I got a call from a doctor recently. He’s now serving four years in federal prison. He originally thought he was getting two. Why? Because two years is the mandatory minimum for aggravated identity theft. That’s what he thought he’d serve—no more, no less. But the sentencing didn’t go the way he expected. And the reason is something too many defendants ignore until it’s too late: the voice of the victim.
Let me explain exactly what happened and how you can avoid the same outcome.
The Doctor Who Didn’t Prepare—And Paid for It
This doctor assumed his sentencing would be routine. No major surprises. He didn’t think he needed to do much to prepare. He didn’t spend time writing a personal narrative. He didn’t fully participate in mitigation efforts. He thought: Why bother? The law says two years.
Then came the sentencing hearing.
The victims showed up and gave statements that changed everything.
They told the judge:
- “He stole our identities.”
- “Our credit scores dropped.”
- “We couldn’t pay our bills.”
- “We were denied loans.”
- “This has been devastating to our lives.”
This wasn’t just white-collar paperwork to them. It was deeply personal.
And to the judge? It mattered. A lot.
So instead of two years, the doctor got four.
Judges Don’t Just Follow Numbers—They Listen
Sentencing isn’t math. It’s not just statutes and charts. Judges listen. They watch. They evaluate character. And when they hear a victim speak with real pain and frustration—while the defendant has done little to acknowledge or prepare for that damage—it tips the scale.
This is exactly what happened here.
Even if the judge had stuck with the mandatory minimum, that doctor would still be living with a bigger problem than the sentence: regret. Regret that he didn’t prepare. Regret that he underestimated how much victims’ voices matter. Regret that he gave the judge no reason to believe he truly understood the harm he caused.
The Simple Prep Exercise That Could’ve Helped
If you’re facing sentencing, I want you to do something uncomfortable—but necessary.
Put yourself in the victim’s shoes.
Sit down. Think it through. Write down what you imagine that person would say to the judge about how your actions affected their life.
Don’t brush it off. Don’t rationalize it as a business deal gone bad or “just a mistake.” Think about the real-life fallout for the people on the other side of your case.
Ask yourself:
- What pain did they endure?
- What did they lose—financially, emotionally, professionally?
- What would you want to hear from the person who caused it, if the roles were reversed?
This exercise is not for show. It’s not to perform remorse. It’s to develop it.
When you do this, your narrative will stop sounding like damage control and start sounding real. That’s what judges look for.
Don’t Assume the Sentence—Earn It
The biggest mistake this doctor made wasn’t the crime—that part was already done. His biggest mistake was assuming the judge would see things the way he did.
He believed two years was guaranteed. It wasn’t. And it never is.
Here’s the truth: There’s no such thing as a guaranteed sentence. Guidelines aren’t promises. Statutes set floors, not ceilings. Judges have discretion—and they use it.
Especially when the person standing in front of them seems like they’ve done nothing to earn leniency.
What You Can Do Right Now
If you’ve been charged and sentencing is on the horizon, don’t wait until the week before. Start now.
Here’s what I’d recommend today:
- Write a letter from the victim’s perspective.
Say it out loud. Record it if you need to. Understand the damage. - Build a real narrative—not a PR stunt.
Judges can spot fake remorse a mile away. They’ve seen it all. What they haven’t seen is thoughtful, authentic, uncomfortable truth from the defendant. - Prepare even if you think the sentence is “locked in.”
Because there’s no worse feeling than walking out of the courtroom with extra time you could have avoided—and knowing you blew your one shot to influence the judge.
Final Thought
You don’t get to rewrite your indictment. But you can influence how the judge sees you at sentencing. And you don’t do it with empty words or last-minute letters. You do it by preparing the right way, starting now.
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.
