When I was indicted for securities fraud, I remember sitting in my lawyer’s office, nodding along while hearing terms I barely understood—“conspiracy,” “material misrepresentation,” “sentencing guidelines.” None of it felt real yet. What I knew for sure was this: I was in trouble, and I had no idea what to do.
If you’re reading this because you’re facing kickback schemes charges—maybe tied to the Affordable Care Act (ACA) or some other federal investigation—you’re probably feeling what I felt back then: overwhelmed, scared, uncertain.
I’ve now spent more than a decade helping people prepare for sentencing, prison, and rebuilding their lives. If I had a chance to go back, I’d do a lot of things differently. This blog is me walking you through what I wish someone had told me—plainly, without sugarcoating it.
Understand Exactly What You’re Being Accused Of
In fraud cases—especially ones involving government programs like ACA—there’s often more going on than what’s in the charging documents. The government may charge you with conspiracy, wire fraud, healthcare fraud, or money laundering. Those charges usually come with stacks of evidence, including emails, financial records, or witness testimony.
Here’s what I didn’t get at first: the government’s job isn’t to “tell the full story.” It’s to convict. That means you have to do your own work to understand not just the facts—but how the government is framing them.
When I finally sat down and studied the sentencing guidelines, read case law, and learned how prosecutors build white-collar cases, things got clearer. Don’t rely on your lawyer to do all the heavy lifting. This is your life. Learn what you’re up against.
Don’t Wait to Own What You Did
For months, I blamed everyone but myself. The market. My business partner. The culture of Wall Street. Anything to avoid the truth: I had choices, and I made the wrong ones.
Everything changed the day someone asked me: “What decisions did you make that got you here?” That question cut through every excuse I was holding on to.
Owning your role doesn’t mean you give up. It means you stop hiding. It means you get honest—with yourself and with the people who will decide your future.
Start by writing your own narrative. Don’t just say “I’m sorry.” Show that you understand your behavior, its impact, and what needs to change. Judges have seen every version of “I’m a good person who made a mistake.” What they don’t see enough of is people who’ve done the work to understand why they did what they did—and what they’re doing to change it.
Restitution Is About More Than Money
In ACA-related fraud cases, the victims might not have names or faces. But that doesn’t mean there weren’t real losses—to taxpayers, to the integrity of public programs, to trust in the system.
If you’re able to pay restitution, do it. If you’re not, show the judge you’ve thought about how to make things right anyway. That might mean participating in advocacy, educating others about fraud prevention, or supporting transparency efforts. You’re not trying to fix everything. You’re trying to prove you care enough to try.
Start Preparing Now—Don’t Wait for the Judge to Decide Your Fate
The best thing I ever did during my case was connecting with people who had already been through it—especially Michael Santos. He showed me how to turn time into something useful instead of just waiting to be sentenced.
If you’re serious about changing your outcome, start showing it now:
- Keep a daily log of what you’re doing to improve—reading, volunteering, therapy, fitness.
- Learn how the Bureau of Prisons works.
- Study your case. Prepare for your pre-sentence interview like it’s a final exam.
These aren’t symbolic steps. Judges, prosecutors, and probation officers will ask what you’ve been doing since your arrest. Your actions—or your lack of them—become part of the sentencing story.
Create a Release Plan Before You Ever Go In
When I went to Taft Federal Prison Camp, I saw the difference between guys who had a plan and those who didn’t. The ones with a clear reentry strategy—financial plans, support networks, community service ideas—got better halfway house placements and smoother transitions after release.
If your fraud scheme involved ACA enrollment, think about how your release plan could include speaking about public benefits fraud, helping others avoid similar mistakes, or rebuilding your career in a way that shows lasting change. It’s not about optics. It’s about proving you’re serious.
You’re Not Just Fighting a Legal Battle—You’re Rebuilding a Reputation
One of the hardest parts of this process isn’t prison or sentencing—it’s the shame. You’ll lose friends. You’ll get Googled. You’ll get judged.
But I’ll tell you something I’ve seen over and over again: People do recover—if they stop hiding, start working, and stick to their values.
I’ve worked with defendants who were told by their lawyers, “Don’t say too much.” That’s the wrong advice. You need to say something—and back it up with action.
Because here’s the truth: You only get one chance to influence how a judge sees you. Don’t waste it trying to look good. Use it to show who you are now—and who you’re working to become.
Final Thoughts
If I could speak directly to the version of myself from 2007—the one who thought having a good lawyer was enough—I’d say this: The system isn’t going to save you. You have to save yourself. That starts with action, not excuses.
Justin Paperny
P. S. Want to see how others are preparing the right way? Join us this Monday at 1 p.m. Pacific. We’ll walk you through proven strategies that help real people earn better outcomes—and avoid costly missteps. This isn’t theory. It’s what actually works.
