As I share in this live video, I spoke to a doctor indicted and sentenced for Medicare fraud.

First Contact and Initial Resistance: The doctor, facing about $6 million in restitution, believed repaying the total amount would absolve him from further consequences, including avoiding prison time.

The Importance of Preparing: During our conversations, I emphasized the need to build a compelling record leading up to his sentencing. This record is crucial for influencing the judge and probation officers (all stakeholders!) and future dealings with professional licensing boards and other entities.

Misplaced Confidence in Outcomes: The doctor was somewhat dismissive of the need for comprehensive preparation, assuming that his payment and clean prior record would suffice. He expressed skepticism about the value of our services unless we guaranteed a specific result: namely, he must avoid getting sentenced to federal prison.

Unexpected Outcome at Sentencing: Despite minimal mitigation efforts and reliance solely on paying back the money and character references, the doctor got precisely what he wanted: he avoided federal prison and received a year of home confinement. This outcome was much less than the government's request. The outcome emboldened him, as he was convinced his strategy was right. He even called to tell me!

Post-Sentencing Realizations and Challenges: After sentencing, the doctor faced significant challenges with his probation officer, who was critical of the leniency he received. He also failed to keep his medical license. This situation underscored the need for a robust, documented effort to justify leniency and maintain professional credentials.

Essential Lessons and Strategies:

Build a Comprehensive Record: Regardless of what you think will happen at sentencing, it is vital to create a detailed record that showcases rehabilitation, remorse, and lessons learned. This record will help you long after a sentencing hearing.

Engage in Mitigation Efforts: Simply repaying the restitution is not enough. Continuous and documented efforts to mitigate the situation can significantly affect life after sentencing.

Understand No Guarantees: Recognizing that no consultant can guarantee specific outcomes is crucial.

Prepare for All Phases: Preparation should not cease after sentencing. Ongoing efforts are necessary to navigate probation successfully and address potential challenges with licensing boards or other professional entities.

Personalized Approach: Every case is unique, and your strategy should be tailored to your specific circumstances and needs. What works for one might not work for another, underscoring the importance of a customized approach.

Our team encourages you to build a new record for the weeks, months, and years. There is no other way, presuming you want to overcome the collateral consequences of a conviction.


Justin Paperny

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