White Collar Advice
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? ...
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The Best Time to Start Was Five Years Ago
<p>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...
Go to Your Computer Right Now and Purge
<p>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...
They Want It All. This Is a Total Disaster.
<p>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...
Call Me a Strict Parent
<p>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...
Michael Santos Told Me About Roman Fabrizi
<p>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...
Pity Was Worse Than Any Day in Prison
<p>I was working late with Breaking Bad on in my office, season two, episode six, and when Gretchen told Walter she feels so sorry for him I stopped and filmed this. When I was a defendant I took terrible care of myself. In-N-Out four nights a week. A thing of Red Man chewing tobacco every two days. My teeth would bleed and I wouldn't stop. I was punishing myself because I felt like I deserved it, and I got so used to the pain that I didn't even try to get better. Right after I was sentenced I played...
Don't Pack Anything You're Not Prepared to Lose
<p>He called 90 minutes before surrendering to the camp at Fort Dix and wanted to know what to pack. I told him the longer you stay on the wrong train, the more expensive it is to get home. He said he didn't want to talk about the train, he wanted the packing list. So here's my story. Three days before I went to prison I looked at the Taft commissary list, saw white Reebok shoes and a Timex watch, drove to Big 5, bought them, and surrendered wearing them. They told me I could donate them or send them home. I...
How Do I Leave Prison Better Than I Went In
<p>A crypto executive, married with two young children, emailed me. He's going to prison for 37 months for money laundering and mail fraud, and he asked how he can leave prison better than he went in. Four things. First, what is the next right thing for you to do? The consequences of a conviction are overwhelming, and plenty of people, including him until he went to jail, never start. Maybe you want to engineer an earlier release, so begin answering that. Second, why are you going to prison? There was a breakdown, a fracture, that compelled you to go rogue...
My Son Asked If Prison Was Kind of Fun
<p>My young son asked me if I'm happy I went to prison. I asked him why he would ask that. He said it seems like it was kind of fun. I told him I'm not happy I went, and I don't want him to go. I speak about it favorably because I learned so many valuable lessons. Here's a small one. I had a great trip in Billings, Montana, I'm flying home, and terrible weather in Denver has me delayed two hours, then another two. I'm not complaining. I'm sitting here alone listening to a Jim Rohn audiobook. I'm...
Start Thinking Like the Underdog You Are
<p>About six months ago a former accountant who served 15 months for payroll protection fraud called me with one question: how do I disclose my felony conviction to potential employers. He didn't take the advice, because he called me today with the same problem while I'm in Montana still trying to get home. I reminded him that prison doesn't change the fact that he ran a successful business for more than 20 years and holds an undergraduate and a master's degree. He owned the conviction and accepted responsibility for it, but he isn't thinking like an underdog. Malcolm Gladwell wrote about...
