How Do You Prepare for Federal COVID Relief Fraud Sentencing?

“The price of greatness is responsibility.”

Winston Churchill, Harvard University, 1943

Christopher Hayes had never been in trouble with the law when he received a federal target letter. Investigators were examining false information he had submitted to obtain money from the Coronavirus Food Assistance Program. The government had lost $249,000, and Christopher was facing the possibility of federal prison.

He spent approximately 20 hours watching White Collar Advice videos before contacting our team. He wanted to understand federal sentencing, the probation interview, and what he could do while his defense attorney handled the criminal case.

“I'd never been in trouble before, so I appreciated how WCA really laid it out clearly. They helped me lower my stress and build my confidence. WCA gave me specific direction about how I could work toward a better outcome at sentencing.”

Christopher eventually pleaded guilty to making false statements. At sentencing, the judge imposed 30 months in federal prison, at the low end of the applicable guideline range. Christopher recalls the judge discussing the personal narrative he had prepared and explaining that he had considered a higher sentence because fraud involving pandemic relief funds called for deterrence.

A Business Setback and a $249,000 Federal Fraud Case

Christopher grew up in Atlanta and began working after high school. He operated a convenience store, worked in auto body repair and trucking, and invested in real estate. He and his wife were raising two children while he pursued different business opportunities.

A serious business setback created financial pressure. During that period, Christopher submitted false information on an application for the Coronavirus Food Assistance Program, known as CFAP. The program provided assistance to agricultural producers affected by the pandemic. His false application resulted in a $249,000 loss to the government.

He pleaded guilty to making false statements.

Christopher had spent years working in different industries and supporting his family. Now he had to explain why he had submitted an application containing information he knew was false. His financial troubles were part of what happened, but they did not excuse his decision.

During an interview with Michael Santos, federal Judge Mark Bennett discussed why a person's history matters at sentencing. “It doesn't justify, but it does explain,” he said.

Christopher needed to examine the financial pressures he had experienced while acknowledging the money obtained through the false application.

Twenty Hours of Videos Before One Phone Call

Christopher watched approximately 20 hours of White Collar Advice videos before contacting us. He studied federal investigations, sentencing, probation interviews, and prison because he had no experience with the federal criminal justice system.

When he called, he began working with Larry Hartman on a personal narrative. Larry interviewed Christopher about growing up in Atlanta, his business experience, his wife and children, and the circumstances surrounding the false application.

They also discussed his drinking. Christopher had developed a habit of consuming excessive amounts of alcohol when he was under stress, something he needed to examine as he prepared for sentencing.

“Larry helped me reflect on my life. Our conversation brought out a lot of things I'd forgotten. I felt much better after speaking with Larry. It was very therapeutic and the final document was spot-on. Also, it prepared me for the Pre-Sentence Interview.”

Christopher had spent years moving between different businesses and responsibilities. Writing the narrative required him to revisit those experiences, discuss his alcohol use, and account for the decision that had brought him into federal court.

Preparing for the Probation Interview

Before sentencing, Christopher had to meet with a federal probation officer for a presentence investigation interview. The officer would ask about his background, employment, finances, family, substance use, and involvement in the offense.

Larry helped him prepare for those questions. Christopher had never participated in a federal probation interview, and he wanted to be ready to discuss subjects that might be uncomfortable, including the false application and his drinking.

The probation officer would use information from the interview and other sources to prepare the presentence investigation report, commonly called the PSR.

Former Chief U.S. Probation Officer Chris Maloney explained during our interview about the presentence investigation that the report follows a person into federal prison. The Bureau of Prisons uses it when making decisions about designation, classification, and programming. Probation officers may also consult the report when someone begins supervised release.

That was relevant to Christopher because he wanted to understand whether he might qualify for substance abuse treatment while incarcerated. His discussions with Larry had covered his drinking history, and he needed to provide accurate information to probation and his attorney.

Volunteering While Waiting for Sentencing

Christopher also began volunteering with Isaiah 5 Ministries. He was still facing federal sentencing, but he had found something he could do while waiting for the hearing.

He continued working on his narrative and preparing for the probation interview. He also began learning about prison programs and the possibility of participating in the Residential Drug Abuse Program, known as RDAP.

“I slept better each night knowing that I was doing everything I could to help myself.”

Christopher could not undo the false application or decide what sentence the judge would impose. He could complete the work he had started and provide his attorney with records of his activities before the hearing.

The Judge Imposed 30 Months

At sentencing, Christopher remembers the judge discussing the need to deter fraud involving pandemic relief funds. According to Christopher, the judge said he had considered imposing a sentence at the high end of the guideline range.

The judge imposed 30 months, at the low end.

“However, he gave me the lower end of the guidelines and RDAP. The judge said it was because of the narrative.”

Christopher also recalled that the judge recommended RDAP and supported a request for FCI Montgomery, a federal prison with treatment programming. The Bureau of Prisons would make the final decisions about his facility designation, eligibility for RDAP, and any associated benefits.

Christopher had prepared for the possibility of incarceration, but he would still have to leave his wife and children to serve his sentence.

Planning for Life After Federal Prison

Christopher had experience operating businesses, working in trucking and auto body repair, and investing in real estate. He knew that returning to work after a federal conviction would present challenges, and he began thinking about how he might use his experience when he came home.

“I want to help people make positive change in their lives. And if somebody gets in trouble, the key is to be accountable and learn from it.”

He wanted to return to his family, find work, and help others who were facing problems of their own. First, he had a federal prison sentence to serve.

Facing Federal COVID Relief Fraud Sentencing?

If you've received a federal target letter or are waiting for sentencing, what have you prepared for your defense attorney and probation officer? Can you explain the decisions that led to the offense? Are you ready to discuss your employment, finances, family, and substance use history? Have you documented any work you've completed since the investigation began?

White Collar Advice helps clients prepare personal narratives, get ready for presentence investigation interviews, document activities completed before sentencing, and understand federal prison preparation. We work alongside defense attorneys, who handle the legal case.

Schedule a complimentary consultation to discuss your circumstances and what you can begin preparing. You can also call or text 949-799-3277.

Thank you,

Justin Paperny