January 27, 2016

Last week a mortgage executive from Ohio asked me what separates successful defendants from unsuccessful ones.

“Successful defendants prepare on days they do not want to,” I told him, “and when they get advice, they question it, and seek to fully understand it, before implementing it. Lastly, they are not afraid to hold people accountable, and they learn to ask questions, like, “Walk me through the pros and cons of that decision and how it gets me closer to my most valued goal: ensuring I serve the shortest sentence in the most favorable institution.”

During this call I learned that this former mortgage broker was under investigation. His former colleagues, or soon to be co-conspirators, tipped him off that investigators had visited their office, and that they were probably heading to him next.

“What should I do next?” he asked me. “Will I get into RDAP and will you help me write a narrative for the judge?”

Clearly, he had spent time on line reading and thinking about ways he can shorten a potential sentence. But first things first…

Before worrying about RDAP, prison prep, or a personal narrative, he needs a lawyer and he needs to become better educated. I am not a lawyer and have never dispensed legal advice. I do have a network of lawyers I can call, however.

To that end, I called David Rosenfield, a white-collar defense attorney with Herrick, Feinstein, LLP in New York. Besides working to help me locate a quality defense attorney for this mortgage broker in Ohio, David offered to write a series of articles to help him and others like him.

David titled his series, “When Law Enforcement Comes Knocking – What Are Your Options?

Click Here for David’s first article: Part 1: The Surprise Government Interview

I told this mortgage broker that this was the article I needed to read when FBI Agents showed up at my home on April 28, 2005 (I would go to prison exactly 3 years later).

For those looking to prepare and learn, go read this article. I have no doubt you will learn, regardless of what stage in the journey you are in.

Best,

Justin

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