Why Do So Many Defendants Treat Their Lawyer Like a Nanny—And Stay Quiet Even When It Hurts Them?
Release Date: 09/09/2025
White Collar Advice
In today’s episode, I share some personal thoughts on the news that Tai Lopez has been charged by the SEC with running a $112 million Ponzi scheme through his company, Retail Ecommerce Ventures. I’ve followed Tai’s work over the years—not as an investor in his 67 Steps or any of his programs, but as a marketer interested in how he built an empire around books, Lamborghinis, and lifestyle branding. Millions admired him, millions hated him, but nobody ignored him. Now he’s facing something I know all too well: an SEC case that could be referred to the DOJ and turn criminal. My own case...
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In this episode I go back to April 28th, 2008, the surrender drive my mom and older brother made with me, the gas station in Bakersfield, the very bad Carl’s Jr. meal, and the fact that I walked in without a plan until I met Michael inside, I explain how that mentorship led to my first asset, a daily writing commitment that started on October 12, 2008, I sent pages to my mom, she put them on the internet, I got praise and criticism and kept going, I lay out why I tell people to write something today—even a napkin note—and why to build a profile on prison org with a biography, daily...
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In this episode I talk about family, because I saw the heartache and I also saw the hope in visitation, I lay out why complaining about peanut butter, mail call, alarms, and cold water does nothing at home while gratitude, studying, writing, preparing, and engaging in programs actually changes how your family experiences your time, I share how Michael helped men strengthen letters to judges, probation, and employers, and why telling the truth on calls matters more than fishing for sympathy, I get into Viktor Frankl on the why, Marcus Aurelius on perspective, and Epictetus on where to put your...
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This episode focuses on reputation from the inside—how people will thin-slice you in seconds off a DOJ press release and why you can’t leave the frame empty. I walk through saying “don’t use my name” to using the conviction as a conversation starter, writing daily, and handing out a signed book. We hit Blink (snap judgments), Montaigne (hard questions on the page), and Jim Rohn (work harder on yourself than on your job). Then I spell out what to post where people can see it: biography, journals, book reports, release plan, testimonials—time-stamped entries that add up to a body of...
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This episode is a push against waiting. I walk through the driving-range text—“you were right”—and the call that followed: a target who delayed prep through discovery and then learned cooperators had already proffered while the government moved ahead. We cover why time is against you (think blitzkrieg), why case managers and other stakeholders form opinions daily, and why segmenting the next hour and the next week is the only way to move. I lay out grounded asks: the right prison request, specific facility and programming (including RDAP) on the record, a surrender date that aligns,...
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This final episode in the pre-sentencing series strips it down to the basics: if you don’t build your record, the government’s version stands uncontested. I talk about the common mistakes defendants make—waiting, trusting lawyers to handle everything, assuming cooperation or restitution will be enough—and why those choices lead to longer sentences and regret. I share the story of the physician told to work at KFC in the halfway house, and how it traces back to lack of preparation. I also revisit David Mulder’s case, where ignoring his lawyer’s advice and creating a narrative helped...
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In this episode, I put the spotlight on pressure and proof, not talk. Tracii Hutsona took a 51-month sentence after a tough victim impact statement and refused to drift. She surrendered with a written plan, shared it with family and a Tucson case manager, taught others how to write and document, and those efforts went into her central file. With evidence, updates, timelines, and third party support in place, she showed progress to her case manager, the warden, probation, and her judge, and asked to be considered extraordinary and compelling under the First Step Act. The judge cut nine months;...
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In this episode, I dive into what Michael Santos taught me about the quadrant theory and how it shaped my prison adjustment. He broke down every day into 1,440 minutes—about 1,000 after sleep—and made me see how each of those minutes mattered. I explain the four quadrants—high risk/low reward, low risk/low reward, high risk/high reward, low risk/high reward—and how every decision in prison fits into one of them. I share why documenting your journey is high risk but high reward, why reading with purpose is low risk but high reward, and why wasting time with endless laps or TV is just...
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In this episode, I share the story of a physician who discovered too late that his sentencing memorandum didn’t reflect any of his work, and I contrast that with David Mulder, who decided to take action even when his lawyer told him not to. David watched interviews with federal judges, realized he hadn’t “fixed the window,” and reached out for help. Together, we created a narrative, got it into the probation report, and built on it with volunteering, speaking, and character letters. His lawyer had no idea our team was involved, but the strategy worked. Guidelines called for 48 to 60...
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When I was indicted, I let my lawyer speak first, then my friends and family. My own voice came last—and weakest. Judge Boulware once said the order of mitigation must start with the defendant. Yet most people get it wrong, and judges see straight through the excuses. In this episode, I break down why defendants can’t outsource their story, why boilerplate hardship claims (“I’ll miss my family,” “I’ll lose my career”) fall flat, and how honesty about privilege, mistakes, and collateral consequences actually earns respect. We even discuss a father with an autistic child who...
info_outlineA year ago, we spoke with an executive whose lawyer told him to “get off the internet and wait.” No plan. No preparation. Just bills piling up. Meanwhile, the government was working full-time to build its case. This defendant finally realized silence wasn’t a strategy, fired that lawyer, and began creating proof of who he really was. In this episode, I walk through the email Michael Santos sent him—a framework built around values, history, and action. Judges don’t care about polished excuses; they care about evidence of growth and contribution. Family responsibilities, work history, reflections, even simple journals—all of it can humanize you in ways prosecutors never will. Mitigation is not waiting for your attorney’s next call. It’s using this time to build a record that shows authenticity, accountability, and potential for change. Hope isn’t a plan. Action is.
Justin Paperny