How to Write an Acceptance of Responsibility Statement

What belongs in an acceptance of responsibility statement?

LG walked into his presentence interview carrying a statement he did not write. It was, in his words, "a boilerplate acceptance of responsibility that had nothing to do with me." He was facing 63 to 70 months for his role in an investment fraud, and the document meant to introduce him to his probation officer could have described any defendant in the building. "I worried that the judge would never know my story," he said.

Sheepshead Bay

LG grew up in Sheepshead Bay, New York, raised by a single mother who worked as a bookkeeper. He kept his grades up while delivering newspapers, selling athletic apparel, and playing sports, then earned a bachelor's degree in criminology and moved to Georgia to trade commodities. He worked at several trading firms, married, survived cancer, and raised three children. His own father had not been around, so he made sure he was around for his kids: he coached his sons' football and baseball teams, sat on the football association board, and did not miss their games or school plays. He also joined the board of the Cancer Assistance Fund and planned charity events for cancer patients.

The Panama firm

After several years in credit card processing, that business ended, and LG followed a former associate to a foreign currency exchange firm based in Panama. He handled administrative work there while he grew dependent on opioids. The firm ran a scheme to defraud investors. LG later admitted his part in it and pleaded guilty to conspiracy in federal court.

Starting the statement over

As sentencing got close, he found our website and videos. "I didn't know anybody who'd been through the federal system," he said. "Watching the WCA videos was like opening a new world of information. I wish I'd accessed this information from the beginning." Our team rebuilt his statement starting from his childhood. "[They] walked me through my life story and brought back stuff I hadn't really thought about," he said. We also helped his family and friends write character letters, and his relatives were glad to have the help. "I don't know what they would have done without guidance and support," LG said. Before the hearing, he also talked with our team about his opioid history and where he wanted to serve his sentence.

51 months

At the hearing, LG stood and read the statement he had built. Before announcing the sentence, the judge referred to the character letters, recommended LG for the Residential Drug Abuse Program, and noted his prison preference. Then he imposed 51 months, a full year below the low end of what LG had expected. "I went into that hearing feeling confident and prepared," LG said.

"I want to use my time in prison to turn my life around," he said. "I plan on taking advantage of every possible course and program."

Before your own presentence interview, ask to see the statement that will go to probation in your name. Read it once with a single question in mind: would anyone who knows you recognize you in it? Then schedule a free call with our team and tell us what is missing.

Thank you,

Justin Paperny

Questions about this case

Why does a boilerplate acceptance of responsibility fall flat? It describes nobody. The presentence interview is where the probation officer forms the impression that carries into the report the judge reads, and a form that fits any defendant gives the officer nothing about you. LG's first statement had nothing about Sheepshead Bay, his kids, his cancer, or the opioids.

Can a federal judge recommend RDAP and a specific prison? Yes. A judge can recommend the Residential Drug Abuse Program for someone with a documented substance-use history and can note a preferred facility. The Bureau of Prisons makes the final call on both. LG's judge did both on the record.

What should you know about the First Step Act before you surrender? Eligible people can earn time credits by completing approved programs inside federal prison, and those credits can move up a transfer to a halfway house or home confinement. Knowing the rules before surrender lets you pick your programs on the first day instead of the sixth month.