Common Mistakes That Lead to Longer Federal Prison Sentences
Release Date: 07/05/2024
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_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