White Collar Advice

What happens when you prepare for federal prison, do the work, come home, and still struggle to open a bank account? I've been home since 2009. In this conversation, we talk about earning a living after prison, the shame of a conviction, and trying work you've never done before. I share how handwritten prison blogs brought my first phone calls, why I refunded my first paying client, and what I reg...

I finished Sam Harris's Free Will last night, 1 hour and 14 minutes on Audible, and it made me look again at how I went from USC and Bear Stearns to lying to FBI agent Paul Bertrand. Harris argues we don't choose our thoughts, our genetics, our parents, or our early experiences. That idea is dangerous in front of a judge. If your narrative suggests it wasn't your fault, the court and your victims...

A journalist keeps hitting me with one question: isn't what you do manipulation? So on question 11, I stop and read her the definition: to control or influence cleverly, unfairly, or unscrupulously. Then I walk through it. Sentencing advocacy is influence, yes, but so is the government's case, the defense attorney's argument, and sometimes a victim impact statement (I've seen people claim to be vi...

A journalist writing about white collar crime sent me about 50 questions before our call. We cut it to 25, and I answered the first three here. Who I am and why anyone should listen to me: going to prison does not qualify you to give advice, and neither does failing. What matters is what you did with the experience and whether you built a record someone can look at. How I went from USC and Bear St...

I got a call from someone new to our community, asking me to speak with his lawyer, a guy with more MVP awards than Michael Jordan, Kobe Bryant, and Magic Johnson combined. Two things stood out. The defendant didn't know his own guidelines were more than seven years, even after signing a plea agreement with points and restitution; how do you sign that and not know your number? And of course, he di...

I look back on playing baseball at USC, where making the travel roster to Stanford felt like a big deal. I remember grounding out weakly against Cal State Fullerton reliever Mark Kotsay, who went on to a 17 year career in the majors, and the years I spent punishing myself over that at bat, a regret that followed me into federal prison. Today USC plays North Carolina for a shot at returning to the...

On my way back from Santa Barbara, I stopped near Ojai and met with a woman whose husband had just surrendered to federal prison for ten years. I write about this meeting in my new book, After the Fall, chapter 14. She knew he was under investigation but not how severe; he kept her in the dark, and she expected two or three years, so everyone was stunned when they heard a decade. Every time he cal...

Every time we spoke, she'd say just get him home from federal prison. Before he went in, her husband blamed the court, the lawyers, the judge, and the co-defendant who cooperated against him. In prison he complained about his bunkie, the food, the commissary, his job, and asked why he was in a camp with no fences when he owed restitution. After he came home he complained about his probation office...

Nearly three years ago I spoke with a man who told me he was embezzling money. He was not the target of an investigation. I told him to stop the bleeding and not make it worse, and I referred him to five lawyers. He didn't call one. He had convinced himself, the way I once did, that another wire and another quarter would fix it and no one would know. He didn't fix it. The losses doubled. More vict...

Someone new to our community asked how Ippei got 57 months while his co-defendant, Matthew Boyer, got a year and a day. I told him it's not the right comparison. Ippei stole $16 or $17 million, and even if Shohei is the greatest athlete in the world and a billionaire, he's still a victim, and the case did real damage to his brand. But look at how the two men responded. Ippei blamed Shohei in his l...

When I went to federal prison I got the severity of my conduct. Standing for count, the 2 a.m. fire drills, visiting with crying parents. You realize maybe you can do better. When I settled with the Securities and Exchange Commission, really a toothless agency, I didn't get it. I had to go inside. I think that's the case for a lot of people serving time for very small frauds, $10,000 to $50,000 in...

I was on a phone call with a federal defendant and his wife, and twice she said, you got that right. Most people who come into our community went into business with good intentions, then things happened and before they knew it they were in trouble. A small number go into business to steal and do harm, and by this defendant's own admission, that was him. He took shortcuts. He said one thing and imm...

What would happen if you went to federal prison and said, I'm going to write 300 words six days a week for the 15 months I'm here? Document what you're reading and why. The lessons you're learning. How you became immersed in a government investigation and why it will never happen again. The steps you're taking to grow your network, develop new skills, and prove worthy of a second chance. You would...

At a sentencing hearing most judges hear I'm sorry, I'll never do it again, I'll spend the rest of my life making amends, I'll pay all my victims back. The judge says, we'll see. Then you serve 24 months. You come home to the bills, the mortgage, the rent, and the rebuilding is hard. You walk to the mailbox and the IRS has sent you a check for just under $10,000. You tell yourself they took your f...

Eighteen months ago a man told me the FBI betrayed him, destroyed his life, and ruined his marriage. He had lied on some forms to get a loan, then began cooperating, and he decided the FBI were his friends because he was helping them. They don't care about your family, your values, or your kid's Little League. They care about victims and prison. He also hid from his wife that he had put her name o...

Judge Wilson told me at my sentencing that he was tired of salesmen turning the other way for money, that most don't get caught, that I did, and that he was going to make an example out of me and send me to prison. The truth is I did much worse than turn the other way. I aggressively facilitated a fraud at Bear Stearns and then UBS, and I schemed with my colleagues so the commissions would keep co...

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...

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...

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 troub...

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. Th...

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...

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, an...

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, dr...

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...

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, the...