This is perhaps my most incisive podcast ever (at least I think so). How could it not be, as I was interviewed by Prof. Sydney Finkelstein of the Tuck School of Business at Dartmouth College. A must-listen if you and/or someone you care about have been prosecuted for a white collar crime. – Jeff
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Episode Summary:
He is addicted to prescription opioids, he attempts suicide, he’s found guilty of white-collar crime and serves 13 months in prison. Now he’s out, free, and has a chance to do something good for others, and himself, with the rest of his life. This was, and is, Jeff Grant, and on this episode of The Sydcast we hear his story. Link to Sydcast on Art19.com: https://art19.com/shows/the-sydcast/episodes/b6473d6d-3cc5-4484-b4ba-42ddad226991.
Syd Finkelstein is the Steven Roth Professor of Management at the Tuck School of Business at Dartmouth College. He holds a Master’s degree from the London School of Economics and a Ph.D. from Columbia University. Professor Finkelstein has published 25 books and 90 articles, including the bestsellers Why Smart Executives Fail and Superbosses: How Exceptional Leaders Master the Flow of Talent, which LinkedIn Chairman Reid Hoffman calls the “leadership guide for the Networked Age.” He is also a Fellow of the Academy of Management, a consultant and speaker to leading companies around the world, and a top 25 on the Global Thinkers 50 list of top management gurus. Professor Finkelstein’s research and consulting work often relies on in-depth and personal interviews with hundreds of people, an experience that led him to create and host his own podcast, The Sydcast, to uncover and share the stories of all sorts of fascinating people in business, sports, entertainment, politics, academia, and everyday life.
Jeff Grant
After an addiction to prescription opioids and serving almost fourteen months in a Federal prison (2006 – 07) for a white-collar crime he committed in 2001 when he was lawyer, Jeff started his own reentry – earning a Master of Divinity from Union Theological Seminary in the City of New York, majoring in Social Ethics. After graduating from divinity school, Jeff was called to serve at an inner city church in Bridgeport, CT as Associate Minister and Director of Prison Ministries. He then co-founded Progressive Prison Ministries, Inc. (Greenwich, CT), the world’s first ministry serving the white collar justice community.
On May 5, 2021, Jeff’s law license was reinstated by the Appellate Division of the Supreme Court of the State of New York.
Now again in private practice, Jeff is an attorney and counselor-at-law providing private general counsel, legal crisis management, and dispute strategy and management services to individuals and families, real estate organizations, family-owned and closely-held businesses, the white collar justice community, and special situation and pro bono clients. He practices in New York and in authorized Federal matters, and works with local co-counsel to represent clients throughout country
For over 20 years Jeff served as managing attorney of a 20+ employee law firm headquartered in New York City, and then Westchester County, NY. Among other practice areas, the firm engaged in representation of family-owned/closely held businesses and their owners, business and real estate transactions, trusts and estates, and litigation. Jeff also served as outside General Counsel to large family-owned real estate equities, management and brokerage organizations, in which role he retained, coordinated and oversaw the work of many specialty law firms, including white collar defense firms.
Insights from this Episode
Why Jeff wanted to become an attorney
Family struggles Jeff went through during his auto-medication addiction problems
How Jeff ended up in prison and what his experience was
The steps of Jeff’s return journey to life after prison
How Jeff supports white-collar criminals
Patterns of white-collar crimes
Institutional challenges towards fraud
Quotes from the Show:
“I became addicted and slowly I started to deteriorate where I couldn’t show up at work anymore and I couldn’t run my firm even though it was continuing to be successful” – Jeff Grant [12:11]
“I was betting my livelihood and health of my family and my future in ways that were just reckless” – Jeff Grant [17:02]
“I learned more about human nature and respect and care and character in prison than I’ve learned in my entire life.” – Jeff Grant [24:48]
“[About his early life as a successful attorney] Positional power and money bought me the illusion that I had anything important to say and that anybody ever cared what I had to say, and the truth was that I was just a narcissistic mess” – Jeff Grant [27:18]
“I’m afraid that what we are doing is that we are teaching business leaders and political leaders…we are teaching them the wrong values” – Jeff Grant [50:17]
“[About people who make fraud] It’s not okay to take advantage of the system so long as you, either don’t get caught or if you do get caught, you won’t get prosecuted for it” – Jeff Grant [50:34]
Fellow Travelers Mike Neubig and Jeff Grant are featured in this article, and are members of of our White Collar Support Group that meets online on Zoom on Monday evenings.
Pour yourself a cup of coffee, because this is quite a read.
Who’s more despicable: a thief who robs a 7-11 at gunpoint, or Elizabeth Holmes, the former billionaire (on paper) accused of perpetrating a massive fraud with her blood-testing company, Theranos?
It may be easier for the armed robber to be forgiven than Holmes. He wasn’t born and raised in an environment of privilege. She had everything.
There are several programs helping “blue-collar” ex-felons find jobs and start life over after prison, but there are no such programs for white-collar ex-cons. (“White collar” traditionally describes a nonviolent crime involving financial fraud.)
“You had your chance and you blew it,” says Mike Neubig, a former CEO convicted of lying to investors. He’s struggled to find steady work, and he realizes that most people couldn’t care less. He says their message is, “We don’t have sympathy,” but he asks, “How long do you want us punished?”
Even in a tight labor market, where accountants in particular are in high demand, few companies will take a risk on someone who’s broken trust in the past.
There are tens of thousands of highly skilled men and women who’ve done their time and need to go back to work. They’re testing different interview strategies. Some succeed, some don’t, and now some of these former inmates are leaning on each other. “White-collar guys are smart,” one told me.
Meet three men who explain what they did wrong, what’s next, and what you need to know if you ever end up in prison.
THE HIGH-PROFILE AUDITOR CAUGHT IN AN FBI STING
I was surprised several months ago when Scott London reached out to me on LinkedIn with a nice message about an online forum I moderated. Surprised, because the last time we saw each other was in 2013, when I was chasing Scott around a federal courthouse in downtown Los Angeles after he was arrested by the FBI.
But Scott London is a nice guy.
A nice guy who broke the law.
Scott was a senior partner in the Los Angeles office of auditing giant KMPG. He gave a friend, Brian Shaw, insider information on a couple of companies, and Shaw used that information to trade shares and make about $1.6 million.
“I gave him a series of tips over 10, 12 months,” Scott admits. He says he crossed the line from legal to illegal slowly, after listening for months as Shaw explained how his business was struggling. Scott says he had no idea that Shaw would use the information to make such huge gains. “I thought he was going to trade and make $10,000, $20,000.”
Still, “The facts were that I gave him that information,” and in exchange, Scott received money and gifts worth between $50,000–$70,000.
But the suspiciously timed trades netting a whopping $1.6 million got the attention of law enforcement.
The FBI contacted Brian Shaw, and he agreed to set up his friend in a sting, meeting Scott in a parking lot and passing him an envelope filled with $5,000 (money provided by the FBI). This gave the feds the evidence they needed to bring a case.
When federal agents showed up at Scott London’s door, they pulled out the photo of him taking the cash. “I did it,” he told them on the spot, admitting everything.
When we met again recently for this newsletter, Scott told me that when he first went to prison, he was sent to the same facility housing Brian Shaw. He says prison officials were concerned about having both of these ex-friends in the same place, so Scott was immediately put in the SHU (pronounced “shoe”), the Special Housing Unit, aka solitary confinement.
Nobody told Scott why he was going to solitary or how long he’d stay. “It was the worst period of time in my life.” He had no access to a phone for a week, and he spent 23 hours a day in a small cell. “There are people screaming in there.”
He was there for 30 days.
Then he was moved to the general prison population at a federal facility in Lompoc, California, where he spent most of his days doing landscape maintenance at Vandenberg Air Force Base.
“There’s a feeling I used to have daily: ‘How could I be so stupid and do something like this?’,” he tells me. Fortunately, Scott’s family survived on savings and his wife’s income.
Shortly after his release from prison, he reached out to a friend who ran a tech company. “I said, ‘I don’t care what I do.’” The CEO took a chance on him, even though hiring a high-profile ex-felon caused some “awkward conversations” at the company.
Within a few months, Scott was promoted to Chief Operating Officer.
He realizes that his success after prison is very unusual. Scott thinks the main reason he was able to bounce back is because he never denied the charges. Not to the FBI. Not to his friends.
“I had more people advising me, ‘Deny, deny, deny, there’s no evidence.’” But Scott thinks being honest saved his career. “That builds credibility amongst the community you live in.” It’s something he talks about in ethics training for aspiring accountants.
Still, he knows he’ll never again be a top manager at a top accounting firm.
“I don’t think there’s any way that anybody who committed a white-collar crime can go back to the industry they were in,” he says.
THE EDUCATION CEO“I wouldn’t trade it. It’s created the person I am now.”
Mike Neubig used to worry that a potential employer would find out about his criminal record. Now he writes about it openly on a blog.
Mike was the youngest of five children in a poor household. “I felt invisible.” He was also the first to go to college, where a professor was impressed with his writing. “Nobody ever told me I was smart before.” That sparked an interest in education: “I wanted to give back and try to impact the type of kids that I was, that were kind of invisible.”
He ended up becoming a teacher and eventually got involved in restructuring education. He wrote a book, created his own business — Capture Educational Consulting Services — and raised $3.9 million in startup funds from investors.
Then things went south.
He lied to investors about how well the company was doing.
“I think that investors make the assumption that you are ready to handle sudden success, hundreds of thousands of dollars,” he says.
His board fired him.
Then one day two years later when he was home alone, the doorbell rang.
“I peeked out and I thought I saw the sleeve of a policeman’s uniform,” Mike recalls. “I’d never had anything besides a speeding ticket in my lifetime, and my heart started pounding.”
He went to open the garage door to see if anyone was in the back. “There was a bunch of police cars out there, and they came underneath the garage door and said they had a warrant for my arrest and to put my hands behind my back, and I was just in shock.”
Soon everyone heard the news. His wife’s prayer group found out. So did the parents of the football team he helped coach. “People looked at me like I had the plague.”
Unlike Scott London, Mike Neubig has struggled to find a job. His story is more common. As soon as an employer does a background check, it’s all over. Google “Mike Neubig” and see what pops up.
Every time he lands an interview, he tries to figure out when to reveal his past. Sometimes he mentions it right off the top; sometimes during a second interview (but only halfway through, “so that you can finish the interview with reminding them how great you are”); sometimes he waits until after he receives a conditional offer of employment.
None of it’s worked out, even when he’s been told he’s the perfect candidate. Mike has been fired from two jobs after managers discovered his record, and he’s had three offer letters revoked. “Once they know, they don’t want anything to do with me,” he says. “How do you build trust again?”
Even entry-level custodial jobs may be off-limits. “Can you trust the white-collar ex-felon late at night alone in an office?”
THE $140,000 JOB
Here’s one particularly painful example. Mike says he landed a job in San Francisco after his indictment but before his conviction. It was a great job, paying $140,000, and somehow he passed the background check (obviously no one Googled him). He started working, and then he flew to New York for a week of training.
Two days in, his boss calls a meeting. “I start to show him my computer and all the things I’ve done, and I look up, and the lady from HR is on the screen.” The boss revealed they’d learned about his indictment and demanded he immediately hand over the computer. “The lady on the screen says, ‘Tell us a little bit about what happened,’” he says, “but they had already taken my computer.” (I reached out to the company and the boss, but I never got a reply.)
Mike is no longer running from his record. “It’s all over my LinkedIn page.” He thinks it’s important to be public about his past and to share what he’s learned. “As my therapist said, ‘You have to rebuild your whole identity at age 50.’”
He’s even started to get a little work. Newsflash: Just last week, Mike landed a contract to be a marketing director. The company knows his background and hired him anyway. “It’s really brought me self-esteem I haven’t had in a long time.”
Despite everything, he says the experience made him a better man. And his wife and daughters stuck with him.
“It was awful, but I wouldn’t trade it. It’s created the person I am now.”
THE LAWYER TURNED PREACHER “I tried to kill myself that night…”
Jeff Grant was a very successful lawyer in New York who became addicted to prescription opioids after rupturing his Achilles’ tendon. He started stealing money from clients. Then to save his business after 9/11, he applied for a Small Business Administration loan, falsely claiming his office was a block from Ground Zero. “It was a stupid, crazy thing to do.”
He received $247,000.
In July of 2002, when it became clear he’d committed fraud, he surrendered his law license. “I tried to kill myself that night with an overdose of prescription opioids.”
Friends came to the rescue and drove him to rehab. Jeff became sober. Then, nearly two years later, “I got a call from two federal agents to tell me that there was a warrant out for my arrest in connection with the misrepresentations I made on the 9/11 loan.”
He turned himself in and pled guilty. “All I wanted to do was accept responsibility and pay my debt and move forward.”
In 2006 he went to prison for over a year.
Jeff was sent to a correctional institute in Pennsylvania, where he says there were “five stockbrokers, two former doctors and one former lawyer — that was me — and about 1,500 drug dealers.” (More on lessons he learned in prison below… wow!)
When Jeff got out of prison, his life was a mess. “I didn’t have a job. My family was in disarray.” He was still in recovery, though, and went to court-managed drug and alcohol counseling several times a week. A counselor advised him to begin re-establishing his reputation by doing volunteer work. That led to some paid positions.
In 2009 he decided to go to seminary, even though he’d been raised Jewish. He received a Master of Divinity degree from Union Theological Seminary and started working in churches.
He started Progressive Prison Ministries in 2014 to specifically provide emotional and spiritual support to white-collar criminals and their families. The group holds virtual meetings every Monday night, and everyone from ex-cons to people awaiting trial call in. “We give them hope and some guidance on how to move forward,” Jeff explains. While the program is “spiritually oriented,” it is non-denominational. “We serve people of all faiths or no faith whatsoever.”
The group includes former CEOs, captains of industry, a former local sheriff and a discredited ex-district attorney. Many of them share their stories on Jeff’s podcast, White Collar Week.
“This is hard work, Jane. This is like therapy on steroids.”
Time for their advice…
HOW TO SURVIVE PRISON
— If you’re going to prison, memorize important phone numbers or have them mailed to you inside. Nobody remembers phone numbers anymore.
— Tell visitors not to handle any cash ahead of a visit, because there may be drug residue on it.
“The single most important thing to know about going to prison is to show respect and be able to receive respect,” says Jeff Grant, who adds that respect is mostly demonstrated by “keeping your mouth shut.” People who ask a lot of questions are suspected of being rats.
Prison has a lot of rules which are not intuitive at first. “It’s like being on a plane and landing in Manchuria,” he says. “You can get off the plane, but you don’t speak the language, you don’t know the customs, you don’t know the culture, you don’t have the money.”“You don’t want to know how he acquired it.”
For example, on his third day in prison, Jeff went over to a weight stack to bench press. It was very early in the morning, and nobody was working out.
“Somebody came up to me and said, ‘Are you planning on using that equipment?’ And I said, ‘Yeah.’” The guy told Jeff, “When you’re done, come talk to me.” Jeff said he was so freaked out, he did one bench press before going back to talk to the guy, who suggested Jeff talk to his “cellie,” his cellmate.
When Jeff asked his “cellie” what the deal was, the cellmate told Jeff the man who spoke to him “owns” the weight equipment during that part of the day. “You don’t want to know how he acquired it,” the cellmate told him. “If you want to use that equipment during that time of day, you’ve got to pay him for it.”
Jeff asked why the guy didn’t just tell him that. “He doesn’t know you,” his cellmate said. “He doesn’t know if you’re a rat.” White-collar inmates are generally older and often white, as is Jeff, and that can make other inmates suspect them of being prison plants.
Jeff began to walk the track around the prison yard, 10 miles a day. “After about three months, a ‘shot caller’ came up,” he says, referring to the head of a gang. “He said to me, ‘I hear you can be trusted.’” Jeff knew by now not to speak. “So I just nodded my head, and he said, ‘All right, then.’”
The next day other inmates suddenly started talking to Jeff, the former lawyer, and asking for legal advice. He ended up helping many of them with divorces and bankruptcies.“You can’t trust anybody.”
Scott London paid a consultant a few hundred dollars to get advice before starting his prison sentence. “Turns out [the advice] was mostly wrong.”
Here’s what he learned on his own about prison.
“You can’t trust anybody, you can’t trust what people tell you, you have to look out for yourself.” Scott says there will be inmates who want to get you in trouble. At the same time, “Don’t treat people poorly.”
He says the first couple of weeks were a process of learning the rules, such as, “This thing is only for coffee. Don’t wash your hands in that sink.”
Then came the occasional challenges, “where somebody is exerting their influence.” Scott says you can react in one of three ways:
Cowering — “From that time on, they would kind of own you throughout your stay.”
Defiant — “You just go over the top and try and be aggressive with them.”
Something in-between — “Hold your ground and say, ‘I’m sorry, I didn’t mean any disrespect. I’m here to do my thing, you’re here doing your thing.’”
Scott chose the last strategy. “In the end, I made some reasonable friends there that I spent most of my time with.” Finding such people helped the time go by. “If you were just trying to be a loner, and you isolate yourself, it’s going to be very, very difficult to get through.”
AND AFTER PRISON?
There are “Fair Chance Employers” who are willing to hire someone with a criminal record to reduce recidivism rates, but Mike Neubig says they focus on blue-collar ex-felons, not people like him.
In California, the 2018 Fair Chance Act bans employers from doing a criminal background check until a conditional offer has been made. The offer can only be rescinded after “considering the nature and gravity of the criminal history, the time that has passed since the conviction, and the nature of the job you are seeking.”
It doesn’t take much to convince a company to rescind an offer to someone who previously committed fraud.
So Mike says he’s found value in volunteering with the youth ministry at his church, and with Jeff Grant’s Progressive Prison Ministries. “Find a support group,” he says. “Don’t be afraid to admit what you did… otherwise the shame will just kill you. It still does at times.”“Think about the people in your life.”
Scott London says white-collar ex-cons need to leverage the skills they have and reinvent themselves in a career different from the one they had.
He also has two pieces advice for staying out of trouble in the first place. First, don’t make critical work decisions when you’re vulnerable. “You might be going through a divorce, you might have financial issues.” This could put you in the wrong frame of mind to make moral and ethical choices.
Second, “If you are about to go over the line… think about the people in your life.” Those people will suffer greatly. “My son came home from school one day, and there was a news truck sitting outside, and he had no idea what was going on.” If Scott had that image in his mind before he broke the law, he says he wouldn’t have broken the law.“We have a right to a second life.”
Jeff Grant has done what seemed impossible and won back his law license. Even some of his old clients from 20 years ago have come back.
This gives him hope.
“We’re now hopefully being regarded not so much as castoffs anymore,” he says, “but more as people who’ve gone through some difficult challenges, albeit mostly by our own hand, and who have a right to recover, have a right to a second life.”
Jane Wells would love to hear what you think. Please feel free to email [email protected].
Do you believe the criminal justice system is stacked against us? Do lawyers collude with each other to make more money? If you already know what the outcome will be, why do the work for a trial? What’s the plan? Who do you trust? Everyone deserves good legal representation. Does the government get it right? Better Call Daddy: The Safe Space For Controversy!
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. They include private general counsel, white collar crisis management to individuals and families, services to family-owned and closely-held businesses, plus support to special situation and pro bono clients. He practices in New York and in authorized Federal matters, and works with local co-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.
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.
Jeff Grant, Esq.
GrantLaw, PLLC, 43 West 43rd Street, Suite 108, New York, NY 10036-7424
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. They include private general counsel, white collar crisis management to individuals and families, services to family-owned and closely-held businesses, plus support to special situation and pro bono clients.
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.
In 2012, Craig Stanland made a choice that would cost him everything. After exploiting the warranty policy of one of the largest tech companies in the world for almost a year, the FBI finally knocked on his door.
He was arrested and sentenced to 2 years of Federal Prison, followed by 3 years of Supervised Release, and ordered to pay $834,307 in restitution. He lost his wife, his homes, his cars, his career, and even his identity. He wanted nothing more than to die.
A well-timed prison visit from his best friend of over thirty years turned his life around.
Today, Craig is a best-selling author, TEDx speaker, and Reinvention Architect. He works 1:1 with clients to empower them to break free from their self-imposed mental prisons so they can reinvent their lives with passion, purpose, fulfillment, and meaning.
His book, “Blank Canvas, How I Reinvented My Life After Prison” is available on Amazon.
In the nineties, Jeff Grant had a law firm in Westchester County, a seat on the local school board, and an ownership stake in a bistro called, if you’ll for give the irony, the Good Life. He was in his early forties, garrulous and rotund, and he gloried in his capacity to consume. Each year, he took his wife and daughters on half a dozen “shopping vacations,” though they sometimes neglected to open the bags between trips.
Grant had developed an early appreciation for personal displays of wealth and power. Born in 1956, the son of a marketing executive, he grew up on Long Island, graduated from SUNY Brockport, and worked his way through New York Law School as a shoe salesman. By then, his parents had divorced, and his father had moved in with Lynda Dick, a wealthy widow whose properties included one of the most storied mansions in Greenwich, Connecticut, a hilltop estate known as Dunnellen Hall. (It later became famous as the home of Leona Helmsley, the hotel magnate convicted of tax evasion in 1989, after a trial in which a housekeeper testified that Helmsley had told her, “We don’t pay taxes. Only the little people pay taxes.”)
Grant cultivated an ability to muscle his way into one opportunity after another. In law school, he approached the box office of a concert venue in Boston and, pretending to be the son of a music promoter, threatened revenge if he and three friends were not admitted free of charge. The brazen charade worked so well that the headliner, the rock and roll pioneer Gary U.S. Bonds, hosted the group backstage and, at the concert, sang “Happy Birthday” to one of Grant’s friends. As a lawyer, Grant specialized in real estate and corporate work and regarded himself as an “assassin.” In business and out of it, his philosophy was “Win, win, win.”
As he reached his mid-forties, however, Grant found himself unraveling. He had become addicted to painkillers— first Demerol, prescribed for a torn Achilles tendon, and then OxyContin. He was increasingly erratic and grandiose, betting wildly on dotcom stocks. In 2000, as his debts mounted, he started filching money from clients’ escrow accounts. The following year, after the terrorist attacks of September 11th, Grant applied for a disaster relief loan from the Small Business Administration, claiming to have lost the use of an office near Ground Zero. That was a fiction. He received two hundred and forty seven thousand dollars, which he used to cover personal and office expenses.
In July, 2002, under investigation for breaching his clients’ accounts, he surrendered his law license and was later disbarred. That summer, as he sat in a Ralph Lauren wicker chair in his green house in Rye, he attempted suicide, swallowing forty tablets of Demerol. He survived, and entered drug and alcohol rehab. He and his wife moved to Greenwich, seeking a fresh start, but the marriage was too badly frayed to survive.
Grant’s undoing was not yet complete: officers of the Internal Revenue Service discovered the false claim on his loan application, and in 2004 a warrant was issued for his arrest. He pleaded guilty to wire fraud and money laundering, and a judge sentenced him to eighteen months in prison, chastising him for exploiting a national tragedy. On Easter Sunday, 2006, two friends drove Grant three hours west from Greenwich to Allenwood Low, a federal prison in the mountainous Amish country of central Pennsylvania. Grant quickly learned the rules: never take someone’s seat in the TV room or ask a stranger what landed him in prison. And he mastered the black market economy that runs on “macks,” or foil packages of smoked mackerel, which sell for about a dollar in the commissary. He marked time mostly by walking—circling an outdoor track three or four hours a day, listening to NPR on headphones. “In the morning, all the airplanes from the East Coast would fly over going west, and at night they would come the other way,” he told me. “I would remember myself as a businessman.”
Grant was released to a halfway house in June, 2007, after fourteen months in prison. He had walked thirty-five hundred miles around the track and shed sixty-five pounds. He returned to Greenwich with no idea of what to do next.
Many people who have served time for white collar felonies look to get back into business. Barely six months after the homewares mogul Martha Stewart emerged from prison—she had been convicted of lying to investigators about a stock trade—she was hosting two new television shows. Grant, who no longer had a law license, tried applying himself to good works instead. He volunteered at rehab facilities that had helped him get sober. He joined the board of Family ReEntry, a nonprofit in Bridgeport, which aids formerly imprisoned people and their families, and he later served as its executive director. Hoping to improve his inner life, he studied for a divinity degree at Union Theological Seminary, in Manhattan. In 2009, he married Lynn Springer, a Greenwich event planner he had met in recovery. In 2012, they founded the Progressive Prison Project, a ministry focused on white collar and other nonviolent offenders.
As word of his experience spread, Grant started hearing from neighbors who were heading to prison or had recently returned and were seeking advice or companionship. At the time, a sense of alarm was animating conversations among businessmen along the Metro North corridor: Preet Bharara, the U.S. Attorney for the Southern District of New York, had imposed a crackdown on insider trading, leading to more than eighty guilty pleas and convictions. Some of these cases were later invalidated by an appeals court, but Operation Perfect Hedge, as it was known, had punctured the realm of traders, analysts, and portfolio managers. “My phone would ring in the middle of the night,” Grant said. One financier, under indictment, called while hiding in his office with the lights out. “He said, ‘I’m afraid that people will recognize me on the street,’ ” Grant recalled. A reporter from Absolute Return, a trade publication for the hedge fund industry, asked Grant, “How do Wall Street skills usually translate in prison?” His reply: “These skills are not only in large degree useless, they are probably counterproductive.” As he told me recently, “Business rewards a certain type of attitude and assertiveness—all things that will get you killed in prison.”
Grant, in his pastoral role for anxious brokers, fallen hedgies, and other wobbling pillars of late capitalism, came to expect fresh inquiries from desperate people each morning when he opened his email. “Everyone going through this is freaking out, so they’re up all night, Googling,” he said. In the hope of nourishing his unlikely flock, Grant developed an ambitious reading list, which included “Letters and Papers from Prison,” by Dietrich Bonhoeffer, and “The Gulag Archipelago,” by Aleksandr Solzhenitsyn. If some callers found that Bonhoeffer’s words of resistance to the victims of national socialism did not seem immediately applicable, Grant also offered practical tips. Before reporting to prison, he advised them, mail yourself the phone numbers of family members and friends on the visitors’ list, because“you’ll be too discombobulated to remember them once you’re inside.” And remind your wife never to touch paper money on the morning of a visit; almost every bill bears traces of drug residue, which will set off the scanners.
In 2016, Grant established what he called the White Collar Support Group, an online meeting inspired by twelve step programs for drug and alcohol addiction. He described the program as a step toward “ethics rehab” and, on his Website, explained that it was for people who wanted to “take responsibility for our actions and the wreckage we caused.” In blunter terms, he told me that it was for “guys detoxing from power and influence.”
The first session attracted four attendees, including a hedge fund manager and a man who had pilfered from his child’s youth soccer club. But soon the program grew. In the next five years, more than three hundred people cycled through, either on their way to prison or just out and trying to re-establish a semblance of their old order. Some of Grant’s flock were familiar from front page scandals, born of Ponzi schemes, insider trading, and other forms of expensive corruption; others were virtually unknown to the public. This summer, I asked him if I could sit in on a meeting of the White Collar Support Group. He agreed, but alerted his members in advance, in case anyone wanted to preserve his privacy.
At seven o’clock one evening in July, I signed on to Zoom and found myself with twenty-eight people, mostly male and white, each identified by a name and a location. Meetings are free, though Grant suggests a donation of five dollars to his ministry. He draws a distinction between his work and the industry of white collar “prison coaches” who offer bespoke services for a price. Among them, Wall Street Prison Consultants promises to “ensure you serve the shortest sentence possible in the most favor able institution.” It sells consulting packages at the levels of Bronze, Silver, and Gold, the finest of which includes “Polygraph Manipulation Techniques,”“Prison Survival Orientation Coaching,” and an “Early Release Package” that helps clients apply for a drug treatment program to reduce the length of a sentence.
Grant, who now lives in Woodbury, Connecticut, appeared on camera wearing a pale blue oxford shirt and sitting before a stone fireplace. As he called the meeting to order, we recited Reinhold Niebuhr’s Serenity Prayer, and then Grant reminded everyone of the rules: with few exceptions, anyone who talked for more than three minutes would hear a snippet of music—on this occasion, the Parliament funk classic “Mother ship Connection (Star Child)”—signalling him to wrap it up. Surrendering control, Grant likes to tell his charges, may not come naturally.
Before the meeting, Grant had warned me me not to expect universal contrition. “Almost everyone who contacts us has been successful, controlling, and perhaps narcissistic,” he said. “The elements that made them successful are also the elements that contributed to their demise.” Throughout their pre-indictment careers, aggression and rule bending were considered strengths. In American culture, white collar crime is often portrayed less as evidence of unfettered greed than as a misguided sibling of success.
By and large, the country’s governing class has encouraged that view. After the stock market crashed in 1929, Congress faced public pressure to curb the backroom manipulation that had helped devastate millions of shareholders. But Richard Whitney, the president of the New York Stock Exchange, a graduate of Groton and Harvard, told senators in Washington, “You gentlemen are making a great mistake. The exchange is a perfect institution.” In 1938, Whitney was caught embezzling from the New York Yacht Club, his father in law, and a number of others. He went to Sing Sing dressed in a double breasted suit.
Not long after Whitney’s fall, the sociologist Edwin Sutherland devised the term “white collar crime,” to describe wrongdoing committed “by a person of respectability and high social status in the course of his occupation.” Since then, each cycle of boom and bust has delivered new iterations of rapacious self dealing, often indelibly linked to time or place, like schools of painting—the naked fraud of a Savings & Loan, the whimsical math of an Arthur Andersen. In 2001, following the accounting scandals at Enron and other companies, a publication called CFO Magazine quietly abandoned its annual Excellence Awards, because winners from each of the previous three years had gone to prison.
Since the turn of the millennium, the prosecution of white collar crime has plummeted—but this should not imply a surge in moralism among our leading capitalists. After the attacks of September 11th, the F.B.I. began to shift resources toward counter terrorism. Meanwhile, Republican lawmakers cut the budget of the Internal Revenue Service so sharply that it had the same number of special agents in 2017 as it had half a century earlier, even though the national population has grown by two thirds.
The effects of impunity have become more blatant since the Great Recession of 200709, when, infamously, almost no top executives went to prison—despite the loss of more than nineteen trillion dollars in household wealth. At the time, leaders at the Department of Justice claimed that they could not prove fraudulent intent by Wall Street titans, who were many layers removed from the daily handling of toxic securities. Jed Rakoff, a judge in the Southern District of New York, believes that this was a catastrophic misreading of the law. Executives, he argues, could have been prosecuted under the principle that they were “willfully blind” to patterns of abuse that enriched them. “Dozens of people defrauded millions of people out of probably billions of dollars,” Rakoff told me. The imperatives had less to do with compensating victims than with deterring crimes not yet conceived. “There are studies that are more than a hundred years old that show that the best way to deter any crime is to catch the perpetrators quickly,” he said.
In the years since, the failure to hold top executives accountable has become intertwined with historic levels of income inequality, a phenomenon that Jennifer Taub, a professor at Western New England University School of Law, calls “criminogenic.” In her 2020 book, “Big Dirty Money,” she wrote, “In our society, extreme wealth often confers tremendous power. So just as power tends to corrupt, so does excessive wealth.” But nothing expressed America’s ambivalence toward white collar crime more eloquently than the election of Donald J.Trump, whose life and career as a business fabulist merited no fewer than a hundred and twenty five mentions in “Big Dirty Money.” Under his leadership, federal prosecutions of white collar crime reached an all-time low. In 2020, Trump delivered pardons and clemency to a slew of affluent felons, including Michael Milken, the junk bond trader who had pleaded guilty to securities violations three decades earlier. Taub noted that the official White House announcement about the pardoned businessmen used the word “successful” to describe them four times.
Measurements of success, or something like it, haunt the conversations in the White Collar Support Group. In the Zoom meeting, one of the first people to speak up was Andy Tezna, a thirty six year old former executive at NASA, who had been sentenced the previous week for fraud. Applying for COVID relief in the name of fictitious businesses, Tezna had collected more than three hundred and fifty thousand dollars, including loans issued under the Paycheck Protection Program. He used the money to finance a Disney Vacation Club time share, a swimming pool ($48,962), and, to ease the social isolation of the pandemic, a French bulldog ($6,450).
“I got eighteen months,” Tezna told the group, glumly. “Definitely not the number I had in mind.” He was sitting beside a window covered by venetian blinds; he wore white earbuds and several days’ growth of beard. He was waiting for word on when to report to prison. In court, Tezna and his lawyer had presented him as an American success story gone wrong. His family had come from Colombia when he was thirteen and lived in an unfinished basement, while he helped his mother clean houses. Later, he earned a degree from George Mason University and landed a job at NASA, which paid him a hundred and eighty one thousand dollars a year. In the job, he attended a space launch with members of Trump’s Cabinet and Elon Musk. “I just thought, My life is great,” he told the group.
To the judge, Tezna had framed his malfeasance narrowly, arguing, “I was bad at managing my finances.”The Justice Department thought it was worse than that. “These are not one off mistakes,” a prosecutor told the court.“ This was greed.”
A voice on the call piped up: “Hey, Andy? It’s Bill Baroni.”
It took me a moment to place the name. Then I remembered Bridgegate. In 2013, after the New Jersey governor Chris Christie appointed Baroni as the deputy executive director of the Port Authority, he was accused of helping to arrange a traffic jam on the George Washington Bridge, in order to punish the mayor of Fort Lee, who had refused to endorse Christie for reelection. Baroni was convicted of fraud and served three months in prison. But he denied the charges, and eventually the Supreme Court overturned his conviction. Justice Elena Kagan wrote that, even though the evidence showed “deception, corruption, abuse of power,” the Bridgegate episode did not meet the legal threshold of fraud. Baroni’s victory in the Supreme Court gave him unique status in the group. “I got the exact same sentence you did—eighteen months,” he told Tezna. “I know what’s in your head today.”
For the next ninety minutes, the mood veered between grave and celebratory. Members swapped tidbits about mutual friends (“He got moved out of the private prison in Mississippi”) and applauded new ventures (“I signed a lease last week”). Grant has developed a soothing vocabulary—about strength regained and community embraced—which collided occasionally with members’ laments. “As a single guy, I can tell you dating sucks,” a man in Delaware said, “because the reactions from women run the gamut from ‘Oh, my God, you’re the worst form of life on earth to ‘Oh,that’s cool! Women like bad boys.’ ” A former hedge fund manager in Chicago was still smarting over the publicity around his indictment. “Reporters were calling my parents and my brother,” he said. “I don’t even know how they got their phone numbers.” Members of the group arrive in disparate circumstances: some have managed to keep significant assets, while others are tapped out after restitution and legal expenses. According to Grant, the biggest distinction is between those who have been to prison and those who have not. Those who haven’t served time, he told me, are “sort of outside the club.”
More than a few members attributed their crimes to a kind of consumerist inadequacy. Craig Stanland, who defrauded the networking company Cisco of equipment worth more than eight hundred thousand dollars, told the group, “It was just pure shame from the beginning— not being able to tell my wife that I couldn’t afford that lifestyle, all the way through getting arrested. And then the scarlet letter.” But Bill Livolsi, speaking from the Tulsa suburbs, who went to prison for his role in a Ponzi scheme that passed itself off as a hedge fund, had come to see his new circumstances as an unburdening. “I finally got a job after a year of being out. It makes a whopping fifteen dollars an hour, but I’ve never been happier with a job,” he said. “My focus isn’t on what flight I’m taking or where I’m going on this particular vacation. It’s on how my family’s doing and how I’m doing.”
Grant is solicitous. He asks new members to introduce themselves and, when needed, draws them out. Richard Bronson, a former Lehman Brothers stock broker with cropped gray hair and a beard, said, “I used to work on Wall Street. I did very well.” In fact, Bronson became a partner at Stratton Oakmont, the firm made infamous by Martin Scorsese’s “The Wolf of Wall Street.” He moved to Florida and converted a small trading house called Biltmore Securities into a firm with five hundred employees. In Miami, he joined the boards of the ballet and the museum of contemporary art, opened a night club and started a magazine, and held court at an ocean-side villa. But prosecutors said that all this was built on deceit; they accused him of running a boiler room that fed investors a stream of bogus stocks, causing losses estimated at ninety-six million dollars. Bronson disputed this figure, and insisted that he had repaid his clients. Nevertheless, he pleaded guilty to securities and wire fraud in 2002, and served twenty-two months in prison.
Bronson told the group, “This is really the first time I’ve ever been around people who have similar comeuppances.” He has been trying to revive his business career, launching 70 Million Jobs, a post prison employment service, and an app called Commissary Club (“the exclusive social network for people with criminal histories”). “I’ve been out of prison for sixteen years, and I committed my crimes more than twenty-five years ago, and yet I wake up every morning with this gaping hole in my heart, out of regret for the things that I did.” He choked up momentarily and paused to collect himself. “I don’t suspect that I’ll get over this feeling,” he said, “and that saddens me.”
Others tried to buck him up. “I think we’re going to have to have a meeting about self care soon,” Grant said.
Behind each new revelation of white collar crime lurks an uncomfortable question about some of America’s most lucrative businesses: Are they attracting rogues or grooming them? Eugene Soltes, a professor at Harvard Business School, told me that regulations were partly to blame.“ There is more white collar crime today because there are more things that are criminal today than fifty years ago,” he said. Bribing a foreign official, for instance, was legal until the Foreign Corrupt Practices Act of 1977, and insider trading was rarely prosecuted until the nineteen eighties. Today, those are among the most common offenses. But, Soltes went on, “I suspect that you might be asking the more intuitive version of this question. Given the same laws, same number of people, et cetera, is the proclivity for someone to engage in white collar crime higher than it was fifty years ago?”
For his book “Why They Do It,” Soltes interviewed scores of people convicted or accused of white collar crime. He said that he had found no evidence of a growing inclination to break laws. What has changed, though, is what he calls the “psychological distance” between perpetrators and their victims: “Business is done with individuals at greater length now, which reduces the feeling that managers are harming others.” In thought experiments, people agree to sacrifice the life of someone they can’t see far more readily than that of someone who stands before them. In Soltes’s interviews with people who had committed price fixing or fraud, he found that many of them had never had a personal encounter with the victims.
In recent years, the lament that moral constraints have weakened has been voiced not just by critics of Wall Street but also by practitioners. In 2012, John C. Bogle, an iconic investor who founded the Vanguard Group and spent more than six decades in finance, wrote, “When I came into this field, the standard seemed to be ‘there are some things that one simply doesn’t do.’ Today, the standard is ‘if everyone else is doing it, I can do it too.’” Soon afterward, the law firm Labaton Sucharow conducted a survey of finance professionals, in which a quarter of them said that they would “engage in insider trading to make $10 million if they could get away with it.” Around the same time, Greg Smith, an executive director at Goldman Sachs, announced his resignation, decrying a “decline in the firm’s moral fiber.” Writing in the Times, he observed, “Over the last 12 months I have seen five different managing directors refer to their own clients as ‘muppets.’ . . . You don’t have to be a rocket scientist to figure out that the junior analyst sitting quietly in the corner of the room hearing about ‘muppets,’ ‘ripping eyeballs out’ and ‘getting paid’ doesn’t exactly turn into a model citizen.”
Researchers have elucidated the way that dubious behavior moves through a community. In the mid-aughts, the federal government brought criminal and civil cases for backdating stock options— manipulating records so that executives could take home a larger return than their options really delivered. Studies found that the practice had started in Silicon Valley and then infected the broader business world; the vectors of transmission could be traced to specific individuals who served as directors or auditors of multiple companies. An unethical habit spreads in encounters among neighbors and colleagues, through subtle cues that psychologists call “affective evaluations.” If people are rising on one measurement (profit) even as they are falling on another (ethics), the verdict about which matters more will hinge on the culture around them—on which values are most “exalted by members of their insular business communities,” Soltes observed in his book. As he told me, “If you spend time with people who pick locks, you will probably learn to pick locks.”
In 2013, prosecutors announced an indictment of S.A.C. Capital Advisors—named for its founder, Steven A. Cohen—calling it a “veritable magnet for market cheaters.” Cohen, like a considerable number of his peers, lived in Greenwich. In the previous decade, as the hedge fund industry surged in scale and profits, the rise of the Internet had allowed funds to leave Wall Street, and many moved to southern Connecticut to take advantage of favorable tax rates and easy commutes. By 2005, hedge funds had taken over two thirds of Greenwich’s commercial real estate.
After the charges against Cohen were announced, David Rafferty, a columnist for Greenwich Time, a local paper, published a piece with the headline “Greenwich, Gateway to White Collar Crime. ”He wrote, “A few years ago you might have been proud to tell your friends you lived in ‘The Hedge Fund Capital of the World.’ Now? Not so much.”
Rafferty, in his column, described a “growing sense of unease in certain circles as one hedgie after another seems to be facing the music.” Cohen, however, faced the music for a limited interlude. Under an agreement brokered with prosecutors, his firm pleaded guilty to insider trading and was sentenced to pay $1.8 billion in penalties. After a two year suspension, Cohen returned to the hedge fund business, and made enough money to buy the New York Mets. The price was $2.4 billion, the largest sum ever paid for a North American sports franchise.
Luigi Zingales, a finance professor at the University of Chicago, told me that he wishes his profession spoke more candidly about accountability and impunity. Most of the time, he said, business schools find “every possible way to avoid the moral questions.” He added, “I don’t know of any alum that has been kicked out of the alumni association for immoral behavior. There are trustees of business schools today who have been convicted of bribery and insider trading, and I don’t think people notice or care.” He went on, “People are getting more and more comfortable in the gray area.”
One of the longest running members of the White Collar Support Group is a lean and taciturn man in his forties named Tom Hardin—or, as he is known with some notoriety in Wall Street circles, Tipper X. Not long after graduating from business school at Wharton, Hardin went to work for a hedge fund in Greenwich. He had much to learn. Almost instantly, he began hearing that some competitors, such as the billionaire Raj Rajaratnam, were suspected of relying on illegal tips from company insiders. (Rajaratnam was later convicted and sentenced to eleven years.) In 2007, after Hardin became a partner at Lanexa Global Management, a hedge fund in New York, he got his own inside tip, a heads up on an upcoming acquisition, and he traded on the information and beat the market. He repeated similar stunts three times. “I’m, like, I would never get caught if I buy a small amount of stock,” he told me. “This is like dropping a penny in the Grand Canyon.” He went on, “You can say, ‘I’m highly ethical and would never do this.’ But once you’re in the environment, and you feel like everybody else is doing it, and you feel you’re not hurting anybody? It’s very easy to convince yourself.”
One morning in 2008, Hardin was walking out of the dry cleaner’s when two F.B.I. agents approached him. They sat him down in a Wendy’s nearby and told him that they knew about his illegal trades. He had a choice: go to jail or wear a wire. He chose the latter, and became one of the most productive informants in the history of securities fraud. The F.B.I. gave him a tiny recorder disguised as a cellphone battery, which he slipped into his shirt pocket, to gather evidence in more than twenty criminal cases brought under Operation Perfect Hedge. For a year and a half, his identity was disguised in court documents as Tipper X, fueling a mystery around what the Times called “the secret witness at the center of the biggest insider trading case in a generation.”
In December, 2009, Hardin pleaded guilty, and his identity was revealed in court filings. He had avoided prison but become a felon, which made features of a normal life all but impossible, from opening a brokerage account to coaching his daughters’ soccer team. He was unsure how he could earn a living. “I would ask my attorney, ‘Are there any past clients you can connect me with who’ve got to the other side of this and are back on their feet?’ He was, like, ‘Sorry, not really.’”
He heard of Grant’s group through a friend. “I had no idea something like this existed,” Hardin said. “Jeff was the first one who said, ‘Hey, here’s a group of people just in our situation. Come every Monday.’ ”In 2016,the F.B.I.called him again—this time, to invite him to brief a class of freshman federal agents. Hardin’s lecture at the F.B.I. led to more speeches—first for free, and eventually for a living. He was back on Wall Street, as a teller of cautionary tales. It was not quite motivational speaking; his niche, as he put it, dryly, was “overcoming self inflicted career decimation.”
In his dealings with his peers, Hardin has learned to distinguish who is genuinely remorseful from who is not. “I’ll hear from white collar felons who tell me, ‘I made a mistake,’” he told me. “I’ll say, ‘A mistake is something we do without intention. A bad decision was made intentionally.’ If you’re classifying your bad decisions as mistakes, you’re not accepting responsibility.”
In the era of rising discontent over injustice, some Americans accused of white collar crimes have sought to identify with the movement to curb incarceration and prosecutorial misconduct. So far, the spirit of redemption has not extended to the members of the White Collar Support Group, whose crimes re late to some of the very abuses of power that inspire demands for greater account ability. For the moment, they are caught between competing furies, so they rely, more than ever, on one another.“ A white collar advocate still doesn’t have a seat at the table of the larger criminal justice conversation, ”Grant told me.“ We exist because there’s no place else for us to go.”
The group members’ predicament rests on an unavoidable hypocrisy: after conducting themselves with little concern for the public, they find themselves appealing to the public for mercy. Baroni, the former Port Authority executive, told me, “I can’t go back. All I can do now is to take the experiences that I’ve had and try and help people.” His regrets extend beyond his scandal. He had been a New Jersey state senator, and, he said, “I voted to increase mandatory minimum sentencing. I never would have done that had I had the experience of being in prison.”
Baroni recently helped establish a nonprofit called the Prison Visitation Fund, which, if it can raise money, promises to pay travel expenses for family members who can’t afford to travel. His partner, and first funder, in the endeavor is a former lawyer named Gordon Caplan, who is one of fifty seven defendants in the college admissions scandal known as Operation Varsity Blues. Caplan was a co-chairman of the law firm Willkie Farr & Gallagher until 2019, when he was indicted for paying seventy-five thousand dollars for a test proctor to fix his daughter’s A.C.T. exam.“ To be honest,”Caplan said, on an F.B.I.recording at the time, “I’m not worried about the moral issue here.” He pleaded guilty and was sent to a federal prison camp in Loretto, Pennsylvania, a minimum security facility that houses low risk offenders with less than ten years left on their sentences.
Caplan was one of America’s most prominent lawyers, but he never paid much attention to complaints about the criminal justice system until he was in the maw of it. “What I saw is other people going through a system that’s built for failure, built for recidivism,” he told me recently. Caplan had presumed that incarcerated people had reasonable access to job training and reading materials. He was wrong. “The only courses that were offered were how to become a certified physical trainer and automotive repair.” Inmates could create their own classes, and Caplan taught a short course on basic business literacy. “I had fifteen to twenty guys every class,” he said. “ ‘Do I set up an L.L.C. versus a corporation?’ ‘Should I borrow money or should I get people to invest in equity?’” Since getting out, Caplan has been alarmed by the barriers that prevent even non-violent felons from rebuilding a life. “I have assets and I have family and I’ve got all that. But how does a guy who came out for dealing marijuana even start a painting business?”
Hearing Caplan, Grant, and others talk about their sudden understanding of America’s penal system put me in mind of the work of Bryan Stevenson, a leading civil rights lawyer and the founder of the Equal Justice Initiative, which advocates for criminal justice reform. He beseeches people to “get proximate”—to step outside the confines of their experience. Stevenson often quotes his grandmother, the daughter of enslaved people, who went on to raise nine children. “You can’t understand most of the important things from a distance, Bryan,” she told him. “You have to get close.”
But getting close is not the same as staying close. After serving twenty-eight days in prison, Caplan returned to Greenwich, where he lives in a seven million dollar Colonial, down the hill from the old Helmsley estate. For all his recent concern about the failings of criminal justice, I suspected that the country might have more to learn from him about his own failings. What, I asked, possessed him to pay someone to falsify his kid’s college admissions test results?
He was not eager to answer. “Achievement, I think, is like a drug,” he said, after a pause. “Once you achieve one thing, you need to achieve the next thing. And, when you’re surrounded by people that are doing that, it becomes self reinforcing. When you also have insecurities, which a lot of highly motivated people do, you’re more apt to do what is necessary to achieve. And it’s easy to step off the line.” Caplan convinced him self that paying to change his daughter’s test results was scarcely more objectionable than other forms of influence and leverage that get kids into school. “I saw what I believed to be a very corrupt system, and I’ve got to play along or I’ll be disadvantaged.”
Greed, of course, is older than the Ten Commandments. But Caplan’s experience illuminated the degree to which greed has been celebrated in America by the past two generations, engineered for lucrative new applications that, in efficiency and effect, are as different from their predecessors as an AR15 rifle is from a musket. If you have the means, you can hone every edge, from your life expectancy to the amount of taxes you pay and your child’s performance on the A.C.T.s. It’s not hard to insure that the winners keep winning, as long as you don’t get caught.
In the most candid moments on the Zoom call, people acknowledged the damage that their crimes had inflicted on their spouses and children. Seth Williams, a former district attorney of Philadelphia, pleaded guilty in 2017 to accepting gifts in exchange for favors, and served nearly three years in federal prison. Afterward, he struggled to find an apartment that would accept a felon. His first job was stocking shelves overnight at a big box store; eventually, after an online course, he became a wedding officiant for hire. He was not surprised that former colleagues avoided him, but watching the effects on his family left him in despair. “It affects all of us in how our children are treated at their schools, on the playground,” he said. “Some of our spouses, people want nothing to do with them.”
Not long ago, Grant regained his law license in the State of New York, based largely on his work as a minister and as an expert on preparing for prison life after. Nineteen years after being disbarred, he rented an office on West Forty third Street in Manhattan and started practicing again, as a private general counsel and a specialist in “white collar crisis management.” At seminary, he had studied migrant communities, and he came to see an analogy to people convicted of white collar crimes. “We have one foot in the old country, one foot in the new,” he told me. If they hoped to thrive again, they would have to depend on one another. “Greek Americans funded each other and opened diners. They lift each other up.” He went on, “The problem we have in the white collar community is that people who have been prosecuted for white collar crimes want to become so successful again that they are no longer associated with it. I’ve approached some of the household names, and to a one they’ve rejected it.” I asked him if he was referring to people like Michael Milken and Martha Stewart. Grant demurred. “My mission is to help people relieve their shame, not to shame someone into doing something.”
Grant will tell you that shame does not help in recovery. But America’s record in recent years suggests that, in the nation at large, too little shame attaches to white collar crime. If the country has begun to appreciate the structural reasons that many of its least advantaged people break the law, it has yet to reckon with the question of why many of its most advantaged do, too. Members of Grant’s group usually come to accept that they got themselves into trouble, but more than a few hope to follow Milken and Stewart back to the club they used to belong to—winners of the American game.
As the Zoom meeting wound down, Grant asked Andy Tezna, the former NASA executive on his way to prison, if there was anything else he wanted to say. “I had a lapse of judgment,” he began, then caught himself and confessed impatience with the language of confession. “I’m so tired of using that word, but, whatever it was that led me to make my mistake, it’s not going to define me for the rest of my life.” He thanked the members of the group for helping him get ready to embark on his “government mandated retreat.” He’d see them afterward, he said, “once I’m out, a little wiser, a little older, with a few more gray hairs.”
Please join us on Oct. 19, 2021, 12:45 pm, for Jeff’s plenary ethics presentation, “Pleasing Everybody Pleases Nobody,” at the 16th Annual Delaware Trust Conference, sponsored by The Delaware Bankers Association and The Delaware Financial Education Alliance.
Pleasing Everybody Pleases Nobody – We are often faced with pressure to bend the rules to make customers, clients and colleagues happy… sometimes to disastrous results.
Chase Center on the Riverfront, 815 Justison Street, Wilmington, Delaware 19801
Jeff Grant is on a mission. After a hiatus from practicing law, he is once again in private practice in New York 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. They include private general counsel, white collar crisis management to individuals and families, services to family-owned and closely-held businesses, plus support to special situation and pro bono clients.
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 also served as outside general counsel to large family-owned real estate equities and management and brokerage organizations. In this role, he retained, coordinated, and oversaw the work of many specialty law firms, including white collar defense firms.
After an addiction to prescription opioids and serving almost 14 months in Federal prison (2006 – 07) for a white collar crime he committed while an attorney, Jeff started his own reentry. He earned a Master of Divinity from Union Theological Seminary in the City of New York, majoring in Social Ethics. After graduating, Jeff was called to serve at an inner city church in Bridgeport, CT as Associate Minister and Director of Prison Ministries. He then co-founded Progressive Prison Ministries, Inc. (Greenwich, CT), the world’s first ministry devoted to serving the white collar justice community.
The author is a member of our White Collar Support Group that meets online on Monday evenings. He was sentenced to four years imprisonment for a white collar crime, but was released for six months pending his appeal. When he lost his appeal, he was ordered to surrender to the U.S. Marshals whereupon he was immediately put on “diesel therapy”. That is, he has been shuttled around from prison to prison on buses and planes for over six months, and still has not arrived at his designated facility.
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Just dropping a note to all and letting you know that I’m “In Transit” at a transfer station in XXXX. Been here a about two weeks and not sure when I’ll be moving on but I do know that I’ll be heading back to my last destination prior to my release pending the Appeal (which I obviously lost). It was nice to be back home for six months starting last July. Got a lot taken care of at home and actually starting some consulting work in my industry – good sign. I hope that door will still be open when I get out again.
What follows are from my notes I’ve put together while living in my “room” here in XXXX. Also, this “email” service is very primitive with almost no editing capability, unable to cut-and-paste, etc. so, many thoughts I’ve listed here may seem disjointed and non-sensicle (all, my excuse for sounding so illiterate as I sometimes do!). I’m also going to let everything hang out here. So, I hope what I’ve got to say doesn’t make anyone too uncomfortable. I don’t want sympathy, really, I don’t want that. I just want it to be known, these things we’ve endured. And then think of how much of this is really necessary and how much may be truelly damaging and unecessary. Just know that I’m ok and I have survived.
To bring some of you up to speed as to what’s happened since I left FCI XXXX at the end of June 2020:
My attorneys getting me released “Pending my sentencing appeal” which we had now been waiting almost two year to be heard. The first few months home I spent re-adjusting and looking for work. I started to play with Day and Swing Trading on line and got familiar with Ameritrades “Think-or-Swim” trading program and became pretty AmeriTrade’s with it, even made a few bucks. Then got a call from a friend who runs a plant in XXXX. He said they needed someone to help with the regulatory side of things and were hoping I would come on board as an independent consultant for this. This was more or less a full time consulting position, really a perfect setup for to get reconnected with the industry – good pay as well – a very fortunate opportunity. I explained that I was still waiting for my appeal to be heard and was expecting a favorable outcome. They understood and still accepted me onboard starting sometime in September. Things were going very well, even spotted incorrect filters installed which saved them from a potentially very embarrassing situation during an FDA audit. Overall I proved a good asset for them. Then I learned we lost the appeal early in December and I’d be heading back to prison to finish my sentence, devastating.
Just prior to getting this devastating verdict, I had offered our local high school another “Astronomy Night” with my telescope for the science students to observe the upcoming conjunction of Saturn and Mars with the Moon, a rar event perfectly positioned for viewing this December night. All the students were come to our home where we were setup for this viewing. That Day we received the verdict of the lost appeal so needless to say i was devastated and barely able to function, certainly feeling unable to host these students. I felt terrible about this but fortunately the wind picked up at the last minute which made it just too difficult to setup the telescope. I sadly canceled the viewing at the last minute but saw no other choice, especially because of the way I was feeling. My loss, everyone’s loss-
Also around this time I found out that I somehow contracted latent TB, care of my fist stay at XXX. Who gets TB?! What a thing to have to deal with now! Fortunately, TB is now curable so I got on a heavy dose of special meds that I had to take daily for four months – done!
To add to things, another difficult issue that came up at this time was a son suddenly dealling with an acute mental crisis which required all our resources to deal with. It is spiritually difficult and sad issue for any family and the timing for us couldn’t have be worse except for the fact that I was fortunate to be at home to deal with it, barely. We got him the treatment he needed and is fortunately doing very well at this time.
To say the end of the year was a difficult time would be an understatement. The weight on my shoulders was overwhelming and desperate. The most fortunate thing out of so much of that period was the very positive re-introduction to my industry thought the consulting work and the fortunate successful resolution to a family healh crises. For this I feel ever so grateful to have had that brief home interlude.
Then came my time to “re-enter”…
Diesel Therapy:
It’s been a hell of a ride since I came back in the system, starting out first in XXXX in XXXX for a few weeks (nightmare) and then transferring to a private prison for another six months (also horrible). Being caught in the system during COVID has generated this increased movement of inmates called “Diesel Therapy”. This Diesel Therapy is comprised of terrible repetitive cycle between institutions (most often of inmates between facilities other than Bureau of Prisons all in the view of segregating people and or quarantining them between locations. Often inmates are moved from one private prison to another and then back to that same private prison again. It’s really an endless cycle in dealing with the ever increasing federal population. Most of this move, again is between these private institutions because the BOP had shut their doors due to COVID in an effort to stop any further out-breaks in them. By the way, I had watched an inmate, near the beginning while I was in XXXX late one night, fall-out (drop to his knees gasping for breath and being attended to by CO’s and then found that he had died the next day (young guy too!). It was terrifying, it was real! (sorry, I know, I need to start using new expletives). This movement is done every time someone or group is moved or if someone in your group is suspected of having COVID.
Added together I’ve probably quarantined, or rather been in “solitary confinement” locked in a cell either alone or with another, a total of 2-3 months now. If I hadn’t won that ‘release bending appeal” I would never had been subjecting to all the “diesel therapy” I’ve experienced, I would have simply remained at XXXX, still worth the postponement of time served and diesel therapy/quarantine).
After leaving the private prison in XXXX I was flown to a USP in XXXX. and held in this castle-like prison (everything but the mote, beautiful to see, horrible to stay in (look it up). I spent two weeks there in an upper dungeon-like section on the third floor with no AC, sticking, sweating with my bunky with only out for a shower every other day during the week only (screw you if your day is a Thursday – don’t wash again till Monday), Man. Fortunately a good bunky, that time. Much demoralizing things…. Main passage-ways are wide, Spanish glaze tiled floors and walls with beautiful detailed archliberal arches with fine detail/gargoyles… Great for a Halloween Haunted House, not much else.
Bus transport outside these private prisons, or really between any institution in the federal system, usually is comprised of getting on a large Greyhound type bus and taken to an airport for travel on what is called “Con-Air” (similar to the movie Con-Air). All of it a practice in ultimate humility. All inmates moving are fully Chain-and-Shackled, wrist and ankles and then a chain around the waist attached to the wrist-cuffs so no nose-picking or scratching your ass (don’t even think about having to shit). You are treated as the convict you are, thoroughly beneath your captors who are the US Marshals – US Ground Marshals and US Air Marshals (for the plane). These are very large men who look amped up on steroids, very scary looking, all looking like they’re waiting for the IRA or Colombian Cartel to come out from the nearest hedge grove or us inmates to somehow through off our shackles and charge. These guys stand around the buses as they pull up on the tarmac or up to the plane. This is where we are all filed out in front of the plane, Body checked again and eventually shuttled about. All so intimidating, all so seemingly overboard. I’ll never book that flight again, nor recommend it!
Interlude:
Something else I need to share. An episode that took place shortly after we left XXXX on our way to XXXX airport. We stopped at this large service station for diesel designed for large rig vehicles. As we sat their waiting for our bus to be fueled, looking our windows…
SPIDERS!!!
Large, bulbous spiders out there, hundreds of them at every pump! All moving, between, above, around. I don’t know if it was the heat or the moisture but they were all Moving around their webs, dropping down from the nest’s in the canopy above, arcing, catching an invisible thread, but moving. I’ve never seen anything like it! And from the look and sounds of my fellow shacklties, either had they. We were all staining and turning ourselves (as best we could) to watch this herd of beasts outside our windows. The only thing that could be worse is if somehow some of them got in! Could you imagine?! I could just see it, this large two inch spider crawling around my shoulder and me shackled, unable to do a thing but squirm and watch. I also couldn’t imagine being out there trying to fill my tank! NO WAY! It was really terrifying. I mean, I love to watch these creatures in a contained jar but these were all OUT there, huge and massing. I can almost hear them breathing! I mean – if that were my station I would, or rather would have paid someone to power wash and fumigate the place! So I’m watching this one right outside my window that appears to float slowing down some invisible thread then catch some other mysterious fiber, and then somehow attaching to our bus, then slowly crawl to the cleft of my window and hunkered down, bracing against the wind as we finally took off and he (because I’m sure it was a he) stayed. Not comfortable with that.
Ok, so I’ve now been HERE two weeks – quarantined – isolated – in lock-down except that hour a day for calls and these emails.
No commissary, not cards, nothing but a few books to choose from… I was told on Thursday that my transport to XXX should be leaving the middle of next week, then the next day (Friday) I was told that XXXX is not even on the list for next week. So, maybe the following week?!
Sleep:
Sleep and dreams aren’t a concern, it’s awakening that terrifies me. As I sleep, when I can which is not often and few between, my dreams are my escape (truly!). They’re usually of great meaning or at least seem to be, of comfortable recognitions and sweet reunions. People I’ve hoped to see, connections re-established – so much meaning. And then the fog of my sleep begins to lift and reality, which seams less real than the dreams begin to filter in, first, disorienting but then the reality of it begins to appear and leaves me desperately trying to crawl back to the sands of sleep, desperately trying to hold off the approaching reality of my present state. That peaceful wakefulness that quickly crashes to reality and confusion of present state. Oh, how did I ever get so far from home?
Looks like I’m out of “character” usage – I’ve written myself out!
We meet every Monday, and the topics vary; however, a few issues rise above the rest.
One of those issues is Judgments, particularly as it relates to our family and friends trying to reconcile our choices and actions.
This article was written with the group in mind, however it’s lessons apply to everyone.
The author Cheri Huber stated the following in her wonderful book, “There Is Nothing Wrong With You,”
“When you judge someone else it’s simply self-hate projected outward.”
When I look at my own judgments of others, she’s right.
However, there is another component of negative judgments I’d like to add to this and explore.
I believe we judge people/circumstances/situations negatively when we don’t understand them. When the person/circumstance/situation doesn’t fit into one of the many boxes we have in our minds.
We, as humans, love to put things in boxes. We love to label things.
We do this because if something doesn’t fit into a box, then it’s unknown. And anything unknown, according to the oldest parts of our brains, is scary.
Anything scary is a direct threat to our survival, and our brain’s primary function is to keep us alive.
So we have to label it, and because it’s scary, it’s inherently “bad.”
Hence, negative judgments.
Now, all of a sudden, this scary, bad, unknown thing has a label, it’s no longer unknown, and we’ve taken a step towards keeping ourselves alive.
We have the illusion of control.
Why do I say illusion? Because we don’t really have control over anything, only our response to any given situation.
We, as members of the white-collar justice impacted community, are in the minority.
I read this online; please fact check me if I’m wrong,
“White-collar crime makes up just over 3% of overall federal prosecutions yearly.”
Three percent is not a lot. It’s barely a blip on the radar. And this is important because it ties to what I’ve been discussing.
To our family and friends, what we’ve done, and what we are currently experiencing or have experienced is unknown.
It’s scary.
I think we’d all like to believe we have the capacity for compassion, and for the most part, we do.
However, compassion becomes a challenge when we face something we don’t understand, and we feel fear (even if it’s fear for the person we love).
Fear clouds our thinking.
It becomes easier to seek control in the form of negative judgments so we can feel better about a situation.
Now, obviously, I can’t speak for every person on the planet, but I know I’m guilty of this.
And I bet if you’re honest with yourself about negative judgments you’ve made in the past, you’ll find you’ve done it as well.
Equipped with this awareness, we can change our perceptions of those who judge us negatively.
We can see that they are either:
Experiencing an inner turmoil that’s eating them up inside, and they need to project that self-hate elsewhere.
Or
They’re afraid.
Even equipped with this perspective, it will most likely sting when someone judges us; we’re human beings having a human experience, after all.
But, if we’re able to bring awareness into the situation and understand where their negative judgments are coming from, we can do something that sounds counterintuitive to every reaction we want to have:
We can feel compassion and empathy for them. Because they either hate something about themselves or they’re scared.
This may sound ludicrous,
“Someone calls me a “fraudster,” a “crook,” a “liar” and I’m going to feel empathy towards them?”
I’d argue yes, and here’s why:
Viktor Frankl said it best,
“Everything can be taken from a man but one thing: the last of the human freedoms — to choose one’s attitude in any given set of circumstances, to choose one’s own way.”
Here is something essential to note:
We have the right to be angry at negative judgments; we have the right to be hurt.
As long as we are choosing these responses and not reacting with these responses. And, when the moment passes, we make a critical choice:
Will we choose to stay angry and hurt? Or will we choose compassion and empathy?
When we choose compassion and empathy, we seize something that may seem foreign for many of us:
Agency
The moment we have agency in our lives, we change the narrative, we open a new chapter.
When we live with agency, we give ourselves one of the greatest gifts we can wish for in our situation:
The ability to reinvent our lives into whatever we are meant to do.
“Ugly confessions from beautiful people… It’s like a car wash for our shame and secrets.”– Nadia Bolz-Weber
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Huge thanks to Nadia Bolz-Weber for having me on her podcast, The Confessional. The original podcast dropped on May 5, 2021, link to article and podcasthere. On July 22, 2021, Nadia posted never-before-heard bonus content, see below – Jeff
Link to the podcast bonus content on The Confessional with Nadia Bolz-Weber on Substackhere.
Show Notes:
Co-Founder of Progressive Prison Ministries
“I was dressed up looking the part, but deep inside, I was just vacant. I just was not someone I was proud of anymore.” – Jeff Grant
“God, please help me not be an asshole, is about as common a prayer as I pray in my life.”— Nadia Bolz-Weber
She writes and speaks about personal failings, recovery, grace, faith, and really whatever the hell else she wants to. She always sits in the corner with the other weirdoes.