Seventeen years ago, I surrendered to federal prison.
I still remember the weight of it—the uncertainty, the shame, the questions I couldn’t answer.

This week, while preparing to film a video about that experience, I got a call from an executive in our community. His story reminded me how easy it is to make the same mistake I did back then.

And how costly it can be.

The Comment That Changed Everything

He told me his probation report just came back—and it wasn’t good. The probation officer wrote that he wanted to remove the three points for acceptance of responsibility.

Why?

Because the officer believed the defendant didn’t really understand the harm he caused. In the interview, this executive had described his conduct as a “business deal gone bad.” He framed it like a contract dispute, not a federal crime.

The probation officer went so far as to question whether the plea agreement was even valid.

Let that sink in.

He pled guilty—and still, because of how he presented himself, the government questioned whether he truly accepted responsibility.

What the Probation Report Actually Means for Your Sentence

Most people don’t realize how much weight the Presentence Investigation Report (PSR) carries. The judge will read it. The prosecutors will read it. The Bureau of Prisons will use it to determine your custody level.

But here’s the kicker: the probation officer who prepares the report has discretion. And if they think you’re minimizing or rationalizing your conduct, they can recommend removing those three points for “acceptance of responsibility.”

That’s not a slap on the wrist. That’s years of your life.

In this case, the executive’s total offense level may go up by three levels. That alone could mean an extra 18–24 months in federal prison.

All because of a few careless comments in a conversation he didn’t fully prepare for.

Why This Happens So Often

When I surrendered in 2008, I still didn’t fully grasp the damage I had done. I could recite what I did wrong, sure. But I hadn’t really internalized it.

That’s the trap.

You say “I made mistakes,” or “I accept the consequences,” but when you treat it like a financial loss or a bad investment—when your tone is detached or defensive—it’s obvious to everyone in the room.

Probation officers have heard it all before. They know the difference between someone who’s going through the motions and someone who actually gets it.

And when they don’t believe you’ve accepted responsibility? They document it.

What You Say (and Don’t Say) Can Raise or Lower Your Sentence

Here’s what defendants forget: The PSR interview is not a formality.
It’s a high-stakes meeting. You are presenting your mindset, your character, and your understanding of what you did wrong.

The goal is simple: influence the officer to help you, not doubt you.

That doesn’t mean groveling. It doesn’t mean spinning a sob story. It means being prepared with clear, specific language about the choices you made, the harm it caused, and the work you’ve done to change.

Not just “I’m sorry.”

Not “This was a misunderstanding.”

And definitely not “It was just business.”

Real Example, Real Consequences

The executive who called me now has to scramble. His legal team will try to salvage the damage, but it’s much harder to fix a PSR after it’s written.

This could cost him more prison time, fewer program options in custody, and a longer road to home confinement.

And it didn’t happen because he lied or was malicious. It happened because he wasn’t prepared.

What I Would Tell Him—and You

If I could go back to 2008, I’d walk into that probation interview differently. I would treat it with the seriousness it deserved. I wouldn’t wing it. I wouldn’t hide behind legal language or excuses. I’d speak directly, like a human who caused harm and wants to make it right.

So here’s my advice:
Don’t go into that meeting cold.
Roleplay it. Write out your answers. Talk it through with someone who understands how the federal system works.

Because once the PSR is submitted, it’s on record—and it can shape everything that happens next.

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.