Facing a Federal Investigation? Trial vs. Plea Deal: Insights from Ron Chapman
Release Date: 05/23/2024
Inside the Mind of an FBI Agent—What Defendants Need to Know
White Collar Advice
The first two people I heard from after getting out of prison were Paul Bertrand and David Willingham. Paul was the FBI agent who arrested me. David was the AUSA who prosecuted me—until he left to become a defense attorney right before my sentencing. Both of them said the same thing: "We’re proud of you. It’s clear you’ve learned your lesson and want to help people. Wishing you success." A few months later, Paul invited me to speak at The FBI Academy. I spent two days with him, talking with agents about how they investigate cases, why people make things worse for themselves, and what...
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Elizabeth Holmes Says Federal Prison Is “Hell and Torture”—5 Takeaways
White Collar Advice
Elizabeth Holmes is back in the headlines, saying federal prison is ” When I read her interview, I wasn’t surprised. Here she goes again. Holmes has struggled to shape her narrative. Now, instead of the brilliant Silicon Valley founder, she wants to be seen as the struggling mother, the misunderstood dreamer, the prison reform advocate. But when you strip away the emotion, what is she really saying? Here are my thoughts on her latest attempt to rewrite her story: She Wants Sympathy. Holmes says, “The people I love the most have to walk away as I stand here, a prisoner, and my reality...
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Preparing for Federal Sentencing: Understanding the Sentencing Guidelines and Why Your Work Matters
White Collar Advice
In this episode, I break down the federal sentencing guidelines, the proposed changes by the U.S. Sentencing Commission, and what they mean for defendants preparing for sentencing. I share real stories, including how David Moulder and Klete Keller used preparation and accountability to influence their outcomes. Learn how to address the § 3553(a) factors, take control of your narrative, and build a record that can make a difference in court and beyond.
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Dan vs. Lisa: A Tale of Two Responses to Government Investigations
White Collar Advice
When faced with a government investigation, your early decisions can influence the outcome, including how long you serve in federal prison. In this episode, I share stories of two individuals—Dan, whose attempt to cover up financial fraud led to obstruction charges and a longer sentence, and Lisa, who faced her mistakes head-on, avoided criminal charges, and resolved her issues proactively. I’ll discuss why covering up crimes often backfires, the risks of obstructing justice, and how taking responsibility can shape a more positive outcome. Whether you're facing financial misconduct, tax...
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Why Acting During Precharge Is Non-Negotiable
White Collar Advice
The precharge phase is a tense and uncertain time, but it’s also an opportunity to take steps that can influence whether you face lesser charges, avoid an indictment, or endure a long investigation. By being proactive—consulting with the right lawyer, preserving evidence, and demonstrating accountability—you can take control of your situation. Waiting, hiding evidence, or freezing in fear often backfires, leading to stricter scrutiny or harsher consequences. Instead, stop harmful actions immediately, document corrective efforts, and coordinate with an experienced defense team to ensure...
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The Signs You’re Under Federal Investigation (Before You Know It)
White Collar Advice
When a federal subpoena arrives or a federal agent contacts you, the reality is clear: you’re part of an investigation. But for so many people, that moment feels like it comes out of nowhere. I’ve been there. I know the panic that sets in, the shock of realizing that your actions—or the actions of others—have put you under scrutiny. It’s easy to feel blindsided, but with some self-examination, the warning signs often become clear. The sooner you identify them, the better. Recognizing the Warning Signs If you’ve done something wrong—or even been connected to something...
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Sean Combs and The Art of Self-Destruction
White Collar Advice
If you are a defendant, just do the opposite of Sean Combs. Justin Paperny
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The Power of ‘Joyful Neglect’: Prioritizing What Matters in a Probation Interview
White Collar Advice
In today’s episode, I talk about Oliver Burkeman’s Four Thousand Weeks and how his approach to time and priorities can guide anyone preparing for a probation interview. Burkeman’s idea of “joyful neglect”—choosing what matters most and letting go of the rest—can help you create a clear, meaningful message. We’ll explore how embracing limitations, being honest, and taking responsibility can shape a powerful interview that reflects real growth and intention. Join me for practical takeaways on preparing for this important interview. Justin Paperny
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Diddy, Safety, and Secrets: What’s Really Going On In Federal Prisons?
White Collar Advice
The Metropolitan Detention Center (MDC) has long struggled with deep-rooted issues around safety, transparency, and accountability. As high-profile cases bring new attention to the facility, there's now a large-scale, interagency investigation. I discuss the systemic issues facing MDC, the role of poor leadership and understaffing, and the Bureau of Prisons' need for meaningful reform. Until they address these structural problems, taxpayers will continue funding settlements, and detainees will face unsafe conditions. Only with prudent transparency and accountability can we expect improvement...
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Why Accountability Beats Empty Promises in Navigating Sentencing and Prison
White Collar Advice
There Are No Guarantees in Sentencing In this podcast, I lay out a simple but crucial truth: nobody can guarantee what your sentencing outcome will be or when you'll get out of fedearl prison. If you’re focused on getting promises or assurances, you’re missing the point. The federal psystem doesn’t work that way, and asking for guarantees only shows a lack of understanding about what really drives a shorter sentence and earlier release from federal prison. Stop Obsessing Over the End Result, Focus on the Process Too often, people focus on the outcome they want—avoiding federal...
info_outlineI 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