Red Flag: This Excuse Just Cost Him 3 Points and More Federal Prison Time
Release Date: 04/25/2025
Red Flag: This Excuse Just Cost Him 3 Points and More Federal Prison Time
White Collar Advice
Seventeen years after surrendering to federal prison, I got a call that reminded me how easy it is to screw this up. A defendant had his acceptance of responsibility stripped—three points gone—because he told his probation officer it was just “a business deal gone bad.” The officer questioned if he even thought he committed a crime. That mistake? It could mean years more in prison. Fact: Loss of those three points can increase a sentence by 12–18 months or more. Don’t wing it. Prepare. every Monday at 1PM Pacific / 4PM Eastern.
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Lessons From A Prison Quiet Room at 5:00AM
White Collar Advice
In this week’s newsletter, I revisit a 5 a.m. conversation in prison that introduced me to Tabula Rasa—John Locke’s idea of the clean slate. I reflect on how I tried to fake it after prison, how that approach failed, and what it took to start building authentically. I challenge you to do the same: document your progress, build in public, and let the world hold you accountable. Whether it’s a judge, a loved one, or a future employer—they’ll review what you create. So the question is: will you build your slate deliberately, or let someone else write it for you?
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California Cut Reentry Budgets For Prisoners—Here’s What We Did
White Collar Advice
Due to budget cuts, the California Department of Corrections is eliminating funding for all reentry programs. That means fewer opportunities for people in prison to prepare for release—unless others step up. Our nonprofit partner, Prison Professors Charitable Corporation, led by Michael Santos, will keep running programs in every California prison. Why? Because White Collar Advice, with donors like Mossimo and Bill McGlashan, covers the cost. Real-world impact: Over 100,000 people have used our courses—zero cost to the state. Want to help others prepare? every Monday at 1PM Pacific / 4PM...
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Red Flag: Blowing Off the Most Important Interview of Your Life
White Collar Advice
A doctor who pled guilty to tax charges reached out, worried about his upcoming probation interview. His lawyer said it was no big deal—just a short background talk. But that’s wrong. We’ve interviewed federal judges and people like Chris Maloney, former Chief of U.S. Probation, who said the interview can shape the judge’s final decision. Real prep matters. This doctor took responsibility and paid restitution—now he's putting in the work to protect his medical license. Bottom line: Don’t wing your probation interview. Build your case with facts, documents, and ownership. Join our ...
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He Admitted to Steroids. I Admitted to Fraud. Everything Changed
White Collar Advice
While golfing with an old friend, a former professional baseball player, he shared how taking steroids shaped his career. Though many players dodged accountability, he owned his mistake, recognizing it as part of his journey. He acknowledged the harm he caused but also the catharsis of owning it and rebuilding his life. As a convicted criminal, I can relate—admitting mistakes and accepting consequences opens the door to personal growth. It’s far healthier than deflecting, denying, or pretending nothing happened. every Monday at 1PM Pacific / 4PM Eastern.
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This Red Flag Could Destroy Your Sentencing—Federal Judge Explains
White Collar Advice
While connecting in Dallas, I spoke with a federal judge at a work event. I asked, “What’s a red flag you see at sentencing?” Her answer was simple but powerful: “When a defendant reads a polished statement, but I have no evidence they actually mean it.” Judges only see you once, maybe twice. If you don’t build a track record before that day—letters, personal narrative, routine—they assume it’s just talk. Want a better outcome? Show your growth, don’t just say it. every Monday at 1PM Pacific / 4PM Eastern.
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The #1 Sign Your Lawyer Isn’t the Right Fit
White Collar Advice
This week, a family drove from Miami to Tampa to meet with me—nervous and frustrated. Sentencing is close, but their lawyer shut them out. When they asked how to help with the sentencing memo, the lawyer replied, “What makes you think I need your help?” That’s a red flag. No one knows your life better than you. You’re not a bystander—you’re the CEO of your future. Before you hire a lawyer, make it clear: I will be engaged. If they resist that, find someone else. every Monday at 1PM Pacific / 4PM Eastern.
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This Sentencing Red Flag Got a Harsh Response from a Federal Judge
White Collar Advice
After prison, I spent time in Los Angeles courtrooms, studying how judges sentence people. One moment stuck with me: a defendant praised his education and community service, urging the judge not to send him to prison. But he ignored the victims. The judge cut him off—“I’m not sentencing your résumé. I’m sentencing you.” The lesson? Judges care about accountability, not just accomplishments. Let your lawyer highlight your achievements. You should focus on remorse, lessons learned, and the harm you caused. every Monday at 1PM Pacific / 4PM Eastern.
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A Federal Judge Doesn’t Care If You Think It’s ‘Gray’—Own It or Pay
White Collar Advice
Telling yourself “it’s gray” doesn’t help. One defendant claimed his conduct was unclear—but he broke the law, and saying otherwise only weakens his credibility. If you can’t own your role in a fraud case, you’ll struggle to build trust with your lawyer, probation officer, or judge. You don’t need to agree with everything the government says, but if you pled guilty, some of it’s true. Acknowledging that is step one. Then, show why you’re worthy of leniency—based on effort, remorse, and a clear plan forward. every Monday at 1PM Pacific / 4PM Eastern.
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You Might Still Be in the Cave (I Was Too)
White Collar Advice
In this episode, I talk about Plato’s Allegory of the Cave—and how it helped me stop lying to myself in prison. I was waiting for things to magically get better, instead of facing what was real. I also share a story about Kodak and a man in Florida who finally took the lead in his case. This episode is for anyone stuck, pretending it’ll work out, hoping the judge will just understand. I’ve been there. Most people stay in the cave. You don’t have to. If you’re serious about preparing, it starts with turning around and seeing clearly. Justin Paperny
info_outlineSeventeen years after surrendering to federal prison, I got a call that reminded me how easy it is to screw this up. A defendant had his acceptance of responsibility stripped—three points gone—because he told his probation officer it was just “a business deal gone bad.” The officer questioned if he even thought he committed a crime. That mistake? It could mean years more in prison.
Fact: Loss of those three points can increase a sentence by 12–18 months or more.
Don’t wing it. Prepare.
Join our weekly webinar every Monday at 1PM Pacific / 4PM Eastern.