A kid from San Diego called me this morning. Early 20s. First-time offender. Scared, but not clueless. He’d been watching our videos. He’d hired a lawyer. He knew federal agents were investigating him.
Still, he was hesitant to start documenting anything.
Not because he didn’t believe in the value of preparation—but because his lawyer told him not to.
“If I start preparing now, won’t it make me look guilty?”
I’ve heard that before. A lot of people under investigation hear that exact advice. And when they follow it, they give the government a six-month head start.
Who Told You Preparation Is a Bad Look?
I’ve been doing this long enough to know where that advice comes from. Some defense lawyers still operate under the belief that early effort equals an admission of guilt. They tell their clients to keep their heads down and say nothing.
And yes, there’s a narrow legal strategy behind it—usually tied to hopes of getting a case dismissed, or avoiding indictment. But for 95% of defendants, that’s a losing bet. When the government decides to file charges, they’ve already spent months (or years) preparing. They don’t move unless they’re confident in their case.
That’s why I told the young man: “Let me ask you something. Who do you admire?”
He said, “Fernando Tatis.” Padres fan.
I’m a Dodger fan, but I let that slide.
“Do you think Tatis waits until Opening Day to start training?”
“No, he’s already preparing,” the kid said.
“Why?”
“Because he knows who he’s up against.”
Exactly. Same goes for the FBI.
The FBI Builds Their Case Early. So Should You.
Two days before that phone call, I sat down with a retired FBI agent who’s worked dozens of white collar cases.
Here’s what he told us:
“When we start an investigation, we open a spreadsheet. We gather names. We speak with victims. We pull bank records. We map out a timeline. From day one, we’re building the case.”
Let that sink in.
By the time your lawyer tells you the government is “just fishing,” agents already have a working draft of the indictment. They’ve already flagged inconsistencies in your records. They’ve already tracked money you thought no one would see.
And while they’re building that case, what are you doing?
If you follow bad advice, nothing.
What Judges and Probation Officers Actually See
When defendants show up to sentencing without any effort documented—no letters, no job search, no statement of what they’ve learned—judges notice.
So do probation officers. They’re not looking for someone who gamed the system. They’re looking for someone who did the work even when no one was watching.
And the excuse of “My lawyer told me not to” doesn’t hold up. You’re still responsible for what you did—and what you didn’t do.
You don’t get leniency for staying silent. You get it by showing how you’ve changed, what you’ve done, and how you’ve tried to make things right.
The Risk of Waiting
That call from San Diego wasn’t the first. Won’t be the last. But here’s what’s different—he listened.
After I walked him through how the FBI prepares, how prosecutors work, how judges think, he stopped trying to justify the wait.
“I think I should start preparing,” he said.
I told him, “Yes. Exercise judgment. Do the work.”
You’re not Fernando Tatis. You’re not an FBI agent. But you are the one who’s getting sentenced.
Preparation doesn’t make you look guilty. It shows you’re willing to do the work others won’t. And in a federal case, that’s often the difference between someone who earns a chance—and someone who doesn’t.
Ask Yourself This
If the people prosecuting you are spending every day preparing, why wouldn’t you?
Join the Conversation
Don’t wait until your sentencing date is on the calendar to start proving you’re serious.
Join our weekly webinar every Tuesday at 11AM Pacific / 2PM Eastern, or schedule a personal call with our team. We’ll show you how to document your effort in a way that matters. Judges pay attention to what you do—not just what you say.
Justin Paperny
