White Collar Advice Justin Paperny

In this podcast, I discuss a common challenge defendants face in government investigations: the harsh truth about sentencing mitigation efforts.
Despite significant investments in time and resources, a client learned from their lawyer yesterday that their mitigation efforts will not influence the judge's decision.
This situation raises questions about why some lawyers may downplay mitigation efforts. Possible reasons include a reluctance to embrace new ideas and past negative experiences with consultants who made false promises.
Despite these challenges, defendants must hold their lawyers accountable and document their mitigation efforts. Doing so can influence their sentencing and increase their chances of securing an earlier release from federal prison. 
 
Justin Paperny

I was saddened to hear Sam Bankman-Fried say his useful life is over. Many individuals facing prison share that sentiment, and I certainly did during my own experience.

Navigating through such challenging times requires learning from those who have not only faced but also found success in similar circumstances.

Fortunately, I found invaluable guidance from my mentor, Michael Santos, while incarcerated. I literally sat next to him for 10-12 hours a day in that prison quiet room to learn and grow.

When individuals tell me, "I cannot do it, Justin. Come on, man. The FEDS want (insert sentence length). I cannot do it," I can offer them a tangible roadmap based on documented experiences of overcoming such hurdles.

Whether that person does the work or not is up to them.

In this CNN video, I discuss how Bankman-Fried can discover meaning in his journey, much like I did.

As I often emphasize, "If Michael can conquer 26 consecutive years in prison, you can overcome (insert sentence length)."

Justin Paperny

Transcript from CNN Interview
We're joined now by Prison Consultant and the founder of White Collar Advice, Justin Paperny. Justin, thanks so much for sharing part of your afternoon with us. What would you be telling Peter Navarro now as he begins his first day of incarceration?
I would tell him this four months can feel like 40 years. If he complains all day and finds people who will tell him exactly what he wants to hear, that it wasn't his fault or he can adjust properly. 
Don't complain about the length of his sentence, which can be off-putting to people who have been in prison for a long time. He can do his job with humility. He has a Ph.D. in economics from Harvard. He could use his experience to educate people so it could be a great time in his life, or it can be a miserable time. The good news for him, at least he gets credit for time served. Today he's one day closer to home.
That's true. He may not be a household name. He's not really a celebrity. He is well known in politics, though he was a prominent figure in the Trump White House. A Maga loyalist, he was able to hold a 30-minute press conference before starting his sentence. And most inmates don't have that luxury. How do you think his life on the outside will play on the inside?
Most people who go to prison, like me, are unknown. Because of his stature in the administration, there will be people who are sympathetic to him. There will be sycophants all around him offering to help him, and he can take that advice or help. Or he can lay low and recognize in the totality of his life this is a little blip, and he can use the experience for good. But certainly, guards and prisoners are going to come up to him and offer him things. Others won't care, and others will loathe him. Of course, he has an obligation to his family to adjust well, to never complain, and to use this experience somehow. Some way to benefit people in prison who have not had the opportunities that he has had throughout his lifetime. Use the 120 days on the inside to educate and help people. It's possible, but he has to make that choice.
I appreciate that that sort of stoic philosophy that you're recommending. There is not much privacy, apparently, in that elderly men's dorm that he's likely to live in. You mentioned keeping a low profile. Would that actually be possible under those circumstances?
If he chooses.
To create that profile, certainly he can. When I was in prison, I woke at 4:00, woke up at 4:00 in the morning. So I had several hours alone to think and create and write while the dorm slept. And I would exercise alone, go to the library alone, walk that track alone, and by exercising and working hard, you go to bed earlier because you are exhausted. Or he can do what so many prisoners do: sit in the chow hall and lament and complain. The great thing about complaining in prison is it will eventually be your turn, and there will be others who will be willing to listen to those complaints. The choice is his. But if someone tells you you cannot find respite or privacy in federal prison, that tells me they haven't been to federal prison. If he wants it, he can do it, but it's going to require an adjustment. Use the experience for good to teach rather than complain, which is what too many new prisoners do. All eyes will be on him. I hope he adjusts properly for his sake and his family's sake. They're watching.
Right? You did mention that he will have to find a job while he's in prison. What would you recommend he do? What are the options look like potentially for him?
I recommend he does his job because if he's in prison, there's already about 17 people who have come up to him and said, you shouldn't be here, I'll do your job for you. It shows humility and deference. If you're willing to contribute to that community of felons. He could be an orderly, work in the commissary, serve food. Maybe he's scrubbing toilets and showers. I'm not sure I know you do your job on the inside. You

In today's podcast, I analyze the new updates in Sam Bankman-Fried's case, highlighting his missed chances for mitigation that could influence his ultimate federal prison sentence.
Our team at White Collar Advice assists others involved with FTX, though Bankman-Fried isn't one of our clients. Bankman-Fried seems to be repeating history, relying heavily on his legal team instead of mitigating. This approach could lead to a harsher sentence, much like others before him. Understanding federal sentencing is complex. Bankman-Fried's lawyers suggest a 63 to 78-month term. 
In reality, I'll explain what this could mean, factoring in the First Step Act and good behavior. His defense strategy leans on his attorneys' arguments and experts' reports, sidelining proactive efforts that could show his character and remorse—potentially crucial for leniency. I urge Bankman-Fried and anyone in a similar situation to mitigate. True change and resilience come from within, not through your defense team's efforts.
Thank you for listening. 
Justin Paperny

Our client's case took a dramatic turn last February when a federal judge, exasperated by his actions, declared him "an absolute menace to society" and ordered him into custody. This pronouncement could have marked the beginning of a bleak chapter in our client's life, especially as he was staring down a potential 60-month sentence in federal prison.
Despite the likelihood of a 60-month sentence and the less-than-ideal start to our relationship (he hired us three days before he was taken into custody) his path to redemption had only just begun. With the help of his phenomenal lawyer, Diane Bass, and the comprehensive support from our team, he finally began to do the work.
He enrolled in our "Preparing for Success After Prison" course from that detention center, engaging daily with the material. This wasn't just about going through the motions but about genuine self-improvement and taking proactive steps towards rehabilitation. By documenting his journey of reflection and growth, he constructed a compelling narrative that demonstrated his commitment to change, far beyond mere apologies or expressions of regret. In sum, he had to prove to his Judge he would not be a "menace to society." 
During the sentencing hearing, the federal judge acknowledged the significant strides our client had made, influenced in part by the insights and philosophies of Carl Jung, who said, "You are what you do, not what you’ll say." Instead of the looming 60 months, the judge sentenced him to 37 months in federal prison, underscoring the impact of documenting the journey for all stakeholders.
If you are reading this and are facing a sentencing hearing, act now to change the narrative, like our client did.
Justin Paperny

I understand the shock and disbelief that comes with facing a federal prison sentence—I’ve been there. At first, I rejected advice and preparation, opting instead to blame others for my situation. But that lack of preparation made things harder for myself and my family.
Learn from my mistakes.
Now that you’ve been sentenced, you have clarity. There’s a defined timeline: a beginning and an end to your federal prison sentence. The real challenge is ensuring you come out with a solid plan, ready to rebuild and rebrand.
Our team at White Collar Advice is eager to help you overcome these hurdles. As you prepare for prison, document your plans and establish a reliable contact person for managing outside affairs. Understand the financial implications, prepare a reading list that aligns with your goals, and plan to oversee your business legally. Manage your personal belongings, address medical needs, set a realistic communication plan with loved ones, and create a quadrant guide for decision-making. Begin an exercise regimen that you can maintain while inside.
Remember, it’s about taking deliberate steps to document your journey, making it tangible for others, including judges and probation officers, to see. Our strategies are proven, not just ideas, and they’ll serve as your blueprint for navigating your time through prison and life after prison.
Justin Paperny