Can You Prepare for a Better Federal Embezzlement Sentencing?

“What's past is prologue.” William Shakespeare, The Tempest

The government wanted Brenda Campbell sentenced to 33 months in federal prison. The judge imposed 20 months.

During her sentencing hearing, the judge acknowledged the personal narrative Brenda had prepared and asked about something she had done before coming to court. She had stood in front of business students at the University of San Diego and spoken about her federal embezzlement case.

She had also brought feedback from those students to sentencing.

Think about that for a moment. A woman facing federal prison had gone into a classroom, explained how she had broken the law, answered questions, and allowed students to learn from decisions that had cost her career and freedom.

The judge wanted to know about it.

How Company Credit Cards Led to Federal Embezzlement Charges

Brenda grew up on Inlet Island, near Lake Tapps outside Seattle. She earned good grades in school and worked at a pizza shop, a bunk bed factory, and the local newspaper. She learned early that earning a living required showing up and doing the work.

After college, she built a career in business. She worked for a home security company and later for a major distributor of semiconductors and computer parts. Eventually, she became an assistant comptroller at an RV dealership.

That position gave her access to the company's financial records and credit cards. Brenda began making personal purchases on company cards and recording false journal entries to disguise those charges as legitimate business expenses.

She knew what the entries were supposed to represent. She also knew the purchases were personal.

When the FBI came to investigate, the consequences of those decisions reached far beyond her employment. Brenda pleaded guilty and faced federal sentencing.

What Happens After You Plead Guilty to Embezzlement?

By the time Brenda found White Collar Advice, she was trying to understand what she could do before sentencing. She had a defense lawyer handling the legal case, but she also wanted to prepare herself for the presentence investigation, her statement to the judge, and the possibility of prison.

She began studying our materials and listening to people who had already gone through federal sentencing.

“The personal examples helped me focus on how to create a positive future, instead of focusing on past events I could not change.”

She also read my book Ethics in Motion. One subject stayed with her: how people become accustomed to practices they once would have questioned.

Brenda had worked in an environment where she saw people cutting corners. Over time, she had stopped questioning some of what happened around her. But the choices involving the company credit cards and false journal entries were hers. She needed to explain those decisions without using the workplace as an excuse.

That became part of the work we did together.

Writing a Sentencing Narrative Without Making Excuses

Brenda began examining her life before the embezzlement. She wrote about her childhood, her education, her employment, and the responsibilities she had held in accounting and finance. Then she examined the decisions that led to her guilty plea.

The false journal entries mattered. They were not an accounting mistake or a misunderstanding. She had made personal charges and concealed them in the company's books.

Brenda needed to explain how she reached that point, acknowledge the people she harmed, and consider what she could do with the time remaining before sentencing.

She described the writing process in her own words:

“Nobody wakes up one day and decides to go break the law. The process opened up the big picture of my entire life, including what led up to my case. The narrative told my story well and helped me with healing. I hurt people and I needed to own that. The narrative process helped me get there. When it was time for my Pre-Sentence Interview, I was ready.”

I've interviewed federal judges about sentencing preparation, including Judge Stephen Bough. One subject that comes up in these conversations is the importance of helping a judge understand the person appearing for sentencing, not just the criminal charges.

The sentencing guidelines matter. So do the facts of the offense, the harm caused, and the person's history and characteristics. Federal judges consider these factors under 18 U.S.C. § 3553(a).

A personal narrative gives someone an opportunity to explain those facts in their own words. Whether and how it is submitted should be coordinated with defense counsel.

For Brenda, writing the narrative was one part of her preparation. What she did next gave her another experience to discuss at sentencing.

She Went Into a Classroom and Told Students What She Had Done

Brenda arranged to speak at Whitworth College and to business students at the University of San Diego.

She had worked in accounting. She understood the responsibilities that come with access to a company's money and financial records. Now she was explaining to students how she had violated those responsibilities.

Imagine sitting in that classroom. The person speaking isn't describing a hypothetical ethics problem from a textbook. She's explaining how she used company credit cards for personal expenses, concealed the purchases with false entries, and ended up facing federal prison.

Students could ask questions. Brenda had to answer them.

She wasn't there to tell them that she had been treated unfairly. She was there to explain what she had done and what it had cost.

“It felt good to turn my difficult moment into an opportunity to help others.”

Brenda also collected feedback from students who heard her presentation at the University of San Diego. That feedback became part of the material she submitted for sentencing.

This is worth considering if you're preparing for your own federal hearing. You may have professional experience that could help someone else understand the consequences of unethical or illegal decisions. You may be able to speak to students, employees, or members of your community.

The question is whether you have something useful to teach and whether you're willing to discuss your own mistakes without blaming someone else.

Brenda was willing to do that.

Preparing for the Presentence Investigation Interview

Before sentencing, Brenda also had to prepare for the presentence investigation interview. A federal probation officer would review her background, employment, finances, personal history, and the offense that brought her to court.

The information gathered during this process becomes part of the presentence investigation report, often called the PSR.

In our interview with former Chief U.S. Probation Officer Chris Maloney, we discussed why the report deserves attention. Its use does not end when the judge announces a sentence. Information in the PSR can matter when the Bureau of Prisons makes decisions about designation, classification, and programming.

Brenda had spent years working with financial records. She understood the importance of accuracy. Now she had to provide information about her own life and the embezzlement case.

Her narrative preparation helped her organize the history she needed to discuss. She went into the interview having already examined subjects that might otherwise have been difficult to explain.

“When it was time for my Pre-Sentence Interview, I was ready.”

Preparing Her Statement to the Federal Judge

Brenda also prepared a statement to read at sentencing.

She wanted to acknowledge the money she had taken, the false entries she had created, and the harm caused by her decisions. She did not want to stand before the judge and blame the industry, her former coworkers, or the environment in which she had worked.

She had already spoken to students about those choices. Now she would speak to the person deciding her sentence.

Her defense lawyer remained responsible for the legal submissions and courtroom advocacy. Brenda worked on the personal statement and supporting materials she could bring to that process.

By the time sentencing arrived, she had written her narrative, prepared for the probation interview, spoken to students, collected their feedback, and prepared the words she wanted to say to the judge.

The Government Asked for 33 Months. The Judge Imposed 20.

At sentencing, the government sought 33 months in federal prison. The judge imposed 20 months.

Brenda remembers the judge discussing her narrative and asking about the presentations she had made to business students.

“The judge acknowledged the narrative. He said that I'd obviously taken ownership without making excuses. He asked me about speaking to the students and mentioned things that stood out to him from the letters.”

Those remarks meant a great deal to Brenda. She had spent months examining her decisions and preparing to discuss them. She had also allowed students to question her about the case.

The court considered the sentencing record and imposed a 20-month sentence. We cannot say that her narrative or classroom presentations caused the judge to impose less time than the government requested. Sentencing decisions involve legal arguments, the guidelines, the offense, the person's history, and the other factors the court must consider.

What we can say is that Brenda brought documented work to sentencing, and according to her account, the judge discussed it.

What Brenda Learned Before Going to Prison

Brenda's preparation required her to revisit decisions she would have preferred to leave behind. She had to examine how she went from a successful career in accounting to making unauthorized charges and concealing them in financial records.

She also discovered that talking about those decisions could help someone else.

At Whitworth College and the University of San Diego, students heard directly from a person who had crossed the line they were studying in class. They heard what happened after the FBI became involved and how a federal conviction changed her life.

Brenda could not change the charges or undo the harm. She could choose what to do before sentencing and what she wanted to work toward after prison.

“I feel better than I have in a while. I felt depressed and anxious during the hard waiting process. Now, the end is in sight. I am planning for a happier, more fulfilling life. I am focusing on what is important. It's a real reset and I feel excited about the future.”

What Can You Do Before Federal Embezzlement Sentencing?

Brenda's experience raises a question for anyone facing sentencing: What will you have to show the judge about the time between your guilty plea and your hearing?

You may be working with an excellent defense lawyer. You should be. But your lawyer cannot live those months for you.

Brenda wrote about the choices that led to her embezzlement conviction. She prepared for the presentence investigation interview and her statement to the judge. She also went into classrooms and answered questions about decisions that had cost her freedom.

If you work in finance, medicine, law, business, or another profession, there may be people who could learn from what happened to you. That does not mean you should rush out and arrange a speaking engagement for the sake of sentencing. Any such activity should be genuine, appropriate to your circumstances, and discussed with your attorney.

But it is worth asking what you could begin doing now.

Frequently Asked Questions About Federal Embezzlement Sentencing

How is embezzlement sentenced in federal court?

Federal embezzlement sentences depend on the statute of conviction, the applicable sentencing guidelines, the loss amount, criminal history, and other relevant factors. The court may also consider whether someone abused a position of trust. In Brenda's case, the government requested 33 months and the judge imposed 20.

Can speaking to students help someone prepare for sentencing?

Speaking to students or community groups may provide a meaningful opportunity to discuss the consequences of illegal decisions. Brenda spoke at Whitworth College and the University of San Diego and submitted student feedback as part of her sentencing materials. According to her account, the judge asked about those presentations. That does not establish that the presentations reduced her sentence.

Can a federal judge impose less prison time than prosecutors request?

Yes, when permitted by law. The government's recommendation does not bind the judge. Courts consider the applicable guidelines and the sentencing factors under 18 U.S.C. § 3553(a). Brenda received 20 months after the government sought 33.

What should a personal sentencing narrative include?

A personal narrative may address family history, education, employment, the decisions that led to the offense, the people harmed, and what someone has done since the investigation began. Brenda used the writing process to examine her accounting career, her use of company credit cards, and the false journal entries that concealed her purchases. The narrative should be truthful and coordinated with defense counsel.

What happens during a federal presentence investigation interview?

A probation officer gathers information about the offense, personal history, employment, finances, family circumstances, and other matters relevant to sentencing. That information is used to prepare the presentence investigation report. Brenda prepared for the interview after working through her personal history and the decisions that led to her guilty plea.

What should you do if the FBI contacts you about workplace fraud?

Contact an experienced federal criminal defense lawyer before discussing the allegations with investigators. Preserve relevant records and follow your attorney's instructions. If the case proceeds toward sentencing, you can work with counsel to identify appropriate steps for preparing your personal history, presentence interview, and sentencing statement.

Facing Federal Embezzlement Sentencing? Start Preparing Now.

If you're facing federal embezzlement charges, the months before sentencing may be some of the most important months of your life. Your attorney will handle the legal case. But there is personal work you can do that no lawyer can do for you.

You can examine the decisions that brought you here, prepare for the probation interview, write about the people affected by your actions, and consider whether your experience could help someone else avoid similar mistakes.

Brenda had to stand before a federal judge and answer for what she had done. Before that day arrived, she chose to do more than wait.

What are you doing with the time you have?

At White Collar Advice, we help people prepare personal narratives, sentencing statements, presentence interviews, and plans for federal prison. Our work complements your defense attorney's representation.

Schedule a $500 strategy call to discuss your case, what you've done so far, and what you can begin working on before sentencing.

You can also call or text us at 949-799-3277.

Thank you,

Justin Paperny

P.S. Watch our interviews with federal judges and other subject matter experts. Hear what they say about the sentencing process and the information courts consider.