Whether you're a defense attorney, a criminal defendant, or someone eager to learn about sentencing, federal prison, and white-collar crime, our podcast is an excellent resource. It's never too soon or too late to begin preparing for a government investigation, and here's why: Statistics demonstrate the potentially life-altering consequences of encountering the criminal justice system. Beyond the initial indignity of an arrest or the notification of a criminal investigation, those targeted by law enforcement face additional challenges: How will this situation impact my career and earning capacity? What changes will my life undergo if I receive a federal prison sentence? How will my family members be affected by my term of confinement? In the face of such complex challenges, consulting with a competent defense attorney is crucial (please note we are not lawyers and do not offer legal advice). A skilled attorney will guide the criminal justice process and help individuals navigate these difficulties. At White Collar Advice, our dedicated team focuses on assisting those seeking to learn how to: Avoid charges or get the shortest sentence possible. Serve their sentence in a federal prison camp or a facility with the lowest possible security level. Establish meaning and confidence while in federal prison. Transition back into society and pursue a new career path. Create a record that leads to increased liberty during supervised release. Our podcast offers more than just generic information through a quick internet search. We prioritize delivering insightful and personalized content to our audience. As the host, I bring a unique perspective to the table. As a successful stockbroker at Bear Stearns and UBS, I specialized in representing professional athletes and hedge funds. My journey through the criminal justice system, including a felony conviction for securities law violations, has given me valuable insights. For an in-depth account, grab a free copy of Lessons From Prison at WhiteCollarAdvice.com. White Collar Advice has also become a trusted resource for numerous media outlets, including Dr. Phil, The New York Times, CNN, Fox News, The Washington Post, Fortune, The New York Post, BBC, ABC, and NBC. If you have questions or inquiries, please contact us at Support@WhiteCollarAdvice.com or call 818-424-2220. I appreciate your interest in our podcast. We look forward to sharing valuable knowledge and empowering you with the information you need to navigate the complexities of the criminal justice system. Justin Paperny
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White Collar Advice
The Best Time to Start Was Five Years Ago
Aug 21, 20261 min
Five years is a long time to deal with a white collar case, and finally getting clarity is a good thing. An executive facing sentencing has done his best to show why he's a candidate for leniency, but he keeps missing the message because he focuses on himself. On our call I asked him who the hero of this story is. He said no, who? Five years in and he didn't know. The hero is the executive during COVID who didn't cheat, who has a wife and children and a business, and who didn't submit fraudulent applications. He found a way around it. That's who you have to identify with, because that's the only thing your judge is going to be thinking about, that same husband and father who didn't cheat when you did. You're not the hero. They are. You've had five years to embrace the message and you failed. The best time to start was five years ago. The next best time is right now. He said, wow, you're right.
An FBI agent left a card on an executive's front door, and I told him this on my way home from dinner with my good friend Lawrence. Don't make matters worse. You make it worse by lying and by reaching out to people you shouldn't reach out to, and it's easy to want that because you need comfort right now. Focus on what you can and cannot control. You don't know yet if you're a witness, a target, or a subject. Too many people at this stage play director in their own mind, jump straight to the worst case, can't function, and make really bad decisions. So before I refer you to three lawyers I trust tomorrow morning, go to your computer right now and purge. Speak openly and honestly to yourself in a recorded transcript. Who did you know? When did you begin working there? What were your communications like? Everything you did while working for that company. If an agent left a card asking you to call, you can presume they've been speaking with people. The FBI agent who arrested me told me that when they show up at your home, we're in the bottom of the eighth. What the defendant does next sets the tone.
An executive texted me: they want it all, this is a total disaster. Earlier this week I did a live YouTube video on how to communicate with the government, starting with their perspective. Eighteen months ago this guy chose not to plan and not to put himself in the shoes of a prosecutor who wants it all. As a defendant you can make moves financially, transparently, without risk of getting in trouble. You can invest in real estate and disclose it. They could still take the real estate, and it's harder for them if it's illiquid. But if you pled guilty, you created victims, and you tell them you're sorry, you'll make amends, you'll do better, hold you accountable, all the clichés and buzzwords they've heard 800 times this year, and then they come across a million dollars in liquid cash, of course they want the money. So when he asks how he keeps the money, or gives them as little of that liquid cash as possible, and still gets a shorter sentence, it tells me he doesn't understand how government investigations work. I can't change what he didn't do 18 months ago. I don't chase. You either believe in mitigation and planning or you don't, and I'm not going to convince you.
Two things happened in the last 30 minutes. Three kids, about 17, no helmets, on their iPhones, riding e-bikes, ran me off the side of the road and I ended up in a bush. On the way in I thought, if I die, I'm glad my family is taken care of. A little dramatic, since it was a bush, but that's what goes through your mind. Will the wife remarry? Hard to find someone as witty, but in time, perhaps. The point is I had insurance. You prepare for the worst outcome. Right before that I got a call from a doctor in Texas facing sentencing in three weeks who told me his lawyer said it's time to begin preparing. He would have been stronger had he started before he saw his name versus the government, and certainly right after, not three weeks out while trying to persuade a judge he's a candidate for leniency. He's going to give a message that judge has heard 300 times since January. Alyssa and Jason, I love you. Call me a strict parent. You ain't riding no e-bikes.
July 9th, 2008, four or five months into my sentence, around 3:45 in the afternoon just after mail call. Michael Santos asked if I knew the new prisoner who had transferred in from another prison, about 20 feet away, loud, showing off, telling everyone there's no deal he can't close, the jets he flew on, the models he slept with. I said no. Michael said that's Roman Fabrizi. Walking the track that afternoon he told me Roman Fabrizi isn't a person, it's a type of prisoner: the one who mocks other prisoners who are willing to try and build, and who cozies up to staff hoping for a benefit, more halfway house time, getting home earlier. He used the phrase putting on airs. I didn't know what that meant. He said it's acting superior when we're not. We're human beings and we can all become better. I wrote about it in my prison journal the next day and it hangs in my office. It connects to CZ, who said in an interview this week that guards asked him whether they should invest in Bitcoin. He probably knows. If he had answered the way they wanted, they might have sent him home early or given him some benefit. He said I don't know, walked back to that antiquated prison computer, and kept writing Freedom of Money. If one of the richest and most successful men in the world can say I don't know, so can you. Don't be Roman Fabrizi. Don't put on airs.
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