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Link to register: https://zoom.us/meeting/register/tJckd-mhqT4rG9dQ4J28SDgASUBLtoRvI1fY
YouTube Video: White Collar Week Tuesday Speaker Series: Mike Kimelman, All About Crypto, FTX, White Collar Issues, On Zoom, Tues., Dec. 6, 2022
We are honored to have Mike Kimelman as the December speaker in our White Collar Support Group Tuesday Speaker Series. Link to register: https://zoom.us/meeting/register/tJYscuysqDguG9FOdRmSmaUjMiVKLELR9WWm
Mike Kimelman is a bestselling author, entrepreneur, and expert on disruptive innovation. Formerly an M&A lawyer and the founder of a New York-based hedge fund, he currently is a co-founder at Dekryption Labs – a Web3 consulting agency focused on blockchain architecture and development services. He also offers radical financial coaching on money, markets & investing through his Alpha360 trainings.
Websites: www.mikekimelman.com or www.getbitcoinbasics.com
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White Collar Week Newsletter Nov ’22: https://conta.cc/3DPDt3b
Sponsored by Progressive Prison Ministries, Inc.: https://prisonist.org
Sponsored by GrantLaw, PLLC: https://grantlaw.com
_________________________
Rev. Jeff Grant, J.D., M.Div. (he, him, his)
Co-founder, Progressive Prison Ministries, Inc.
Greenwich CT & Nationwide
Mailing: P.O. Box 1, Woodbury, CT 06798
Website: https://prisonist.org
Email: [email protected]
Office: 212-859-3512
Donations (501c3): http://bit.ly/donate35T9kMZ
Psychology Today: https://www.psychologytoday.com/…/jeff-grant…/731344
LinkedIn: https://www.linkedin.com/in/revjeffgrant
not a prison coach, not a prison consultant
Media Relations: [email protected]
Speaking Engagements: https://www.espeakers.com/marketplace/profile/39107
Newsletter Contains Attorney Advertising
Prior results do not guarantee a similar outcome.
© Copyright 2022, Progressive Prison Ministries, Inc., All rights reserved.
#whitecollar #whitecollarcrime #whitecollarsupportgroup #Crime #fraud #criminaljustice #criminaldefense #crypto #FTX #bitcoin
Webinar: Is Fraud Addictive? Jeff Grant, Esq. will be Interviewed by the Association of Certified Fraud Examiner’s John Gill, Thurs., Dec. 8, 2022, 2 pm ET, 11 am PT
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Jeff Grant is a member of our White Collar Support Group that meets on Zoom on Monday evenings.
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Webinar: Is Fraud Addictive? Jeff Grant, Esq. will be Interviewed by the Association of Certified Fraud Examiner’s Chief Training Officer John Gill, Thurs., Dec. 8, 2022, 2 pm ET, 11 am PT
“Many fraudsters describe their crimes as an addiction — they know they shouldn’t keep stealing, but they can’t stop. After an addiction to prescription opioids and serving almost 14 months in Federal prison for a white-collar crime, Jeff Grant started a ministry to help white-collar criminals re-enter society and avoid making the same mistakes that landed them in prison.
In this webinar, ACFE Chief Training Officer, John Gill, will talk to Grant about the circumstances of his own crimes and how this helps him understand the mindset of the fraudsters he counsels.”
Details and to register on the ACFE website…
About Jeff Grant: https://grantlaw.com/bio
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White Collar Support Group Blog: The Architect of Their Life Alchemizes Adversity into Service, by Fellow Traveler Craig Stanland
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Craig Stanland is a member of our White Collar Support Group that meets on Zoom on Monday evenings.
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The Egyptian scarab is one of the most well-recognized symbols in Ancient Egypt.
It appears on amulets, jewelry, hieroglyphics, and in commemoration of the dead.
Modeled after the dung beetle, the scarab was connected with the sun god Khepri, who brought the sunrise over the horizon each day.
The scarab symbolized rebirth, regeneration, and protection in the afterlife.
The dung beetle collects small pieces of dung and then molds and shapes them into a sphere.
It rolls the ball around wherever it goes and will fight furiously to protect its creation.
When the time is right, the female beetle injects her eggs into the ball and buries the ball into the soil.
When the eggs hatch, they feed off the dung until they mature and emerge from the soil.
Life emerges from excrement.
Adversity is the inevitable, shit part of life.
The architect of his life doesn’t ignore his adversity; he doesn’t pretend it doesn’t exist or isn’t impacting him.
No, he allows himself to experience the pain associated with adversity.
If he wants to cry, he cries.
If he wants to scream, he screams.
He immerses himself in his experience fully and deeply.
He immerses himself fully and deeply for three reasons:
Acceptance is freedom.
He knows to ignore it or pretend it doesn’t exist is to ignore a part of his life story; it’s to ignore a part of himself.
How will he ever be whole, complete, and adequate if he denies a piece of what makes him, him?
He knows if he doesn’t, the experience will forever define him.
It will be the main character in his life story, pushing and pulling him through the rest of his existence.
Adversity contains the seed of beauty.
He knows, the same way the scarab knows, within the ball of excrement that his adversity is, lay the seed of something new in his life.
In the nascent stages, he doesn’t know what the seed will grow into.
That uncertainty, if allowed, could stop him in his tracks.
Instead, he gets curious.
He uses his sense of inquiry like an archeologist uses a trowel to dig away the superfluous and get to the treasure.
He asks,
“What’s the lesson I can learn from this?”
He understands something incredible happens when he asks this question.
He transforms his adversity from something that happened to him into something that happened for him.
This re-frame opens the door to one of the most significant opportunities and gifts of our shared human experience.
Finding meaning in suffering.
The architect alchemizes the lessons learned on his journey through adversity.
He does this with laser focus with one goal in mind:
To help someone who feels right now how he once felt so they too can emerge from the dark and into the light.
LINKS:
Website: www.craigstanland.com
Blank Canvas: https://geni.us/LifeafterPrison
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Hurricane Ian Fraud Alert! Entrepreneur Article Redux: I Went to Prison for SBA Loan Fraud – 7 Things to Know When Taking Disaster Relief Money: by Jeff Grant, J.D., M.Div.
Originally published in April 2020 at the beginning of the pandemic, this was Entrepreneur’s #4 most viewed article of 2020. – Jeff
Don’t let desperation cloud your judgment.
Jeff Grant
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Reprinted from Entrepreneur.com, link here.
In the months after 9/11, I was frantic.
But my fears had less to do with the tragedy at the World Trade Center and more to do with the fact that, after 10 years of rampant prescription opioid abuse, my business was failing. I was searching desperately for an out. Meanwhile, the television and radio were blaring with ads for 9/11 FEMA loans administered by the U.S. Small Business Administration.
So, on an especially bad day, I lied.
I said I had an office near ground zero. I received the SBA loan I requested, and immediately paid down the personal credit cards I had run up while waiting for the SBA money. Even so, the loan did little to stop my spiral into drug addiction, mental health issues, marital problems and magical thinking.
In 2002, I resigned my law license and started on the road to recovery. But it all caught up with me about 20 months later, when I was arrested for the misrepresentations on my loan application. I served almost 14 months at a Federal prison for wire fraud and money laundering.
My objective in writing this piece is to offer some insight on what business owners should consider before they take out disaster loans. Certainly, the majority of people requesting these loans are honest and upstanding entrepreneurs who have immense need for the aid, and will use the funds properly. I am very glad there is help for them. That said, history has shown us again and again that when people are in dire need, they’re more prone to make impulsive, ill-advised decisions. My hope is that sharing my experience will help others avoid the consequences I faced. Here are seven takeaways.
1. Desperate people do desperate things.
There were thousands of fraud prosecutions after 9/11, Hurricane Katrina, Superstorm Sandy, and so on. Why? Whether because of overwhelming business issues, poor personal judgment, or just plain bad luck, people were wounded, desperate and willing to do anything, anything, to stop the bleeding. But if the wound is too deep, a Band-aid is not sufficient.
Practice point: In any situation, behaving desperately is unlikely to save your business.
2. Beware of the belief that rules are suspended in times of emergency.
The government is advertising that huge amounts of money are available to save our businesses. I recently sat in on a webinar run by a very reputable business consulting group that recommended that attendees get their SBA disaster loan applications in immediately, regardless of the facts or the actual needs of their business — they said we could always modify our applications prior to taking the money. State unemployment websites are actually giving instructions, in writing, on how to mislead and circumvent the system in order to get approved. Don’t take the bait! If you default two years from now, this “good-meaning advice” won’t matter to prosecutors.
Practice point: Be truthful at all times.
3. Beware of magical thinking.
This is a tough one because entrepreneurs are inherently optimistic. We believe that things will always be better tomorrow than they are today. It drives us, makes us successful, informs our risk-taking. But in times of trauma, that voice can be an entrepreneur’s worst enemy. Does this sound familiar? We have learned the hard way that there is no shortcut, and yet we desperately want there to be one right now.
Practice point: Instead of immediately reaching for a bailout or other quick fix, develop a good solid business plan. Maybe a disaster loan will fit into this plan; maybe it won’t.
4. This paradigm shift will affect all small to mid-size businesses.
We are in the midst of a massive reordering that has already had a huge effect on small and mid-sized businesses. Business owners are being called to closely examine if our business models are still viable, or if we must pivot to new ways of doing things. Example: the Swiss watch industry completely missed the shift to digital watches. Have we waited too long to have a robust online presence? Are our products or services even needed anymore? Have we been holding on by a thread for years, unwilling or unable to look at the hard facts?
Practice point: Get real, now. Don’t borrow money to save a business that can’t be saved.
5. Be cautious when borrowing from the government.
As is the case with any loan, the devil is in the details. The terms and covenants in the loan documents dictate what you can or can’t do with the money once you get it. You can only use the funds for the purposes you stated in your application — that is, to pay operating expenses of the business to keep it afloat until it starts bringing in sufficient revenue again. You (and your spouse) will probably have sign for the loan personally, and will probably have to pledge all available collateral, including a second (or third) mortgage on your house. If you maxed out your personal credit cards while anticipating your disaster relief funding, you can’t use the money to pay off your cards.
Practice point: Read the terms and covenants of the loan closely. Whatever the loan terms say to do, do, and whatever they say don’t do, don’t do. No exceptions.
6. We can’t save our businesses and our lifestyles at the same time.
Here’s the big trap. We have mortgages, car payments, school tuitions, and other personal expenses that have to be paid, and soon. But simply put, SBA loans are meant to save your business, not your lifestyle. Discuss all your options with advisors and friends you trust — ones that will tell you the truth! It’s like going to the doctor. Your diagnosis will only be as accurate as the history you provide. These are trying times, with a triage system designed to be more expeditious than thorough.
Practice point: There is no such thing as a free lunch. Borrowing money comes with responsibility and accountability.
7. Get acquainted with acceptance.
I hope we are all great entrepreneurs who can figure out ways to make our businesses survive and flourish. But let’s face it. Some of our businesses will not make it, even with the infusion of government funds. What should we do? We can pare down, embrace change and do things differently as we start a new chapter. Never forget that there will always be opportunity to start again, and to live a fuller, more abundant life.
Practice point: Sometimes less is way, way more!
National Center for Disaster Fraud Warns of Fraud After Hurricane Ian: https://www.justice.gov/opa/pr/national-center-disaster-fraud-warns-fraud-after-hurricane-ian
Jeffrey D. Grant, Esq.
GrantLaw, PLLC, 43 West 43rd Street, Suite 108, New York, NY 10036-7424 (212) 859-3512, [email protected], GrantLaw.com
A purpose-driven attorney.
Jeff Grant is on a mission. After a hiatus from practicing law, he is once again in private practice and is committed to using his legal expertise and life experience to benefit others.
Jeff provides a broad range of legal services in a highly attentive, personalized manner. These include private general counsel, white collar crisis management, strategy and team building, services to family-owned and closely-held businesses, and support to special situation and pro bono clients. He practices in New York and on authorized Federal matters, and works with local co-counsel and criminal defense counsel to represent clients throughout country.
For more than 20 years, Jeff served as managing attorney of a 20+ employee law firm headquartered in New York City and then Westchester County, New York. The firm’s practice areas included representing family-owned and closely-held businesses and their owners, business and real estate transactions, trusts and estates, and litigation.
Jeff is admitted to practice law in the State of New York, and in the Federal District Courts for the Southern District of New York and the Eastern District of New York. He is a member of the American Bar Association, the New York State Bar Association, the New York City Bar Association, and the National Association of Criminal Defense Lawyers.
Jeff Grant’s full bio: https://grantlaw.com/bio
Progressive Prison Ministries website: https://prisonist.org
Linked In: https://linkedin.com/revjeffgrant
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More on SBA Loan Fraud:
The Philadelphia Inquirer: Steal Money from the Feds? First, Meet Jeff Grant, an Ex-Con who Committed Loan Fraud, by Erin Arvedlund: Link to article here.
Hannah Smolinski YouTube: Thinking About PPP Fraud?: Hannah Interviews Jeff Grant About Going to Prison for SBA Loan Fraud. Link to article and YouTube video here.
Fraud Stories Podcast with Mark Lurie: SBA/PPP Loan Fraud with Guest: Jeff Grant. Link to podcast here.
Forbes: As Law Enforcement Pursues SBA Loan Fraud, Jeff Grant Talks Redemption, by Kelly Phillips Erb. Link to article here.
Taxgirl Podcast: Jeff Grant talks Desperation and Loans in a Time of Crisis with Kelly Phillips Erb on Her Podcast. Link to article and podcast here.
Business Talk with Jim Campbell: Jeff Grant Talks with Jim About Going to Prison for SBA Loan Fraud and What to Know When Taking Coronavirus Relief Money, Biz Talk Radio Network, Broadcast from 1490 AM WGCH Greenwich, CT. Listen on YouTube here.
Babz Rawls Ivy Show: Babz Rawls Ivy & Jeff Grant Talk SBA / PPP Loan Fraud and 7 Things to Know Before You Take Coronavirus Relief Money, WNHH 103.5 FM New Haven. Watch on YouTube here.
Also: White Collar Week with Jeff Grant, Podcast Ep. 09: Small Business Edition, with Guest Kelly Phillips Erb. Link here.
Also, White Collar Week with Jeff Grant, Podcast Ep. 21: All Things SBA, PPP & EIDL, with Guest Hannah Smolinski. Link here.
Entrepreneur: 9 Things to Know when Hiring a White Collar Criminal Defense Lawyer, by Jeff Grant, Esq.
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Hiring a defense attorney is a monumental task, and most are monumentally unprepared for the effort.
_________________________By Jeff Grant, Reprinted from entrepreneur.com, Sept. 7. 2021
Hiring a white-collar defense lawyer is a monumental task — and one that most entrepreneurs and businesspeople, even those who are sophisticated legal consumers, are monumentally unprepared to do.
I should know.
I’m a lawyer and entrepreneur who became addicted to prescription opioids and served almost 14 months in federal prison for a white-collar crime.
I was disbarred, and then step-by-step, lesson-by-lesson, I worked my way through the ordeal.
On May 5, 2021, my law license was reinstated by the Supreme Court of the State of New York. Here are some takeaways I learned from over three decades of experience on both sides of the legal system:
1. You are in trauma, whether you know it or not
Your entrepreneurship, intellect and survival skills have betrayed you. You are in pain, and will do — and pay — almost anything to make the pain go away. You’ve probably been looking over your shoulder for a long time. It’s normal to be terrified; who wouldn’t be?
Practice point: no matter what you do, the pain is not going away any time soon. Beware of anyone who tells you differently.
2. Long-term plan instead of short-term relief
You know this, but you are probably in fear of what you think is the worst thing that can happen — prison. Prison is not the worst thing that can happen—the worst thing that can happen is not having a comeback story. Keep your eye on the prize. That is, a carefully and thoughtfully constructed long-term plan for health, purpose and prosperity for you and your family. It’s okay (in fact, it’s vital) to give yourself the time and space to step back and make good, thoughtful decisions. You are in the desert, and it will be a long journey to the promised land.
Practice point: This is a marathon, not a sprint. Pace yourself.
3. Your brother-in-law probably knows nothing about hiring a white collar defense lawyer…
…Neither does your dentist, haircutter or almost anyone else. Everyone around you is most likely offering “well-intended advice.” And maybe already picking at your bones. But, there is dependable professional help out there in the form of private general counsel with specific experience in the intricacies of white collar defense and all of the other legal, business, family and emotional issues you are likely to face.
Practice point: These are shark- infested waters and a great general counsel can help you navigate them.
4. There is very little chance that your case will go to trial
Over the past two decades, less than two percent of white collar prosecutions have gone to trial. This means that whether a “trial lawyer” has spent much of the last twenty years as a prosecutor or as a criminal defense attorney, they probably have no (or very little) white collar trial experience. But, we are stuck in an old paradigm where we think we need a trial attorney to swoop in and save the day. This might happen on television, but it almost never happens in real life.
Practice point: Are you suffering from Perry Mason syndrome? Get real, and fast.
5. Ever wonder why lawyers have such fancy offices?
Do you want to pay for expensive overhead (maybe you do) or for excellent lawyering? Isn’t it more important to find out if you and an attorney have a great connection, and can work together? Has your defense attorney taken the time to really understand you and your family, your back story, all of your issues, and your life goals?
Practice point: Are you sure these are the professionals you want to trust with your life?
6. Your criminal defense budget
Your criminal defense lawyer can’t do it all; you’ll need a team. Your defense attorney’s job is to marshal the best resources in order to make a persuasive presentation to the prosecutors, to the probation officer at your pre-sentence investigation, and to the judge. How much of your criminal defense budget/retainer will be allocated for experts (forensic accountants, investigators, mitigation experts, medical experts, etc.) to give a complete and accurate picture of you, your family and your side of the facts?
Practice point: Make sure you fully understand — and approve — the plan and budget up front.
7. Outside your criminal defense budget
Your issues are most likely way bigger, and more complicated, than just your criminal matter. How much of your overall budget will be allocated for other attorneys and professionals (business attorneys, tax attorneys, bankruptcy lawyers, family law, civil litigation, estate planning, accountants, etc.)? How much of your overall budget will be allocated for other obligations (restitution, fines, forfeiture, taxes, antecedent debt, alimony, child support, etc.)?
Practice point: Your defense attorney’s job is to get you the best sentence — they will probably not help you balance other important issues that need to be addressed.
8. Does your spouse/significant other need separate counsel?
In a word, yes. Or at least, probably. You’ve been shouldering this thing alone for so long, it’s hard to be a good partner again. Believe it or not, your spouse’s interests are probably not fully aligned with yours. They have their own body of rights that deserve professional attention.
Practice point: Tell the truth, don’t tell your spouse/significant other that everything will be “okay.”
9. Out of isolation and into community
You don’t have to go through this alone. Believe it or not, there is a rich community of people who have been prosecuted for white collar crimes, and their families, who want to give of themselves freely to help you.
Practice point: Don’t be afraid to reach out, join a white collar support group and benefit from the experiences of those who have been there before you.
Jeffrey D. Grant, Esq.
GrantLaw, PLLC, 43 West 43rd Street, Suite 108, New York, NY 10036-7424
(212) 859-3512, [email protected], GrantLaw.com
A purpose-driven attorney.
Jeff Grant is on a mission. After a hiatus from practicing law, he is once again in private practice and is committed to using his legal expertise and life experience to benefit others.
Jeff provides a broad range of legal services in a highly attentive, personalized manner. These include private general counsel, white collar crisis management, strategy and team building, services to family-owned and closely-held businesses, and support to special situation and pro bono clients. He practices in New York and on authorized Federal matters, and works with local co-counsel and criminal defense counsel to represent clients throughout country.
For more than 20 years, Jeff served as managing attorney of a 20+ employee law firm headquartered in New York City and then Westchester County, New York. The firm’s practice areas included representing family-owned and closely-held businesses and their owners, business and real estate transactions, trusts and estates, and litigation.
Jeff is admitted to practice law in the State of New York, and in the Federal District Courts for the Southern District of New York and the Eastern District of New York. He is a member of the American Bar Association, the New York State Bar Association, the New York City Bar Association, and the National Association of Criminal Defense Lawyers.
Jeff Grant’s full bio: https://grantlaw.com/bio
Progressive Prison Ministries website: https://prisonist.org
Linked In: https://linkedin.com/revjeffgrant
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YouTube Video: White Collar Week Tuesday Speaker Series – Peter Tomasek, Esq. of Interrogating Justice, On Zoom, Oct. 18, 2022
We are honored to have Peter Tomasek, Esq., of Interrogating Justice, as the next speaker in our White Collar Support Group Tuesday Speaker Series.
We were honored to have Peter Tomasek as the next speaker in our White Collar Support Group Tuesday Speaker Series. Peter spoke and answered questions about Early Release, First Step Act Credits, the CARES Act, the Clean Slate Act, and what’s really going on at the BOP and DOJ.
Peter J. Tomasek is an attorney and a writer from Durham, North Carolina. In his current role as Editor-in-Chief for Interrogating Justice and How to Justice, Peter focuses on the BOP’s implementation of the First Step Act’s Time Credits Program, “ban the box” laws and second-chance hiring, and a variety of other topics impacting the U.S. criminal justice system.
Prior to helping start Interrogating Justice and How to Justice, Peter practiced law in Michigan and North Carolina. Among other experiences, Peter spent time with a medium-sized law firm in Metro Detroit, representing attorneys and judges in legal-malpractice and professional-liability lawsuits in state and federal courts across the Midwest.
You can reach Peter by email, on Twitter, and on LinkedIn. To follow his work, please visit Interrogating Justice and How to Justice. Some of my latest articles include How We Talk About Second-Chance Employment, When It Comes To FSA Time Credits, The BOP Always Wins, and Prison Labor: A Billion-Dollar Industry Paying Cents On The Dollar.
YouTube Video: White Collar Week Tuesday Speaker Series: Trey Laird, Founder/CEO, Lighthouse Sober Living, On Zoom, Nov. 8, 2022, 7 pm ET, 4 pm PT
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We were honored to have Trey Laird as the November speaker in our White Collar Support Group Tuesday Speaker Series.
Trey Laird is CEO and Founder of both The Lighthouse Sober Living and The Lighthouse Recovery Coaching 365 Program. Before founding The Lighthouse, Mr. Laird was a Wall Street equities trader for 22 years, starting this first career with Bankers Trust and exiting with Lazard. Mr. Laird attended the Trinity School in Manhattan and Dartmouth College.
Mr. Laird has five children and lives in New Canaan, Connecticut with his wife. He is an avid golfer and marathoner, regularly travels to share his story of recovery and treatment best practices, and appears regularly in the press on addiction issues.
Mr. Laird feels that his choice to Recover Out Loud has had an extraordinary impact on his life in recovery.
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The mission of The Lighthouse is to provide clients and families struggling with substance use and mental health disorders a pathway to RECOVER, RESTORE, and REBUILD their lives, wherever they are in their healing journey.
We are a premier provider offering discreet concierge services including sober living, case management, recovery coaching, companionship and transport to men, women and families in the tri-state area. We offer recovery support and consultation services in the comfort of your home and community or ours.
We are uniquely positioned to do this as our array of services offers every client compassion, unwavering support, and confidential services tailored to meet their individual needs. We offer support for the individual and families along the entire continuum of their recovery journey.
Contact information: [email protected]
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White Collar Week Newsletter Sept ’22: https://conta.cc/3S3yYq7
Sponsored by Progressive Prison Ministries, Inc.
Sponsored by GrantLaw, PLLC
_________________________
Rev. Jeff Grant, J.D., M.Div. (he, him, his)
Co-founder, Progressive Prison Ministries, Inc.
Greenwich CT & Nationwide
Mailing: P.O. Box 1, Woodbury, CT 06798
Website: prisonist.org
Email: [email protected]
Office: 212-859-3512
Donations (501c3): http://bit.ly/donate35T9kMZ
Psychology Today: https://www.psychologytoday.com/us/therapists/jeff-grant-woodbury-ct/731344
LinkedIn: https://www.linkedin.com/in/revjeffgrant
not a prison coach, not a prison consultant
Media Relations: [email protected]
Speaking Engagements: https://www.espeakers.com/marketplace/profile/39107
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White Collar Support Group Blog – First Step Act Earned Time Credit Update, by Fellow Traveler Robert Simels
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Bob Simels is a member of our White Collar Support Group that meets on Zoom on Monday evenings. Here’s an interesting tidbit, Bob was actually my first boss when I graduated law school – I was his law clerk until I received my law license. He was Henry Hill’s criminal defense attorney, who Ray Liotta played in the movie “Goodfellas”. Bob was a great guy then, as he is now. – Jeff
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The First Step Act (FSA) was intended to encourage programming with the benefit of reducing time and other benefits- extra telephone minutes, visiting, etc.
However, on September 8, 2022, the BOP issued a memo that substantially impacted the time reduction goals. The Memo advised that the BOP will not credit ETCs toward early release for inmates who are 18 months or less from release. At 18 months, the BOP says, “the release date becomes fixed, and all additional ETCs are applied toward” HH/HC.
The practical effect of this language is that no inmates with sentences of less than 42 months will have enough time to collect ETCs, entitling them to 12 months off their sentence (the maximum allowed by law).
BOP has taken the position that ETCs will be applied first to reduce sentence length and second to more halfway house and home confinement (HH/HC). It is also apparent that the BOP has been doing that since last January but never announced that as a policy.[1]
Moreover, the Memo stated:
· “as a reminder, the unit team will determine an inmate’s eligibility to earn FTCs based on [2]the current conviction and prior criminal convictions.” This means that fundamental decisions applying the statute are decentralized among nearly a thousand unit teams. Given some of the errors already made by unit teams unschooled in the FSA, the amount of administrative remedy and judicial review decentralization will likely spawn significantly;
· “inmates who refuse or fail to complete any portion of the needs assessment and/or refuse or decline any program recommended to address a specifically identified need area is considered “opted out” and will not earn ETCs.”
This language assumes that the failure to complete needs assessment or refusal or decline to take a program is intentional. More than one inmate has reported being marked “refused” for not taking a program that was unavailable at the time.
To earn 15 days credit for every 30 days instead of 10 days, inmates must either (1) start their incarceration with a low- or minimum-risk PATTERN level; or (2) have dropped to a low- or minimum-risk PATTERN level and maintained it for two consecutive assessment periods. This is good news because some who entered the system with low or minimum scores have been told to have two consecutive assessment periods under their belts before getting 15 days a month.
• The memo states that “all components of the SPARC-13 needs assessment must be complete to be eligible to earn ETCs. Failing to do so is considered ‘opted out.’ In other words, if an inmate fails to complete a required survey to enroll in a recommended program which addresses a specified need, the inmate will not be eligible to earn FTCs.”
The SPARC-13 is the “Standardized Prisoner Assessment for Reduction in Criminality,” a battery of surveys mandated by a BOP study last March.
Anecdotally, it appears that few have been given the surveys to complete. Even if they are asked to do so now, it is not clear whether any programs completed between January 15 and September 8 will count if the SPARC-13 was not done before that time.
The Memo states, “while inmates continue to earn FTCs, they can only apply the FTCs if they have no detainers, unresolved pending charges, and unresolved immigration status issues.” These restrictions do not appear in the First Step Act.
As for RDAP graduates, the Memo confirmed that ETCs might be applied toward early release in addition to the early release benefit for RDAP graduates. RDAP now double counts toward early release, up to 12 months off for successful completion of the program, as well as an additional credit of up to 150 days ETC credits for finishing RDAP. This also means that unless an inmate can complete the in-custody of RDAP with at least 18 months left, the RDAP ETCs will apply to more HH/HC, not more time off.
Of course, all of this can be challenged and will be. Bear in mind that the Administrative Procedure Act (5 USC 552) governs just about all federal agencies with its “arbitrary and capricious” standard. However, Congress stated in 18 USC 3625 that the APA does not “apply to the making of any determination, decision, or order under this subchapter.”
The catch is that Sec 3625 applies only to 18 USC Chapter 229, Subchapter C. The portion of the FSA establishing ETCs is set out in the newly-created Subchapter D. Congress either decided not to exempt the BOP’s implementation of the ETC from the APA, or it just forgot to do so.
[1] Any HH/HC awarded using ETCs will be granted “in addition to release needs-based recommendations made under the Second Chance Act.” In other words, if the Second Chance Act would have entitled you to placement in HH/HC for six months even without ETCs, and you have 120 days of ETC credit applied to HH/HC, you would be placed for ten months.
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Robert Simels is a former attorney who practiced for over 35 years. Bob was a prosecutor in the NYS Special Prosecutor’s Office that investigated corruption in NYC and a Criminal Defense Attorney, most notably as the attorney for Henry Hill of “Goodfellas” acclaim. Mr. Simels now acts as a Sentencing and BOP Consultant. You can reach Bob at: Legal-help.us
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White Collar Support Group Blog – Fellow Traveler Fred Aaron, Writing for Interrogating Justice
Fred Aaron is a member of our White Collar Support Group that meets on Zoom on Monday evenings.
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Huge thanks to our friends at Interrogating Justice for permission to reprint and link.
The Unexpected Impact of Dobbs on Criminal Justice: Part I, by Fred Aaron
A legal precedent is something that has the force of settled law. It is a court decision that has gained such wide-ranging acceptance that the legal community views it as foundational. That is why it was a major shock when the Supreme Court in Dobbs v Jackson Women’s Health Organization not only deemed the Mississippi law limiting women’s access to abortion constitutional but also overturned the 50-year precedent established in Roe v Wade, allowing states to now outlaw abortion completely in the process.
In fact, 14 states have laws banning or restricting abortions that immediately came into effect as soon as Roe v Wade was overturned. These so-called trigger provisions stripped women of their abortion rights in the blink of an eye. While the impact on women’s healthcare from the Dobbs ruling has been well known, what has not been reported is the far-reaching implications of Dobbs for justice-impacted people and the effect of Dobbs on the criminal justice system.
What is Precedent?
Now that the Supreme Court has overturned Roe v Wade by the slimmest of margins (5-4 with Chief Justice John Roberts concurring only in allowing the Mississippi law to stand but dissenting on the issue of overturning Roe), what is the future of other legal precedents? Keep in mind that four of the five justices in question stated under oath during their Senate confirmation hearings that Roe v Wade remained settled law, while noting the doctrine of stare decisis that gives significant weight to prior Supreme Court decisions.
For example, Justice Samuel Alito, who wrote the opinion in Dobbs, stated during his confirmation that “Roe v Wade is an important precedent of the Supreme Court. It was decided in 1973, so it has been on the books for a long time.” Justice Alito wasn’t alone in these sentiments.
Similarly, Justice Neil Gorsuch made the strong point that “Roe v Wade, decided in 1973 is a precedent of the United States Supreme Court. It has been reaffirmed. A good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.”
Justice Brett Kavanaugh made a similar comment, describing Roe v Wade as “settled as a precedent of the Supreme Court, entitled to respect under principles of stare decisis.”
Justice Amy Coney Barrett made analogous comments as well, while noting that Roe is not a super-precedent like Marbury v Madison, which dates from the earliest days of the U.S.
Four of the five justices who voted to overturn Roe v. Wade called the case “important precedent,” “precedent” that has been “reaffirmed,” “settled as precedent” and “entitled to respect under principles of stare decisis.”
Read the full article: https://interrogatingjustice.org/ending-mass-incarceration/the-unexpected-impact-of-dobbs-on-criminal-justice-part-i/
The Unexpected Impact of Dobbs On Criminal Justice: Part II, by Fred Aaron
My wife and I welcomed our first child into the world 19 years ago. It was a beautiful, sunny Friday afternoon in New York City, and my wife and son spent their first night together in a room with another first-time mother and her child. In fact, all the new mothers at New York Hospital were sharing rooms that September weekend, except for two.
The first was a wealthy woman who was in a huge, private suite at the end of the hall bedecked with enough flowers to send everyone to the allergy ward. The other mother in a private room really wasn’t alone. A member of the NYPD stood guard outside her room, with another police officer stationed inside. The new mother had her right wrist handcuffed to her bed and had to request the police officer to release her if she needed to use the bathroom. She was incarcerated at one of the many detention centers scattered around the five boroughs of New York.
The reality of that woman is lived by every pregnant person currently incarcerated in this country. And the ruling in Dobbs v Jackson Women’s Health Organization makes that already-bad situation much worse. Healthcare for incarcerated people is already something that is less than optimal. Dobbs promises to make neonatal care even worse, while limiting the right to terminate any unwanted or risky pregnancy.
Pregnancy has always been an issue inside of jails and prisons.
Prisons are and always have been segregated based on gender. Officials house biological women in different facilities from biological men, with different states and the federal government treating transgender, non-binary and intersex individuals differently depending on where they’re at.
For example, The Transgender Respect, Agency, and Dignity Act (SB 132) requires that the California Department of Corrections and Rehabilitation house transgender, non-binary and intersex individuals according to their gender identity. CDCR has identified 1,616 individuals who fit this profile as currently incarcerated in California. This is why many people would assume that pregnancy is not an issue with incarcerated people.
The reality is that an average of 58,000 pregnant individuals are admitted into jails, prisons and detention centers every year, according to a study by the Prison Policy Initiative. These individuals require specialized healthcare that is often lacking inside of correctional institutions. Pregnant inmates are more likely to miscarry, with the same study finding that miscarriage rates are 19% to 22% depending on the state, far exceeding the national average.
Read the full article: https://interrogatingjustice.org/uncategorized/fairness-in-sentencing/the-unexpected-impact-of-dobbs-on-criminal-justice-part-ii/
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