Hunter S. Thompson once wrote, “A man who procrastinates in his choosing will inevitably have his choice made for him by circumstance.” I read that quote often when I was serving my sentence. It stung then, and it still stings now—because I lived it. And I keep seeing others make the same mistake.
A few years ago, I had a conversation with a corporate controller. He was nervous but unsure. “Maybe I did something wrong with some invoicing,” he said. “I don’t think it’s criminal though. The company litigator says it’s a civil issue. A misunderstanding.” I’ve heard this story countless times.
He wasn’t ready to face the possibility that this could turn into something worse. And like many defendants, he clung to the most comforting explanation—it’s probably not criminal.
He procrastinated. He hoped. He waited.
The Most Dangerous Delay in a Federal Case
What this man didn’t know back then—but now knows all too well—is that time is not your friend when you’re under investigation. While he hesitated, his co-workers didn’t. They were already speaking to the government. And not just speaking—they were cooperating, providing details, securing proffer agreements, and in some cases, lawyering up with defense attorneys skilled in earning 5K1 motions.
Even people who bore more responsibility than him stepped forward. Because they moved quickly, they will now be eligible for sentence reductions due to their cooperation.
Meanwhile, the man who dragged his feet will likely face harsher consequences. Not because he’s the worst actor, but because he’s the last one to speak.
False Hope Feels Good—Until It Costs You
There’s a strange comfort in denial. I know—I lived there for a long time. When you’re scared, it’s easier to focus on what you want to be true rather than what actually is. If a lawyer says it’s just a civil issue, you believe them—because you want to. But let’s be honest: that lawyer might only know 30% of the facts. They might not specialize in criminal matters. And their advice, however well-intended, doesn’t absolve you of responsibility.
You can’t outsource this. If you think you may have crossed a legal line—especially in a business context—you owe it to yourself to get a full, independent picture. Not just comforting opinions. You need clarity.
When Co-Defendants Flip, the Clock Is Already Ticking
In federal investigations, there’s an unspoken race. The government doesn’t just want convictions—they want cooperation. That means they’re actively looking for the first people willing to talk. And the earlier someone cooperates, the more value they provide to the investigation.
Here’s what most people miss: you can be less culpable than others and still end up with a worse sentence if you wait too long to engage.
Once prosecutors have their narrative in place, your opportunity to shape it—or to benefit from cooperation credit—shrinks fast. Your co-defendants might already be crafting stories that place the blame on you. You may never even see it coming.
Why “Acting” Means More Than Hiring a Lawyer
Acting doesn’t just mean calling any lawyer and hoping for the best. It means engaging with professionals who understand federal investigations—who can help you build a mitigation strategy, prepare for a possible proffer, evaluate cooperation options, and control your narrative before others do it for you.
I don’t blame the civil litigator in this case. I’m sure he gave advice based on the limited info he had. But the responsibility still rests on the person under investigation. The stakes are too high to leave your fate in someone else’s hands.
Denial Is a Temporary Relief. The Consequences Aren’t.
I understand the impulse to wait. To tell yourself, Maybe this will blow over. Maybe I don’t need to do anything right now. But denial—especially in federal cases—is not a strategy. It’s a trap.
The controller I mentioned? He didn’t act fast. And now he’s watching others, more responsible than him, walk into sentencing hearings with strong cooperation letters while he scrambles to play catch-up.
We’re doing what we can to help him. But no matter how good your mitigation plan is, you can’t undo lost time. The best outcomes go to those who act early, tell the truth, and build a credible narrative before the government defines it for them.
If you think you’re in trouble—or even if you’re just unsure—don’t wait.
Justin Paperny
P. S. If this resonates, join our team this Monday at 1 p.m. Pacific, 4 p.m. Eastern. We host a free webinar to answer questions, share lessons from real cases, and help you avoid the most costly mistakes people make during a government investigation. Bring questions. Come ready to learn.
