start.

Real Step to Take: Document your efforts, build a miti...

Why Doing the Work Still Matters—Even If It Doesn't Shorten Your Sentence

A man texted me during Mission Impossible asking, "What if I do everything and still get the same sentence?" My answer: it's still worth it. If you're building a real record—seeking work, helping others, showing victims you mean it—then you're not just reacting to your case, you're reshaping your identity. Michael Santos spent 26 years in prison and heard the same doubts. He didn't wait. Neither should you.

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White Collar Crime, Immigration, and the Cost of Inaction

A man living in the U.S. for over 30 years ignored clear warnings: he wasn't a citizen, and he was under white collar investigation. I told him last August—get a lawyer, get ahead of it, read the DOJ's memo on self-reporting and immigration risk. He brushed it off. Now, he's detained without bond and will be deported after serving time. This isn't theory—it's real. The DOJ is prioritizing immigration enforcement and rewarding early cooperation in white collar cases. Don't wait.

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After Monday's webinar, my inbox filled up. A few people said they learned something. Some asked where to start. But most just admitted they felt stuck.

They said things like:
"I'm too ashamed."
"I'm too old."
"It's too late."
"What's the point?"

This episode is about those questions—and the quiet decision to do nothing that usually follows them.

I share real stories: a doctor who said he'd do anything except the one thing that mattered. A father who claimed family was his highest value but couldn't spend two ho...

What a Retired FBI Agent Says Defendants Always Get Wrong

Last week, I interviewed retired FBI agent Paul Bertrand, and his message was blunt: stop calling your crime non-violent or victimless. He's seen fraud victims lose everything—money, businesses, even their lives. And if there's no clear victim? The "victim" becomes the taxpayer, because federal resources were spent on your case. Bertrand believes sentences should be longer for white-collar offenders who dodge accountability. If you're facing charges, don't waste time defending labels—start preparing to show how you'll make things right. Join our weekly webinar every Tuesday at 1...

Why Hiding a Federal Conviction Can Destroy Your Business Later

A man who avoided public disclosure of his federal conviction is now paying the price. Ten years after prison, a competitor exposed his past to clients, costing him contracts and credibility. He once told us, "I didn't think anyone would find out—there was no DOJ press release." But silence isn't strategy; it's a time bomb. Disclosure, even when uncomfortable, builds trust and control. This story proves it: if you've got a federal record, the risk of staying quiet is bigger than the hit of being honest. Jo...

Why Some People Waste Their Federal Prison Experience

Sixteen years ago, I spent my first full day in a halfway house. One guy there, a former pharmacist, walked around quoting philosophers, yet couldn't face the one truth that mattered: he never took responsibility for his crime. He said he did "nothing wrong"—just like the many defendants who still call me today blaming Trump, Pelosi, or anyone else but themselves. That mindset guarantees failure. He later violated probation. The lesson? Quoting Nietzsche won't help if you're still lying to yourself. If you're ready to stop wasting time an...

Saying "Family and Freedom" Isn't Enough—You Have to Prove It

Nine weeks ago, I gave a free course to an executive facing federal sentencing. He said family and freedom were his top values. I believed him—until he ignored the course and skipped key steps I recommended. Today, his probation officer is recommending 5 years, calling him elusive and evasive. Why? His actions didn't match his words. This happens constantly: defendants say they'll prepare, but they don't follow through. The government doesn't wait. If you say you value your freedom, show it. Start now.

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What I Promised Myself on My Last Day in Federal Prison

On May 19, 2009, I walked the track at Taft federal prison for the last time. Sixteen years later, I still remember the quiet commitment I made: to try. Not just talk. Try. I had written a blog, outlined a business, promised to cold call lawyers, pay restitution, and speak openly about my experience. I knew rejection would come—and it did—but I kept at it. That's the real test after prison: not what you say, but what you do. If you're serious, start now.

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Procrastination in Federal Cases Can Cost You Everything

Inaction is a decision. I once spoke with a corporate controller who suspected invoicing issues but clung to a civil attorney's opinion that it was just a dispute—not a crime. Seventeen months later, his co-workers (some more culpable than him) are now government cooperators. They acted. He waited. Now, they're likely to receive sentencing benefits for cooperating, while he's exposed. As Hunter S. Thompson said, "A man who procrastinates in his choosing will inevitably have his choice made for him by circumstance." If you're in trouble, don't stall—act...

Let Go of Entitlement: Why Starting Over Matters After a Federal Conviction

Most defendants resist the idea of starting over—I did too. I clung to my past: USC grad, stockbroker, volunteer. I ignored how others saw me after my conviction: as someone who created victims. That denial led to arrogance. I thought a minimum wage job was beneath me. It wasn't until I landed in federal prison—and later worked in a halfway house for $15 an hour—that I finally understood: all work is honorable. The sooner you accept that, the better your outcome.

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Restitution Myth: No, They Won't Settle for Pennies on the Dollar

A former physician home from federal prison wanted to write the Financial Litigation Unit (FLU) to settle millions in restitution for pennies. I warned him not to. He did it anyway. The response? Not only did FLU reject the offer—they asked for updated financials and flagged his available cash. Now they're watching him closer than ever. The idea that the government casually settles massive restitution is a fantasy inmates pass around daily. It's not true.

Don't poke the bear. Deal with restitution realistically. Duration: 00:00:59

A 12-Page Letter Won't Fix What You Haven't Proven

A defendant called the night before sentencing, proud of his 12-page letter. But he hadn't done the work. For two years, no effort to fix the damage—no restitution, no remorse shown through action. Judges like Boo and Bennett say it clearly: don't just apologize—show what you've done to repair the harm. A letter can't replace a record of real progress. Judges trust patterns, not last-minute sales pitches.

Want a better outcome? Start early. Mitigate with evidence, not just words.
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The Truth That Actually Helps at Sentencing

When I met a physician in Tampa facing a probation interview, he kept saying, "I didn't have bad intentions." But intent doesn't carry much weight when you broke the law and kept doing it for two years. What mattered more was that he finally owned it—clearly and directly. That shift, along with other mitigation efforts, led his probation officer to recommend a shorter sentence due to his extraordinary acceptance of responsibility.

📌 Real takeaway: Telling the unfiltered truth can influence your outcome.

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Why Gambling in Prison Is a Fast Track to Trouble

Boredom—not violence—is often the biggest threat in federal prison. And boredom drives people to gamble, even those who swore they never would. It starts with a friendly card game and ends with debts you can't pay. When you owe money inside, there's no delay in collection—just pressure, threats, and escalating consequences. One missed payment can put your safety and sentence at risk.

Stay sharp. Don't let boredom turn into bad decisions.
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Simplify Before Federal Prison—And After

A billionaire in our community, heading to federal prison, asked for advice. He admitted he lost sight of the values that once drove his success. I told him to follow what Thoreau wrote in 1854: Simplify, simplify. In prison, you can spend thousands a month—but why? Spend less. Need less. Say no to distractions. Use this time to strip away the noise and reconnect with what matters. Simplification isn't punishment—it's a reset. And it might be the best preparation for what comes next.

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Victim Impact Matters More Than You Think at Sentencing

A physician expected two years in federal prison—the mandatory minimum for aggravated identity theft. But he didn't prepare. He didn't consider how victim statements might influence the judge. At sentencing, those victims spoke about ruined credit, unpaid bills, and emotional distress. The judge gave him four years instead of two. Why? Because he assumed the outcome and ignored the emotional toll on his victims.

If you're facing sentencing, put yourself in the victim's shoes. Start there.
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Prison Holidays Hurt Families More Than You Think

My first Mother's Day in federal prison hit harder than I expected. The visiting room was packed, the visit was cut short, and my mom was crushed. She wasn't just visiting her son—she was facing the reality of prison with me. Around the room, I saw the same pain on the faces of other families: crying kids, anxious spouses, pure exhaustion. That day taught me something most people miss—prison is harder on the people who love you. If you're going in, plan. Don't waste time.

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Self-Reporting in Healthcare Fraud: One Doctor's Choice to Act Early

When a physician noticed FBI activity on his LinkedIn profile, he didn't wait. He called us. Within days, we helped him create a full disclosure statement, documented his wrongdoing, and outlined the actions he was taking to make it right—including repayment. That gave his lawyer the leverage to self-report directly to the DOJ. The result? Civil penalties, no criminal charges, and no prison time. He avoided the 6 a.m. raid because he acted first.

If you're worried the government's looking into you, don't wait. Pr...

Start with Ownership: The Real First Step in Federal Prison

The real work in federal prison begins when you stop blaming and start examining how you got there. That kind of introspection isn't easy—but it's necessary. Too many people avoid it and instead convince themselves someone will hand them a job later. Don't wait for a favor. Build something worth earning. I could've worked for my brother's company, but I chose to prove myself on my own. That mindset shift—owning your future, not outsourcing it—is what separates those who stay stuck from those who move f...

The early days in federal prison can feel paralyzing—especially when the weight of lost reputation, uncertain career prospects, and family expectations hits all at once. Many people get stuck, believing the label "felon" means there's nothing left to fight for. That mindset kills momentum. The solution? Create a routine. Write daily—start with 10 minutes. Build a fitness habit you can sustain. Most importantly, separate what you can control from what you can't. That's how you stay productive, not just busy.

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I discuss Adam Grant's book Give and Take and how it helped me better understand the difference between takers, matchers, and givers—especially the kind of giver who thrives without losing themselves. I reflect on how I used to only help people if it helped me, how prison forced me to rethink that, and how writing one blog post in 2008 changed everything. I also explore why giving without boundaries can be dangerous, and why learning to say no matters more than most people realize.

A client in our community was given a rare second shot at a proffer session with the government. The first one? It nearly tanked—not because he lied, but because he left out details. Like saying you had a cheeseburger for lunch but "forgetting" the fries and Sprite. The government sees that as dishonesty. In a proffer, they already know the answers—they're testing if you're honest and thorough. Thanks to real prep this time, he gets another shot. Don't wing it. Prepare like your sentence depends on it—because it does.

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Back in 2007, just after signing my plea agreement on my 32nd birthday, close friends invited me to Pebble Beach. I turned them down. My mindset? "What's the point? I'm going to prison." They went without me. Seventeen years later, I finally made that trip—with no sentence hanging over me, no guilt, just gratitude. I'm sharing this because I don't want you to make the same mistake. If you're not in prison yet, don't act like you already are. Spend time with people you love. Don't waste the days you still have.

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After a hate-filled voicemail called me a "criminal" and questioned what kind of father I could be, I was reminded of a question I used to ask myself often in federal prison: Will my future kids forgive me for going to prison? Now, with two young children, I focus on showing them that a bad decision doesn't have to define your future—but it will follow you. People will judge you. They won't care about your progress. Do the work anyway. That's the lesson.

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At sentencing, arguments based on personal hardship—like prison shortening your life expectancy—won't earn you credibility. One individual I spoke with planned to cite a study showing that two years in prison equals one year off a person's life. That kind of reasoning doesn't just fall flat—it can backfire. Judges want to see accountability, not self-pity. If you can't answer, "What would my victim say to me?"—you're not ready. Real mitigation starts with acknowledging the harm you caused and building a plan that reflects that understanding.

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A man recently called us, repeating Jordan Belfort's famous line from The Wolf of Wall Street: "I'm not leaving." He believed his conviction was unjust and refused to surrender to prison. I told him plainly: If you don't surrender, the marshals will come for you. You'll face arrest, lose any chance at a lower-security placement, and likely serve more time. Fighting the system emotionally instead of strategically only makes things worse. If you've been sentenced, don't run—prepare, surrender, and serve your time with purpose.

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If you're hiring a criminal defense attorney, don't just take their word for it—talk to former clients. If they claim attorney-client privilege prevents that, it's usually a red flag. The best lawyers have clients who will gladly vouch for them. One client I'm helping has a proffer session with the government tomorrow—a major step. Yet his lawyer spent only 20 minutes preparing him. No role-playing. No strategy. Just "tell the truth." That's not enough.

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Just try.

A man once told me, "My lawyer knows the judge—we're good." A year later, he got six years in federal prison. Over dinner, he called me with regret: "Why didn't you push me harder?" The truth? I don't chase nonbelievers. If someone doesn't take sentencing preparation seriously, no legal relationship will save them. Judges don't hand out leniency based on who your lawyer golfs with—they respond to clear, consistent mitigation efforts. If you're counting on connections instead of doing the work, you're setting yourself up to lose.

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