Can You Avoid Federal Prison After a Conspiracy Conviction?

“The unexamined life is not worth living.”

Socrates, as recorded by Plato in Apology

David Moulder faced a federal sentencing guideline range of 48 to 60 months in prison. When he appeared before Judge John R. Tunheim, he had spent two years preparing for that hearing. He had written about the decisions that brought him into federal court, volunteered, published a book about business ethics, and paid his restitution in full.

At sentencing, David remembers Judge Tunheim saying, “I'm going to do something unusual.” The judge imposed one year of probation and 21 days in county jail. David would not serve a federal prison sentence.

“I knew before he sentenced me that the work I put in had paid off. The judge said he was going to do something unusual, and in that moment, I felt it.”

To understand what David did during those two years, it helps to understand the business he built and the childhood experiences he chose to write about.

The Night His Father Put a Shotgun in His Mouth

David grew up in Des Moines, Iowa, with an alcoholic father. One night, his father put a shotgun in his mouth. David pulled the gun away. He eventually moved out of the house, determined to make a different life for himself.

He paid his way through five years of college, attending Des Moines Area Community College, Iowa State University, the University of Minnesota, and the University of St. Thomas. He graduated in 1992 with a degree in marketing and management. Two years later, he launched Viking Magazine with six telephones.

By 2014, his business had grown to approximately 300 employees and handled a million calls a month. David had a family and opened college savings accounts for his children when they were born. He spoke to employees about integrity and taught them that doing the right thing mattered most when nobody was watching.

Yet his companies, including PS Online, Viking Magazine, Total Customer Service, and Direct Clearing, processed payments and collected debts for marketers using deceptive sales practices. David knew that some of those businesses were misleading customers. He continued providing services and earning revenue from their transactions.

“My companies enabled these unethical sales by handling the payments and debt collection, contributing to a larger system of deceit. I turned a blind eye.”

That admission was difficult to reconcile with the values he had taught his employees. David had built a substantial business, but he had also made decisions that contributed to a federal conspiracy. He pleaded guilty and faced the possibility of spending years away from his family.

Writing About the Decisions That Brought Him to Federal Court

David found White Collar Advice in February 2024 after watching our videos and interviews with federal judges. His attorneys were handling the legal proceedings, and he wanted to begin preparing for sentencing.

We started interviewing him about his childhood, education, family, businesses, and participation in the conspiracy. Some conversations returned to experiences he had not discussed in years. Others examined why he continued processing payments after learning that customers were being deceived.

In our interview with federal Judge Mark Bennett, Michael Santos asked how a person's background should factor into sentencing. Judge Bennett explained, “It's very important to put the life of the individual in context.” He added, “It doesn't justify, but it does explain.”

David understood that distinction. He could write about his father's drinking and the night he pulled a shotgun from his mouth without blaming his upbringing for the choices he made decades later.

“Some people are victims of the circumstances of their upbringing. I am not. All of the decisions that brought me to this day are mine and mine alone.”

He revised his narrative over multiple sessions, adding details about the business he built and the decisions he regretted. The document gave his attorneys a written account of his history and his role in the conspiracy.

“Justin and his team made it clear: no one else could tell my story for me. If I wanted the judge to see who I really was, I had to take ownership, lead the process, and prove that I was more than my worst decisions.”

A Book About Ethics From a Man Who Had Broken His Own Rules

David began volunteering with Prison Professors Charitable Corporation, helping develop educational material for people in federal prison. He also volunteered at Second Harvest food bank and supported his church.

Another project became a book called The Ethical Edge. For years, David had spoken to employees about integrity while allowing his companies to handle transactions connected to deceptive sales. He now had to examine the contradiction between what he taught and what he did.

Writing the book forced him to return to those decisions and explain what he had learned from them. He published it before sentencing and sent a copy to Judge Tunheim.

David also paid his restitution in full. His attorneys could review the book, volunteer records, character reference letters, and restitution documentation as they prepared for the hearing.

Preparing to Speak Before Judge Tunheim

David worked with our team over multiple sessions on his allocution, the statement he would deliver directly to the judge. He needed to discuss the conspiracy, his role in processing payments, and the customers who had been deceived. He also wanted to explain what he had done since the investigation began.

Standing before a federal judge is different from writing at home. David knew he faced a guideline range of 48 to 60 months, and he would have to speak while the court considered whether to send him to prison.

During our interview with Judge Stephen Bough, Michael Santos asked about people who struggle with public speaking. Judge Bough said, “Being nervous and writing it out and reading it can be just as powerful.”

David prepared his statement and practiced delivering it. He also worked with our team on character reference letters, including letters from professors familiar with his volunteer work.

Judge Bennett offered useful advice about those letters during his interview: “Tell me how you know the person, what their characteristics are, and then let me decide how that fits into an appropriate sentence.”

The letters described relationships and experiences the writers knew firsthand. David's attorneys could determine which materials to present alongside their legal arguments.

“I'm Going to Do Something Unusual”

When David appeared before Judge Tunheim, he was nervous. He had spent two years preparing, but he did not know what sentence the judge would impose.

He delivered his allocution. According to David, Judge Tunheim then told the courtroom, “I'm going to do something unusual.”

The sentence was one year of probation and 21 days in county jail.

David had faced an advisory guideline range of four to five years in federal prison. Another participant in the conspiracy, described as its kingpin, received ten years in federal prison, although the two cases involved different individuals and circumstances.

David left court knowing he would serve 21 days in county jail and complete probation. He would not spend several years in federal prison.

He had begun the process with a business history he needed to explain and criminal decisions he could not undo. By the time he stood before Judge Tunheim, he had written about those decisions, published The Ethical Edge, completed volunteer work, paid restitution, and prepared to speak for himself.

What Can You Prepare Before Federal Conspiracy Sentencing?

David began working with White Collar Advice in February 2024, approximately two years before sentencing. Our team helped him develop his personal narrative, prepare his allocution, and organize character reference materials. He completed the writing, volunteer work, and restitution payments while his defense attorneys handled the legal case.

His story offers questions worth considering if you're facing federal sentencing. Can you explain the decisions that brought you into court without blaming other people? Have you prepared for the probation interview and your opportunity to address the judge? What have you completed since the investigation began that your attorney can review?

You may not have two years before sentencing. You may have a few months. The work you can complete will depend on your circumstances, your attorney's advice, and the time available.

At White Collar Advice, we help people prepare personal narratives, allocution statements, character reference materials, and records of completed work. Your defense attorney remains responsible for legal strategy and courtroom advocacy.

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