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What To Know About Sentencing Memorandums

White Collar Advice

Release Date: 04/26/2024

The FBI Showed Up. I Lied to My Lawyers. Then I Waited. show art The FBI Showed Up. I Lied to My Lawyers. Then I Waited.

White Collar Advice

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 was becoming. That first blog I wrote in 2008 changed...

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Going to Federal Prison? Don’t Issue Clichés—Do This Instead show art Going to Federal Prison? Don’t Issue Clichés—Do This Instead

White Collar Advice

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. Join our every Tuesday at 11AM...

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George Santos Fears Prison—My CNN Breakdown on What He’ll Really Face show art George Santos Fears Prison—My CNN Breakdown on What He’ll Really Face

White Collar Advice

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 problem—lack of preparation...

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Steal This Idea In Federal Prison show art Steal This Idea In Federal Prison

White Collar Advice

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

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I Was George Santos. Delusional. Federal Prison Ended the Charade. show art I Was George Santos. Delusional. Federal Prison Ended the Charade.

White Collar Advice

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 Price I Didn’t Expect to Pay After Federal Prison show art The Price I Didn’t Expect to Pay After Federal Prison

White Collar Advice

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...

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STOP Saying Sean Combs Will Get Sentenced To Time Served show art STOP Saying Sean Combs Will Get Sentenced To Time Served

White Collar Advice

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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Someone Yelled at Me for What I Said About Federal Prison show art Someone Yelled at Me for What I Said About Federal Prison

White Collar Advice

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 to...

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National Healthcare Fraud Indictment: What One Pharmacist Wishes He Did Differently show art National Healthcare Fraud Indictment: What One Pharmacist Wishes He Did Differently

White Collar Advice

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...

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How Diddy Could Get Out Soon—or Spend Years in Prison—Former Prisoner Explains show art How Diddy Could Get Out Soon—or Spend Years in Prison—Former Prisoner Explains

White Collar Advice

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...

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More Episodes

In my latest podcast I address the sentencing memorandum. Unfortunately, too many defendants lack an understanding of the sentencing memorandum--some have never even heard of it until it was turned in to the government before sentencing. 

Presuming it was done well, the memo plays a pivotal role in influencing the sentencing phase by presenting a comprehensive, well-rounded defense narrative to the judge. Starting with essential background information about the defendant, the memorandum explores character details and mitigating circumstances surrounding the offense. 

This podcast posted along with a longer blog on Topwca.com, highlights the strategic importance of integrating personal narratives into the memorandum to enhance its personal touch and persuasiveness. For example, during my own sentencing, my attorneys successfully incorporated details from my life to bolster the memorandum's effectiveness.

The post also advises defendants on the necessity of contributing to their memoranda, emphasizing unique mitigating factors to distinguish their cases, akin to Seth Godin's "Purple Cow" concept—making their cases stand out distinctly.

Finally, the blog stresses the importance of defendants being proactive and involved in the drafting of their sentencing memorandums. 

Justin Paperny