How to Prepare for Federal Sentencing When Your Lawyer Won't

Charge: Federal fraud conspiracy, an investment scheme run through a Panama-based foreign currency firm. Guilty plea.

Service: Personal statement to the judge, character reference letter guidance, prison designation and RDAP strategy.

Outcome: He expected 63 to 70 months. The judge imposed 51, recommended RDAP, and noted his prison preference.

The lawyer said he would handle the statement to the judge. He showed up at the interview with a boilerplate acceptance of responsibility that had nothing to do with the man it was about. Five weeks of a life reduced to a form. This is the story of what a defendant built once he stopped waiting for his lawyer to do it.

Sheepshead Bay to a Panama Currency Firm

LG grew up in Sheepshead Bay, New York, where his single mother worked as a bookkeeper. He earned good grades while delivering newspapers, selling athletic apparel, and playing sports. After a bachelor's degree in criminology, he moved to Georgia to trade commodities. He worked at multiple trading firms, married, survived cancer, and had three children.

Having grown up without his father around, he devoted himself to his children. He coached his sons' football and baseball teams, served on the football association board, and did not miss games or school plays. He joined the board of the Cancer Assistance Fund and planned charity events for cancer patients.

He spent several years in credit card processing until that business ended. Then he joined a former associate at a Panama-based foreign currency exchange firm. He handled administrative tasks while becoming dependent on opioids. He later acknowledged his role in the company's scheme to defraud investors. He accepted responsibility for his conduct and pleaded guilty in federal court.

The Lawyer Told Him Nothing

As sentencing approached, he found the White Collar Advice website and the team's videos.

"My lawyer told me nothing and did not prepare me for anything. I was totally in the dark and had no one to talk to. I didn't know anybody who'd been through the federal system. Watching the WCA videos was like opening a new world of information. The clear message made perfect sense. I wish I'd accessed this information from the beginning."

He worked with Lawrence Hartman to prepare his personal statement for the judge.

"Before I found WCA, my lawyer said he would take care of writing a statement. He showed up at my Pre-Sentence Interview (PSI) with a boilerplate acceptance of responsibility that had nothing to do with me. I worried that the judge would never know my story. Larry was very easy going. He walked me through my life story and brought back stuff I hadn't really thought about. Larry did a great job."

The team also helped his family and friends prepare character reference letters.

"My family was happy and relieved to get the help. WCA made it easy on them. I don't know what they would have done without guidance and support."

63 to 70 Expected, 51 Imposed

He arrived at his hearing expecting 63 to 70 months. He read aloud the statement he had built with Larry. Before announcing the sentence, the judge referenced the character reference letters. He had also talked with the team about his preferred prison designation, and the judge, having reviewed the submission, recommended him for the Residential Drug Abuse Program and noted his prison preference.

The judge imposed 51 months.

"I went into that hearing feeling confident and prepared thanks to Larry. The entire process got much better once I got into the right frame of mind. I don't see why anyone would go through that without help from WCA."

Getting Ready to Surrender

He continues to work with the team as he prepares to surrender. They are bringing him up to speed on how he can benefit from the First Step Act, and he is taking concrete steps to get ready. The content covers the early phase of a sentence, and team members describe how they used their own time inside to improve their health and build skills.

"I paid my lawyer a tremendous amount of money and he turned out to be 100% useless. I figured he knew what to do, but he didn't. I would 100% recommend WCA to someone in this type of situation. I got a huge benefit and peace of mind knowing that I'd done everything I could to prepare."

"I want to use my time in prison to turn my life around. I plan on taking advantage of every possible course and program. Coming out better is definitely the hope."

The Outcome

Frequently Asked Questions

What should you do if your lawyer is not preparing you for federal sentencing?

Start building the record yourself, in parallel with the legal defense. A defense attorney argues the law. Preparing for sentencing means building the things the attorney usually does not: a personal statement in your own voice, character reference letters grounded in specific moments, PSR interview preparation, and a prison designation and program strategy. In this case the lawyer prepared nothing and showed up at the interview with a boilerplate acceptance of responsibility. Once the defendant built his own statement, he walked in prepared, and the sentence came in below what he expected.

Why does a boilerplate acceptance of responsibility not work at the PSR interview?

Because it describes no one. A form that could apply to any defendant tells the probation officer and the judge nothing about the specific person in front of them. The PSR interview is where the probation officer forms an impression that carries into the report the judge reads. A generic document surrenders that moment. In this case the lawyer's boilerplate "had nothing to do with me," in the defendant's words. The personal statement he built instead walked the judge through an actual life.

Can a judge recommend RDAP and a specific prison at sentencing?

Yes. A judge can recommend the Residential Drug Abuse Program for a defendant with a documented substance-abuse history, and can note a preferred facility, though the Bureau of Prisons makes the final placement decision. Those recommendations carry weight. In this case the defendant discussed his designation preference and his documented opioid dependency before the hearing, and the judge recommended RDAP and noted the prison preference on the record.

What is the First Step Act and how can it help before you surrender?

The First Step Act lets eligible people earn time credits by completing evidence-based programs inside federal prison, credits that can go toward earlier transfer to a halfway house or home confinement. Understanding it before surrender lets a defendant walk in with a plan for which programs to pursue and why. In this case the team is bringing the defendant up to speed on the First Step Act as part of getting ready to surrender.

How does White Collar Advice help a family prepare character reference letters?

By guiding the people who know the defendant to write letters that describe specific moments rather than general praise. A letter that says someone is a good person does nothing; a letter that describes what that person did, when, and why it mattered does something. In this case the family said the guidance made a hard task manageable, and the judge referenced the character letters before announcing the sentence.

Does working with White Collar Advice conflict with your defense attorney?

No. The attorney handles the law: negotiations, motions, sentencing memoranda, courtroom advocacy. White Collar Advice builds the mitigation record: the personal statement, character reference letter strategy, PSR preparation, and designation and program planning. In this case the two ran in parallel, and the defendant credited the preparation for how the hearing went.