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Facing a Federal Investigation? Trial vs. Plea Deal: Insights from Ron Chapman

White Collar Advice

Release Date: 05/23/2024

What lesson from Seth Godin’s “purple cow” applies to standing out in prison and after? show art What lesson from Seth Godin’s “purple cow” applies to standing out in prison and after?

White Collar Advice

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 why to build a profile on prison org with a biography, daily...

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White Collar Advice

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 your...

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White Collar Advice

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 body of...

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White Collar Advice

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,...

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White Collar Advice

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...

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White Collar Advice

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 months;...

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White Collar Advice

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 with endless laps or TV is just...

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White Collar Advice

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...

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White Collar Advice

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...

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White Collar Advice

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 time with men who built...

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I connected with Ron Chapman through LinkedIn, where we often commented on each other's posts about mitigation. A few weeks ago, after I posted a video describing why some white-collar defense attorneys were averse to working with consultants, Ron commented.

"Justin, the issue is that in your industry there are a lot of vultures. Big promises of RDAP admission, programs, mitigation success. Most are working off of false or outdated knowledge of BOP policy. In addition, any field that intersects law will be highly skeptical to lawyers who've worked for decades perfecting their craft. You seem to be different, and I see value in what you offer. My only remaining concern is that others will continue to mimic you with a cheaper and a less honest service. We need to be on guard for these types because they cause real damage to vulnerable people during vulnerable times. It's all about helping people facing Government scrutiny, and as long as we're rowing in that direction, I'm happy."

 

Based on that comment, I asked Ron if he would join me for an interview. He said yes!

As Ron expressed in our video, his career as a criminal defense started in the Marine Corps, where he initially served as a prosecutor. He found more satisfaction in "ripping the wires out" of the government's case than in building it, which led him to switch to defense work. Now, he primarily represents physicians and healthcare entities facing federal investigations related to healthcare fraud and opiate prescribing cases. 

One of the main topics we discussed was defendants' vulnerability. As we often do, Ron highlighted the dangers of misleading marketing and unethical practitioners who prey on the desperate. He stressed the importance of choosing lawyers carefully and being wary of those who promise unrealistic outcomes. What do I say in every video? WE CANNOT CHANGE THE PAST OR GUARANTEE AN OUTCOME. 

Contrary to some defense attorneys who suggest waiting, Ron advocates for immediate action when a target letter is received, or any indication of an investigation arises. This involves engaging compliance professionals, conducting self-audits, and preparing for a thorough defense. The Department of Justice is always working, and so should the defendant. 

Ron noted that a successful defense requires an understanding of the client's personality and actions. This knowledge is crucial, especially in trial settings where the attorney must effectively convey the defendant's story to the jury. 

Our conversation then moved to the difficult decisions defendants face, particularly between going to trial and accepting a plea deal. Ron shared a story about a physician, Dr. Thomas Sachy (link below), who initially pleaded guilty under pressure but successfully withdrew his plea and won his case at trial. This story illustrates the importance of fully understanding the implications of a plea agreement. 

We also discussed the issue of overcharging. Ron expressed concerns about prosecutors who stack multiple charges to compel defendants to plead guilty, often involving family members to increase pressure. This practice can lead to unjust outcomes, and Ron stressed the need for a more balanced approach to charging decisions. 

Despite being based in Michigan, Ron's focus on healthcare law allows him to represent clients across the country. His national practice underscores the importance of specialized knowledge in navigating complex regulatory environments like healthcare. 

Finally, we touched on the sentencing process. Ron emphasized the importance of defendants understanding the sentencing guidelines and the potential consequences of plea agreements. He encouraged defendants to become vested in their cases and actively engage with their attorneys to ensure they understand each step in the process. 

Ron's insights into prosecutors' mindsets were insightful. He described how motivations can vary widely among prosecutors, from those driven by a sense of justice to others possibly influenced by career ambitions or bureaucratic inertia. Understanding these motivations can help defendants and their lawyers better anticipate prosecutorial strategies and prepare accordingly. I am grateful Ron took the time to join us and offer his insights. If you seek guidance in a healthcare case, Ron is someone you should consider calling. 

Thank you, Justin Paperny

P.S. To learn more about Ron, his book and some of his outcomes, click the links below:

Book: https://ronaldwchapman.com/book

Company Website: https://www.ccghealthcare.com

News Media Appearances: https://www.youtube.com/channel/UCUF4Qi2sAp3kRFG6_f_taDA

Dr. Sachy Case: https://wgxa.tv/news/local/jones-county-doctor-accused-of-running-pill-mill-pleads-guilty-in-federal-court