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Charges: Antitrust violations, price-fixing conspiracy. Northern District of California. Hon. Edward M. Chen. Service: Sentencing narrative, character reference letters, oral statement preparation. 3.5 years before sentencing. Outcome: Probation. No prison.
He pleaded guilty to a federal price-fixing conspiracy and then waited three and a half years to be sentenced. He did not spend that time waiting. He spent it building a record, and when Judge Chen finally sentenced him, the result was probation, no prison.
Two Phone Numbers
Stephen Hodge pleaded guilty on May 30, 2017. He had been senior vice president of sales for StarKist, managing accounts with Walmart, Kroger, and every major grocery chain in the country. He was good at the job. Then a colleague handed him two phone numbers and said, "Now that Chuck and I are gone, this is your responsibility." The numbers belonged to competitors at Chicken of the Sea and Bumble Bee.
He made the calls. He talked prices with people he was not supposed to talk prices with. He knew it was wrong before he knew it was illegal, and by the time he understood fully what he had done, he was too far in to stop.
He pleaded guilty. Then he waited three and a half years for sentencing.
The Record He Built Over Three and a Half Years
Across those years he worked to build a record that showed the conduct was out of character and that the judge should weigh the whole of his life. Three things carried it: the narrative, the letters, and an honest statement.
The narrative gave Judge Chen a life. Who he is, where he came from, the family and career he built, the line he crossed, and what he planned to do next. Ten pages, 3,500 words. Backed by evidence, not happy talk.
The character letters came from family, colleagues, and friends. The instruction was specific: just enough, but not too many. Not a stack of form letters. A small number of people who knew him, writing about his character firsthand.
Then the oral statement. He stood in Judge Chen's courtroom and spoke about his crime, his remorse, and what he intended to do. He did not blame the colleague who handed him the phone numbers. He did not blame StarKist. He did not point out that others were never charged.
Judge Chen said on the record that he believed him.
Probation, No Prison
Measure | Result |
|---|---|
Charges | Antitrust violations, price-fixing conspiracy |
Court | Northern District of California |
Judge | Hon. Edward M. Chen |
Guilty plea | May 30, 2017 |
Pre-sentencing period | 3.5 years |
Assets built | Sentencing narrative, character reference letters, oral statement |
Sentence imposed | Probation |
Prison | None |
Frequently Asked Questions
How do you prepare for a federal sentencing hearing?
You build the record long before the hearing date. The hearing is where the judge announces the sentence; the preparation happens in the months before: the narrative submitted through your attorney, the character letters filed with the court, the sentencing memorandum arguing for a specific outcome. By the time this defendant walked into Judge Chen's courtroom, the judge had already read the narrative and the letters, and the oral statement confirmed what the record had built. The point is not just reading about the process but doing the work to put it into practice.
What does a probation officer look for at sentencing?
Facts. The probation officer who writes the presentence report is looking at the same things the judge will read: what the defendant did, what the history shows, and what the defendant has done since the guilty plea. A narrative that names the conduct specifically, character letters from people who know the defendant personally, and a documented record all feed the PSR. The probation officer's recommendation carries weight, and judges read it, so preparation before the PSR interview matters.
How many character reference letters should you submit?
Just enough, but not too many. A small number of letters from people who know the defendant well and write specifically about who that person is carries more weight than a large stack of generic letters. In this case the letters came from family, colleagues, and friends who wrote about what they knew firsthand, and the restraint was deliberate.
What should you say in your oral statement at sentencing?
Speak to your crime, your remorse, and what you intend to do, without excuses. In this case the defendant did not blame the colleague who handed him the phone numbers, did not blame his employer, and did not point out that others were not charged. Judge Chen said on the record that he believed him. That does not happen when a statement sounds rehearsed or deflecting; it happens when the defendant tells the truth.
What is the difference between what White Collar Advice does and what a defense attorney does?
A defense attorney handles the law: plea negotiations, guideline arguments, sentencing memoranda, PSR objections, courtroom advocacy. White Collar Advice builds the mitigation record: the narrative, the character letter strategy, the oral statement preparation. In this case the attorney handled the legal strategy and the defendant did the work of building the record, and the years of preparation gave him purpose during an uncertain wait, not only a better outcome.
What does a $500 diagnostic call with Justin involve?
Justin listens. He asks where you are in the case, what you have already done, and what success looks like, then tells you what is possible. If there is no value in the call, he returns the money. If you proceed, the $500 applies to the scope of work.
Written by
Justin Paperny
Founder White Collar Advice