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.
Jeff Grant and Bob Kosch are members of our White Collar Support Group that meets online on Zoom on Monday evenings.
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Greater Good Media, LLC, parent company for “Greater Good Radio with Bob Kosch” is advancing a unique, but controversial economic plan called “RESET” which could save U.S. citizens from the worst recession in over eight decades. The plan also advances a logical position for what we can do to combat hate in order to prevent violence and torment against other groups.
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.
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.
Bill Baroni and Bob Kosch are members of our White Collar Support Group that meets online on Zoom on Monday evenings.
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Greater Good Media, LLC, parent company for “Greater Good Radio with Bob Kosch” is advancing a unique, but controversial economic plan called “RESET” which could save U.S. citizens from the worst recession in over eight decades. The plan also advances a logical position for what we can do to combat hate in order to prevent violence and torment against other groups.
Link to the show on iHeartRadio:
Listen on YouTube:
Show Notes:
Bill Baroni
William E. Baroni Jr. is an American Republican Party politician and law professor. He represented the 14th legislative district in the New Jersey Senate and General Assembly. In 2010, he was named by New Jersey Governor Chris Christie to serve as the Deputy Executive Director of the Port Authority of New York and New Jersey.
He resigned from his position at the Port Authority on December 12, 2013, during the inquiry into the Fort Lee lane closure controversy. Baroni was convicted on seven counts of conspiracy and wire fraud in relation to his involvement in the closure and sentenced to two years of imprisonment and 500 hours of community service, later reduced to 18 months. On May 7, 2020, the U.S. Supreme Court unanimously reversed the conviction in Kelly v. United States.
Reinvention doesn’t happen overnight. But if you want to learn where to start, meet Craig Stanland and Jeff Grant, powerhouses of new beginnings:
📖 Craig Stanland served 2 years in prison, and upon release, was 100% dedicated to transforming himself (and helping others do the same) – now a coach and bestselling author, he specializes in working with people whose lives have fallen apart, helping them reinvent themselves.
⚖️ After serving 14 months in prison, Rev. Jeff Grant became the co-founder of Progressive Prison Ministries, Inc., as well as a private general counsel serving families, the white collar justice community, pro bono clients and more. He’s helped hundreds of men and women find new beginnings post-incarceration.
Raw, real and uncut – join us on Tha Yard this week for another episode of epic conversations, untold stories and good times. Join us: Thursday, 6/17 5pm PST/8pm EST
Congratulations to Journalist and Fellow Traveler Chandra Bozelko on winning this prestigious award. Chandra is a member of our online White Collar Support Group that meets on Zoom on Monday evenings.
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“In online column writing, the winner is Chandra Bozelko of Gannett/ MoreContentNow for The Outlaw: Insider Takes on Criminal Justice, which, according to the judges: contained masterful writing on compelling, eye-opening subjects. She knows how to grab the reader, and how tell the stories as only she can do…”
Michael Neubig is a member of our online White Collar Support Group that meets on Zoom on Monday evenings. I read this important post on his LinkedIn page, and thought he truly captured the spirit of of our group and movement. I reached out to him and in our conversation he said that when he first attended our support group meeting, he “finally felt normal again”. I understand. Thank you Mike for your poignant words and permission to republish your piece. – Jeff
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I am a part of the population of Justice Impacted White Collar individuals. For the last five years I have attempted to overcome poor decisions that broke the trust of and hurt many people close to me. These decisions led to me being fired from my own start up as CEO and an eventual felony conviction. Events like this take one to rock bottom, require self-reflection and personal change that involves a significant amount of work. The goal of personal change is not only to make recompense to those affected by our actions, but also to become a productive member of society. I desire to engage in meaningful work where I can apply positive skills and experience with what is learned from personal growth. Even if that means starting at the bottom of the organization.
Unfortunately, my experience has demonstrated employment as a White-Collar Justice Impacted individual is very difficult to achieve. I have engaged in hundreds of interviews, had offers rescinded, been fired after starting the position and experienced a lot of negative response and silence when revealing my past.
I have found my employment experience to be common for many of the others I have met who attend Jeff Grant’sWhite Collar Support Groupon Monday evenings. Even though we are tremendously remorseful, have been punished for our actions, and have rebuilt our lives in every other way, there is virtually nowhere for us to go professionally.
I would summarize the feedback I/we receive with a general response of, “our other employees don’t trust people like you”, “you were the most deserving candidate, but not after finding this out”, “I am sure someone else will be willing to provide you a 2nd chance, but not us”. The responses are almost always followed by a canned email denial without a specific reason.
There is meaningful work occurring in the U.S. focused on 2nd chance employment. Many are start-ups engaged in connecting those with convictions to employers willing to provide 2nd chance hiring.Honest Jobs, 70 Million Jobsand more. BUT, my experience is that there is a tremendous lack of focus and resources matching the White Collar Justice Impacted to professional jobs where our background, skills and passions can be best used.
Those that committed White Collar Crimes did so for many of the identical reasons as other criminal behavior. Including childhood trauma, physical and emotional neglect/abuse, low self-esteem, high levels of shame, poor communication skills, poor decisions under pressure and more. Therefore, these individuals deserve the same assistance for 2nd chance employment.
I am writing this post in hopes that those likeChan Zuckerberg Initiative, Uptrust, Nucleos, Inc, The Change Companies, Checkr, Inc., FUSE Corpswho are working on reducing incarceration and furthering equality and 2nd chance hiring initiatives, can pull together and provide resources/assistance to the Justice Impacted White Collar Community. – Mike Neubig