Why Accountability Beats Empty Promises in Navigating Sentencing and Prison
Release Date: 10/27/2024
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_outlineThere 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 prison, early release—without really recognizing what it takes to get there. If you're asking for a shortcut, you're missing the work that matters: understanding what got you here and what leads to the result you want. In this episode, I talk about the shift that needs to happen—away from demanding results, and towards owning your story, taking daily steps, and building a record that shows why you are a candidate for leniency without even having to ask for it.
Why Stakeholders' Perspectives Matter More Than Yours
Your own view of your case—thinking you’re the victim or feeling you’ve been treated unfairly—doesn’t hold much weight with the people who will decide your fate. I break down why it’s essential to understand the perspectives of stakeholders like the judge, prosecutor, probation officer, and, crucially, the victims. By seeing things through their eyes, you can build a story that resonates and overcomes skepticism.
Accountability is Built Daily, Not With Empty Words
Talking about change is one thing; showing it is another. I highlight examples of people in our community who committed to the hard work of documenting their journeys, taking small steps daily, and building credibility over time. One example is Tracii Hutsuna, who was able to earn leniency from a judge by demonstrating growth and progress, rather than just asking for it. This isn’t about lip service—it’s about creating a record that proves you are different. tahn your plea agreement.
Effort Over Quick Fixes
I caution against the illusion of quick fixes. Some people will tell you what you want to hear to get paid, promising outcomes they can't deliver. Instead, I talk about why daily effort accountability are the only reliable paths to a better outcome. When you stop asking for a guaranteed result and start doing the actual work your life will improve.
Aligning with the Judge’s Values
Judges are human. They respect hard work, authenticity, and growth. I encourage listeners to think about their judge’s journey—the years of effort it took for them to get where they are—and show them you’re willing to work just as hard to make things right. When you align with their values and demonstrate that you're not going to be back in their courtroom, they’re more likely to consider leniency.
Takeaway: Success Isn’t in the Outcome, It’s in the Process
The bottom line is this: as I also shared in my last podcast, change comes from focusing on what you do daily, not on the promises you want to hear. This mindset is the foundation of the work my team and I do. We are here to guide anyone ready to step up and do the work—not with empty promises, but with real strategies for owning your journey, building credibility, and showing stakeholders that you’re serious about doing the work. There are no shortcuts.
Justin Paperny