The Prison Double Standard

There’s a double standard in how accountability works in this country. When ordinary people make mistakes—especially financial ones—the system calls it fraud, obstruction, or tax evasion. When powerful figures do the same thing, it’s “an oversight.” That’s what people mean when they talk about the prison double standard.

Years ago, we worked with an executive in Oregon who was indicted for filing a false tax return. He fought the charge, saying it was minor. The government didn’t like that. Instead of arguing the facts, they indicted his wife too. The message was clear: stop fighting or we’ll take everyone down with you. He pleaded guilty. He went to prison for three months. His wife got probation. Both became felons.

That case wasn’t about deterrence. It was about retribution—punishing defiance. The double standard isn’t only between rich and poor. It’s between those who prosecute and those who are prosecuted.

When Prosecutors Become Defendants

Take the situation involving Letitia James. Her lawyer called the case against her “retribution.” I’m not arguing the politics. I don’t know every detail. But I do know the pattern. She admits there may have been a small mistake on an application—something “insignificant.”

How many defendants have said the same thing? How many times have prosecutors dismissed that argument when someone else made it? When a business owner or parent said, “It was a paperwork error, not fraud,” they were told, “The law is the law.” They were indicted, convicted, and branded for life.

If James or any prosecutor has ever pushed a defendant to plead guilty over something “insignificant,” then claiming that same defense now is hypocrisy. You cannot expect people to do what you don’t do.

What Accountability Actually Means

Accountability isn’t about who you are. It’s about what you do when you’re wrong. Most defendants I meet aren’t fighting the fact that they made mistakes. They’re fighting the idea that their mistakes define them. But the system often doesn’t care about intent—it cares about submission.

When you resist, it’s called obstruction. When you comply, it’s called remorse. Judges and prosecutors use those labels to measure whether you’re “worthy” of leniency. The irony is that some of those same prosecutors, when under scrutiny, rely on the very defenses they reject from others: “It was unintentional,” “It was minor,” “It was political.”

That’s the prison double standard in practice. If you’re a defendant, it’s not your job to expose that hypocrisy. It’s your job to document who you are and why your case deserves context. The judge can see the double standard on their own—but only if you’ve built a record that shows your actions, not just your excuses.

Q&A: How Defendants Should Respond

Q: If the system is unfair, why should I cooperate or accept blame?
Because fighting the system on principle won’t shorten your sentence. Judges respond to evidence of change, not arguments about fairness.

Q: What can I do when prosecutors play by different rules?
Prove your credibility in writing. Document every corrective step—restitution, volunteering, education, restitution plans, family impact letters. The point isn’t to match their integrity. It’s to show your own.

Q: Should I highlight hypocrisy in my sentencing memo?
No. Focus on your actions, not theirs. Judges know how uneven the system is. What they need from you is proof of accountability, not resentment.

The Lesson From Oregon

That Oregon executive and his wife still carry felony records. Their mistake wasn’t pretending they were innocent—it was assuming fairness would protect them. Fairness doesn’t drive outcomes. Documentation does. The court rewards consistency and accountability, not defiance.

If Letitia James or any public figure can argue that minor mistakes shouldn’t ruin a life, then the same mercy should apply to everyone. A grandmother who signed a false tax return doesn’t deserve prison. Neither does a prosecutor who made an error. The problem is when mercy only flows upward.

You don’t have to fix the system to earn leniency. You just have to prove you’re accountable within it.

If you’re facing federal sentencing or investigation and want to understand how to document accountability the right way, join our next webinar or schedule a personal call with our team at White Collar Advice.

Justin Paperny