Common Mistakes That Lead to Longer Federal Prison Sentences
Release Date: 07/05/2024
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...
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Navigating Crisis with the Straight-A Guide
White Collar Advice
In this episode, I explore how checklists, small habits, and intentional reflection can help you make progress while managing a government investigation. Inspired by The Checklist Manifesto by Atul Gawande and informed by Atomic Habits, Hidden Potential, and Difficult Conversations, I share practical strategies for developing clarity and accountability. At the heart of this approach is the Straight-A Guide, a framework I learned from my partner Michael Santos, which emphasizes Attitude, Aspiration, Action, and Accountability. Thanks for listening! Justin Paperny
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Why Generalists Win: Lessons from Range for White-Collar Defendants
White Collar Advice
In Range by David Epstein, the argument is clear: in today’s unpredictable world, those with broader experiences—generalists—can be more successful than specialists. This resonates with me, as I had to rebuild my life after prison, trying new things and developing new skills. Epstein contrasts athletes like Tiger Woods and Roger Federer, showing how diverse experiences lead to success. This book reinforces the importance of adapting, embracing failure, and avoiding a singular focus for anyone dealing with a white-collar crime investigation. There’s dignity in trying, failing, and...
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Tina Peters: 10 Critical Mistakes to Avoid in Prison
White Collar Advice
Tina Peters: 10 Critical Mistakes to Avoid in Prison
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Think Again To Get A Shorter Federal Prison Term
White Collar Advice
Time for another book review! Today, I'll cover Think Again: The Power of Knowing What You Don’t Know by Adam Grant and how its lessons can help you get a shorter federal prison term. This book hit home for me because it emphasizes the value of rethinking your assumptions, something I’ve found to be essential to get the best outcome possible, including a shorter sentence and earlier release from federal prison. In Think Again, Grant talks about the importance of intellectual humility—recognizing that you don’t have all the answers and being willing to question your own beliefs,...
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Delay is Your Enemy: Act Quickly During a Federal Investigation
White Collar Advice
"Are you available to speak?" The text came five weeks after a client first retained our services. Despite knowing how critical it is to prepare, he had gone dark. Several team members reached out, but there was no response. Then one day, he texted me back, and we finally had the conversation that should’ve happened much sooner. I understand why some people retreat when facing a government investigation. I did the same thing during my case—ignoring calls, avoiding family, and isolating myself. It’s an instinct, but it’s also a mistake. Waiting too long can make a difficult situation...
info_outlineMany people continue to make bad decisions after they become the target of a federal investigation.
I’m excited to introduce my friend, Andrew Bernstein, a Fox Rothschild partner specializing in white-collar criminal defense and government investigations. Andrew has a unique background, having started as a New York City public defender dealing with serious crimes, which laid the foundation for his expertise in trial law. His journey through various law firms has culminated in his current role, where he focuses exclusively on white-collar defense.
Andrew and I discuss proffers. A proffer, often called a "queen for a day," is a meeting with the government where the individual can share their side of the story. This meeting is protected by a "proffer agreement", which ensures that the statements made cannot be used directly against the individual. The information, however, provided can lead to further investigation by the government. The proffer is an opportunity to mitigate the charges or explore cooperation.
A proffer can fail in numerous ways, particularly if the individual lies or misleads.
Misrepresentations, even by omission, are treated as seriously as outright lies. The government often knows a significant amount of information beforehand and uses the proffer to gauge the individual's credibility. Therefore, honesty is paramount. If honesty is not the priority, that person should not proffer!
To effectively defend a client, a lawyer needs complete honesty from the outset.
This open communication allows the lawyer to provide the best possible advice and avoid any missteps that could inadvertently harm the case. Building a trusting relationship with the client is essential for achieving this level of openness.
Starting preparation early is crucial. When a client is aware of an investigation, efforts should begin to prepare for all eventualities, including a potential trial, guilty plea and sentencing. Engaging with probation officers, preparing for pre-sentencing interviews, and continuous mitigation efforts are all critical components of this preparation.
In summary, navigating a government investigation requires immediate and strategic action. Engaging with experienced professionals like Andrew can provide invaluable guidance. I am thankful that joined our show and is in our community.
I encourage defendants in New York to reach out to him with questions.
Andrew M. J. Bernstein PARTNER
[email protected] New York, NY
212.450.9843
Best,
Justin Paperny