Delay is Your Enemy: Act Quickly During a Federal Investigation
Release Date: 10/03/2024
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 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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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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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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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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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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If you are a defendant, just do the opposite of Sean Combs. Justin Paperny
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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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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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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_outline"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 worse.
During our conversation, the client opened up about why he struggled to start. He had read Earning Freedom by Michael Santos and was struck by how Michael spent 26 years in prison without any guarantees his work would lead to an early release. This hit home for my client—he worried that his effort might not make a difference in the end.
I told him that uncertainty is part of the process. Michael didn’t focus on outcomes—he focused on how he lived each day, with integrity and discipline. He wasn’t obsessed with immediate results, and that’s something we can all learn from. When you focus on the daily steps and actions, the results tend to follow.
We also talked about the weight of shame. My client felt like he had let everyone down—his family, friends, and colleagues. He was consumed by guilt, and that guilt was keeping him from moving forward. I told him that while it’s important to acknowledge the past, it can’t be the thing that holds you back.
Many clients fear starting over, especially if they were successful before their case. The thought of going from a high-paying job to nothing is overwhelming. But the sooner you start preparing, the better equipped you’ll be to deal with these challenges. Preparation isn’t just about getting a shorter federal prison sentence—it’s about building the resilience and mindset you’ll need for the long haul.
In the end, it’s about showing up every day. You can say you’re going to do the work, but if you don’t build the habits and follow through, nothing changes. I told my client that we’ll see if he’s ready to do the work. We’ll see if he makes the calls, sends the emails, and reconnects with the people he’s been avoiding. Real preparation requires consistent action, and the earlier you start, the better the outcome, not just at sentencing, but for the rest of your life.
Justin Paperny