Biz and Tech Podcasts > Business > White Collar Advice
Last Episode Date: 01/24/2025
Total Episodes: Not Available
In this episode, I break down the federal sentencing guidelines, the proposed changes by the U.S. Sentencing Commission, and what they mean for defendants preparing for sentencing. I share real stories, including how David Moulder and Klete Keller used preparation and accountability to influence their outcomes. Learn how to address the § 3553(a) factors, take control of your narrative, and build a record that can make a difference in court and beyond.
When faced with a government investigation, your early decisions can influence the outcome, including how long you serve in federal prison. In this episode, I share stories of two individuals—Dan, whose attempt to cover up financial fraud led to obstruction charges and a longer sentence, and Lisa, who faced her mistakes head-on, avoided criminal charges, and resolved her issues proactively. I’ll discuss why covering up crimes often backfires, the risks of obstructing justice, and how taking responsibility can shape a more positive outcome. Whether you're facing financial misconduct, tax issues, or other allegations, this episode offers insights to help you navigate these challenges and make better choices.
The precharge phase is a tense and uncertain time, but it’s also an opportunity to take steps that can influence whether you face lesser charges, avoid an indictment, or endure a long investigation. By being proactive—consulting with the right lawyer, preserving evidence, and demonstrating accountability—you can take control of your situation. Waiting, hiding evidence, or freezing in fear often backfires, leading to stricter scrutiny or harsher consequences. Instead, stop harmful actions immediately, document corrective efforts, and coordinate with an experienced defense team to ensure you’re prepared. This phase isn’t about confessing to crimes you didn’t commit; it’s about showing good faith and cooperation while building a credible case. Start now to minimize the fallout and protect yourself and your family. For more guidance, schedule a free consultation with White Collar Advice.
When a federal subpoena arrives or a federal agent contacts you, the reality is clear: you’re part of an investigation. But for so many people, that moment feels like it comes out of nowhere. I’ve been there. I know the panic that sets in, the shock of realizing that your actions—or the actions of others—have put you under scrutiny. It’s easy to feel blindsided, but with some self-examination, the warning signs often become clear. The sooner you identify them, the better. Recognizing the Warning Signs If you’ve done something wrong—or even been connected to something questionable—the signs of a federal investigation are often there. Here’s what to look for: Fired from Your Job: Losing your position isn’t just about company policy. Employers often act to protect themselves and their shareholders. They may self-report or cooperate with regulators to avoid becoming a target themselves. In later articles we will cover whistleblowers. Civil Lawsuits: Are you being sued? If people are coming after you in civil court, it’s likely because they’ve suffered losses or harm. Those same lawsuits can feed evidence directly to government investigators. Cut-Off Communication: Are colleagues or former partners suddenly avoiding you? If people you used to rely on are no longer answering your calls, it could mean they’re cooperating with investigators—or distancing themselves for their own protection. Each of these signs is like a puzzle piece. When you put them together, they often reveal a bigger picture. And that picture usually includes prosecutors, agents, and investigators quietly building their case while you’re still trying to convince yourself it’s nothing. Why Waiting Makes Everything Worse It’s human nature to hope a problem will go away. Maybe you tell yourself it’s all a misunderstanding or that the government has bigger things to focus on. I know that mindset well because I lived it. Here’s what I’ve learned: waiting only gives the government more time to work against you. Federal investigations take months, sometimes years, to develop. While you’re doing nothing, they’re interviewing witnesses, subpoenaing records, and building a case. By the time an FBI agent shows up at your home, they probably already know more about your actions than you do. The longer you wait, the fewer options you’ll have to protect yourself. Taking Control Before It’s Too Late If you’ve noticed the warning signs, now is the time to act. You don’t have to face this alone, but you do need to take the first step. Acknowledge the Problem: It’s not easy, but the sooner you accept that there’s an issue, the sooner you can start addressing it. Find the Right Lawyer: You don’t need just any lawyer—you need someone with experience in federal investigations who can guide you through this process. Start Building Your Record: Document your efforts to make things right. You Don’t Have to Do This Alone Our team knows the anxiety that comes with wondering what’s next. Sleepless nights, constant fear, and the feeling that everyone’s working against you—it’s overwhelming. But you don’t have to go through this alone. You can take steps now to gain clarity and better understand how you can get on track. One of your first goals is to stop making matters worse. We’re here to help. Join our free webinar every Monday and learn what steps to take now. We’ll cover how to interpret the warning signs, what actions to take immediately, and how to begin preparing for what’s ahead. Register at WhiteCollarAdvice.com. Justin Paperny
If you are a defendant, just do the opposite of Sean Combs. Justin Paperny
In today’s episode, I talk about Oliver Burkeman’s Four Thousand Weeks and how his approach to time and priorities can guide anyone preparing for a probation interview. Burkeman’s idea of “joyful neglect”—choosing what matters most and letting go of the rest—can help you create a clear, meaningful message. We’ll explore how embracing limitations, being honest, and taking responsibility can shape a powerful interview that reflects real growth and intention. Join me for practical takeaways on preparing for this important interview. Justin Paperny
The Metropolitan Detention Center (MDC) has long struggled with deep-rooted issues around safety, transparency, and accountability. As high-profile cases bring new attention to the facility, there's now a large-scale, interagency investigation. I discuss the systemic issues facing MDC, the role of poor leadership and understaffing, and the Bureau of Prisons' need for meaningful reform. Until they address these structural problems, taxpayers will continue funding settlements, and detainees will face unsafe conditions. Only with prudent transparency and accountability can we expect improvement within the Bureau of Prisons.
There Are No Guarantees in Sentencing In this podcast, I lay out a simple but crucial truth: nobody can guarantee what your sentencing outcome will be or when you'll get out of fedearl prison. If you’re focused on getting promises or assurances, you’re missing the point. The federal psystem doesn’t work that way, and asking for guarantees only shows a lack of understanding about what really drives a shorter sentence and earlier release from federal prison. Stop Obsessing Over the End Result, Focus on the Process Too often, people focus on the outcome they want—avoiding federal prison, early release—without really recognizing what it takes to get there. If you're asking for a shortcut, you're missing the work that matters: understanding what got you here and what leads to the result you want. In this episode, I talk about the shift that needs to happen—away from demanding results, and towards owning your story, taking daily steps, and building a record that shows why you are a candidate for leniency without even having to ask for it. Why Stakeholders' Perspectives Matter More Than Yours Your own view of your case—thinking you’re the victim or feeling you’ve been treated unfairly—doesn’t hold much weight with the people who will decide your fate. I break down why it’s essential to understand the perspectives of stakeholders like the judge, prosecutor, probation officer, and, crucially, the victims. By seeing things through their eyes, you can build a story that resonates and overcomes skepticism. Accountability is Built Daily, Not With Empty Words Talking about change is one thing; showing it is another. I highlight examples of people in our community who committed to the hard work of documenting their journeys, taking small steps daily, and building credibility over time. One example is Tracii Hutsuna, who was able to earn leniency from a judge by demonstrating growth and progress, rather than just asking for it. This isn’t about lip service—it’s about creating a record that proves you are different. tahn your plea agreement. Effort Over Quick Fixes I caution against the illusion of quick fixes. Some people will tell you what you want to hear to get paid, promising outcomes they can't deliver. Instead, I talk about why daily effort accountability are the only reliable paths to a better outcome. When you stop asking for a guaranteed result and start doing the actual work your life will improve. Aligning with the Judge’s Values Judges are human. They respect hard work, authenticity, and growth. I encourage listeners to think about their judge’s journey—the years of effort it took for them to get where they are—and show them you’re willing to work just as hard to make things right. When you align with their values and demonstrate that you're not going to be back in their courtroom, they’re more likely to consider leniency. Takeaway: Success Isn’t in the Outcome, It’s in the Process The bottom line is this: as I also shared in my last podcast, change comes from focusing on what you do daily, not on the promises you want to hear. This mindset is the foundation of the work my team and I do. We are here to guide anyone ready to step up and do the work—not with empty promises, but with real strategies for owning your journey, building credibility, and showing stakeholders that you’re serious about doing the work. There are no shortcuts. Justin Paperny
In this episode, I explore how checklists, small habits, and intentional reflection can help you make progress while managing a government investigation. Inspired by The Checklist Manifesto by Atul Gawande and informed by Atomic Habits, Hidden Potential, and Difficult Conversations, I share practical strategies for developing clarity and accountability. At the heart of this approach is the Straight-A Guide, a framework I learned from my partner Michael Santos, which emphasizes Attitude, Aspiration, Action, and Accountability. Thanks for listening! Justin Paperny
In Range by David Epstein, the argument is clear: in today’s unpredictable world, those with broader experiences—generalists—can be more successful than specialists. This resonates with me, as I had to rebuild my life after prison, trying new things and developing new skills. Epstein contrasts athletes like Tiger Woods and Roger Federer, showing how diverse experiences lead to success. This book reinforces the importance of adapting, embracing failure, and avoiding a singular focus for anyone dealing with a white-collar crime investigation. There’s dignity in trying, failing, and ultimately thriving by applying past skills in new ways.
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