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White Collar Week with Jeff Grant, Podcast Ep. 23, The Vanishing Trial, Robert Katzberg

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White Collar Week with Jeff Grant

It’s the Isolation that Destroys Us. The Solution is in Community.

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Podcast Ep. 23, Guest: The Vanishing Trial, with Robert Katzberg

Today on the podcast we have Bob Katzberg, a dean of the White Collar Bar who has seen it all as both a federal prosecutor in the EDNY and as a criminal defense trial lawyer.

I was so taken with Bob’s book, The Vanishing Trial, that I sent it to every single one of our White Collar Support Group members currently serving in prison. In it, Bob explains how and why the Federal criminal justice system went from 10% of all cases being tried before juries to less than 2% of all cases now being tried before juries. And how the cards are now stacked against defendants, forcing them into plea bargains.

If you, a friend, family member, colleague or client are being prosecuted for a white collar crime, or any crime, this episode is a must-watch or listen-to.

So, coming up. Bob Katzberg. The Vanishing Trial. On White Collar Week. I hope you will join us. – Jeff

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If you have a friend, family member, colleague or client with a white collar justice issue, please forward this post; they can reach us anytime – day or night! Our contact info: http://prisonist.org/contact-us.

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Guests on this Episode:

Robert Katzberg

Robert Katzberg, a cum laude graduate of George Washington University Law School and a member of its Law Review, began his career as a law clerk to the Honorable Oliver Gasch on the United States District Court for the District of Columbia. He then served as an Assistant United States Attorney for the Eastern District of New York, where his prosecution of political corruption and financial crimes earned him the coveted Attorney General’s Special Achievement Award. For the next four decades, as a partner in Kaplan & Katzberg, a white collar criminal law boutique, he defended clients in high-profile cases in New York City and throughout the country. A Southern District of New York federal prosecutor described him as “the best cross-examiner” he had ever seen, and as a “formidable adversary” who “commands the courtroom.” Mr. Katzberg is now consulting counsel to Holland & Knight, an international law firm. He and his wife, Leslie, now live in Southern California.

Contact Information:

Purchase The Vanishing Trial on Amazon, link here.

robert.katzberg@gmail.com

https://www.hklaw.com/en/professionals/k/katzberg-robert

Also, Forbes: Walt Pavlo’s review of Bob’s book, The Vanishing Trial. Link here.

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You can find all episodes of our podcast “White Collar Week with Jeff Grant” on our website prisonist.org, our Facebook page, Podbean, YouTube (video), SoundCloud, Apple Podcasts, Spotify, LinkedIn, Instagram and Twitter.

Information About our White Collar Support Group…

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Info on SBA PPP & EIDL Loan Fraud:

Entrepreneur’s #4 Most Viewed Article of 2020: I Went to Prison for SBA Loan Fraud – 7 Things to Know When Taking COVID-19 Relief Money: by Jeff Grant, J.D., M.Div.. Link to article here.

The Philadelphia Inquirer: Steal Money from the Feds? First, Meet Jeff Grant, an Ex-Con who Committed Loan Fraud, by Erin Arvedlund: Link to article here.

Hannah Smolinski YouTube: Thinking About PPP Fraud?: Hannah Interviews Jeff Grant About Going to Prison for SBA Loan Fraud. Link to article and YouTube video here.

CFO Dive: After Serving Time, Fraudster Cautions Against PPP, Other Emergency Loans, by Robert Freedman. Link to article here.

Fraud Stories Podcast with Mark Lurie: SBA/PPP Loan Fraud with Guest: Jeff Grant. Link to podcast here.

Forbes: As Law Enforcement Pursues SBA Loan Fraud, Jeff Grant Talks Redemption, by Kelly Phillips Erb. Link to article here.

Taxgirl Podcast: Jeff Grant talks Desperation and Loans in a Time of Crisis with Kelly Phillips Erb on Her Podcast. Link to article and podcast here.

Business Talk with Jim Campbell: Jeff Grant Talks with Jim About Going to Prison for SBA Loan Fraud and What to Know When Taking Coronavirus Relief Money, Biz Talk Radio Network, Broadcast from 1490 AM WGCH Greenwich, CT. Listen on YouTube here.

Babz Rawls Ivy Show: Babz Rawls Ivy & Jeff Grant Talk SBA / PPP Loan Fraud and 7 Things to Know Before You Take Coronavirus Relief Money, WNHH 103.5 FM New Haven. Watch on YouTube here.

White Collar Week with Jeff Grant, Podcast Ep. 21: All Things SBA, PPP & EIDL, with Guest: Hannah Smolinski, CPA, Virtual CFO: Link here.

White Collar Week with Jeff Grant, Podcast Episode 09: Small Business Edition, with Guest Kelly Phillips Erb. Link here.

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Louis Reed/Babz Rawls Ivy PSA:

Some very kind words from my dear friends Louis L. Reed and Babz Rawls Ivy in this brief PSA. Thank you Louis and Babz! – Jeff

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All Episodes:

Link here to Podcast Ep. 22: The Goddess, with Guest: Babz Rawls Ivy

Link here to Podcast Ep. 21: All Things SBA, PPP & EIDL, with Guest: Hannah Smolinski, CPA, Virtual CFO

Link here to Podcast Ep. 20: Reinventing Yourself After Prison, with Guests: Glenn E. Martin & Richard Bronson

Link here to Podcast Ep. 19: Insider Trading Charges Dismissed, with Guest: Richard Lee

Link here to Podcast Ep. 18: Is Your Life a Movie? The Producers, with Guests: Lydia B. Smith, Bethany Jones & Will Nix

Link here to Podcast Ep. 17: #TruthHeals, Systemic Abuse & Institutional Reform with Guest: Vanessa Osage, feat. Guest Co-Host Chloe Coppola

Link here to Podcast Ep. 16: Politicians, Prison & Penitence, with Guest: Bridgeport, CT Mayor Joseph Ganim

Link here to Podcast Ep. 15: A Brave Talk About Suicide, with Guests Bob Flanagan, Elizabeth Kelley, & Meredith Atwood

Link here to Podcast Ep. 14: Recovery & Neighborhood, with Guest: TNP’s Tom Scott

Link here to Podcast Ep. 13: Everything but Bridgegate, with Guest: Bill Baroni

Link here to Podcast Ep. 12: The Truth Tellers, with Guests: Holli Coulman & Larry Levine

Link here to Podcast Ep. 11: Blank Canvas, with Guest: Craig Stanland

Link here to Podcast Ep. 10: The Ministers, with Guests: Father Joe Ciccone & Father Rix Thorsell

Link here to Podcast Ep. 09: Small Business Edition, with Guest: Taxgirl Kelly Phillips Erb

Link here to Podcast Ep. 08: The Academics, with Guests: Cathryn Lavery, Jessica Henry, Jay Kennedy & Erin Harbinson

Link here to Podcast Ep. 07: White Collar Wives. with Guests: Lynn Springer, Cassie Monaco & Julie Bennett. Special Guest: Skylar Cluett

Link here to Podcast Ep. 06: Madoff Talks, with Guest: Jim Campbell

Link here to Podcast Ep. 05: Trauma and Healing when Mom goes to Prison, with Guests: Jacqueline Polverari and Her Daughters, Alexa & Maria

Link here to Podcast Ep. 04: One-on-One with Tipper X, with Guest: Tom Hardin

Link here to Podcast Ep. 03: Compassionate Lawyering, with Guests: Chris Poulos, Corey Brinson, Bob Herbst & George Hritz

Link here to Podcast Ep. 02: Substance Abuse & Recovery During COVID-19, with Guests: Trevor Shevin & Joshua Cagney

Link here to Podcast Ep. 01: An Evening with Our White Collar Support Group, with Guests: 16 Members of Our White Collar Support Group

Link here to Podcast Ep. 00: White Collar Week with Jeff Grant: What is White Collar Week?

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Jeff Grant

What is the White Collar Justice Community?

Welcome to White Collar Week with Jeff Grant, a podcast serving the white collar justice community. It’s the isolation that destroys us. The solution is in community.

If you are interested in this podcast, then you are probably already a member of the white collar justice community – even if you don’t quite know it yet.  Our community is certainly made up of people being prosecuted, or who have already been prosecuted, for white collar crimes. But it is also made up of the spouses, children and families of those prosecuted for white collar crimes – these are the first victims of white collar crime. And the community also consists of the other victims, both direct and indirect, and those in the wider white collar ecosystem like friends, colleagues, prosecutors, defense attorneys, judges, law enforcement, academics, researchers. Investigators, mitigation experts, corrections officers, parole & probation officers, reentry professionals, mental health care professionals, drug and alcohol counselors – and ministers, chaplains and advocates for criminal and social justice reform. The list goes on and on…

Our mission is to introduce you to other members of the white collar justice community, to hear their very personal stories, and hopefully gain a broader perspective of what this is really all about. Maybe this will inspire some deeper thoughts and introspection? Maybe it will inspire some empathy and compassion for people you might otherwise resent or dismiss? And maybe it will help lift us all out of our own isolation and into community, so we can learn to live again in the sunshine of the spirit.

Along the way, I’ll share with you some of the things I’ve learned in my own journey from successful lawyer, to prescription opioid addict, white collar crime, suicide attempt, disbarment, destruction of my marriage, and the almost 14 months I served in a Federal prison. And also my recovery, love story I share with my wife Lynn Springer, after prison earning a Master of Divinity from Union Theological Seminary in NYC, pastoring in an inner city church in Bridgeport CT, and then co-founding with Lynn in Greenwich CT, Progressive Prison Ministries, the world’s first ministry serving the white collar justice community. It’s been quite a ride, but I firmly believe that the best is yet to come.

So I invite you to come along with me as we experience something new, and bold, and different – a podcast that serves the entire white collar justice community. I hope you will join me.

Blessings, לשלום

Jeff

Rev. Jeff Grant, J.D., M.Div. (he, him, his) 
Co-founder, Progressive Prison Ministries, Inc., Greenwich CT & Nationwide
Co-host, The Criminal Justice Insider Podcast
Host, White Collar Week
Mailing: P.O. Box 1, Woodbury, CT 06798
Website: prisonist.org
Email: jgrant@prisonist.org
Office: 203-405-6249
Donations (501c3): http://bit.ly/donate35T9kMZ
Psychology Today: https://www.psychologytoday.com/us/therapists/jeff-grant-woodbury-ct/731344
LinkedIn: https://www.linkedin.com/in/revjeffgrant
not a prison coach, not a prison consultant

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Thank you for listening to White Collar Week.

Please subscribe, rate and review the podcast if you loved it – it helps others suffering in silence find us if they need us!

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Follow White Collar Week on Social:

Web: https://prisonist.org/white-collar-week

Facebook: https://facebook.com/whitecollarweek

Twitter: https://twitter.com/whitecollarweek

Instagram: https://instagram.com/whitecollarweek

LinkedIn: https://linkedin/whitecollarweek

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Follow Jeff Grant on Social:

Web: https://prisonist.org

Facebook: https://Facebook.com/revjeffgrant

Twitter: https://twitter.com/revjeffgrant

Instagram: https://instagram.com/revjeffgrant

LinkedIn: https://linkedin/revjeffgrant

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Want to be a guest on the Show? Have a connection you’d like to make?

Email us! info@prisonist.org

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Credits:

Host: Jeff Grant, J.D., M.Div.

Production: Chloe Coppola

Audio Engineering: George Antonios: https://georgeantonios.com

Video Engineering: Todd Nixon

Art Direction: Greyskye Marketing, LLC: https://greyskye.com

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It’s the Isolation that Destroys Us. The Solution is in Community.

Progressive Prison Ministries, Inc. is the world’s first ministry supporting the white collar justice community. Founded by husband and wife, Jeff Grant and Lynn Springer in Greenwich CT in 2012, we incorporated as a nonprofit in Connecticut in 2014, and received 501(c)(3) status in 2015.  Jeff has over three decades of experience in crisis management, business, law (former), reentry, recovery (clean & sober 17+ years), and executive and religious leadership. As Jeff was incarcerated for a white-collar crime he committed in 2001, he and Lynn have a first-hand perspective on the trials and tribulations that white-collar families have to endure as they navigate the criminal justice system and life beyond.

Progressive Prison Ministries, Inc. is nonsectarian, serving those of all faiths, or no faith whatsoever. To date we have helped over three hundred fifty (350) individuals, and their families, to accept responsibility for their actions and to acknowledge the pain they have caused to others.  In accordance with our commitment to restorative justice, we counsel our members to make amends as a first step in changing their lives and moving towards a new spiritual way of living centered on hope, care, compassion, tolerance, empathy and service to others. Our team has grown to over ten people, most with advanced degrees, all of whom are currently volunteering their time and resources.

Progressive Prison Ministries’ goal is to provide spiritual solutions and emotional support to those who are feeling alone, isolated, and hopeless. We have found that these individuals are suffering from a void but are stuck, and don’t know what to do about it. Our objective is to help them find a path to a healthy, spirit-filled place on the other side of what may seem like insurmountable problems. Many of those we counsel are in a place where their previous lives have come to an end due to their transgressions. In many cases their legal problems have led to divorce, estrangement from their children, families, friends and support communities, and loss of a career. The toll this takes on individuals and families is emotionally devastating. White-collar crimes are often precipitated by other issues in the offenders’ lives such as alcohol or drug abuse, and/or a physical or mental illness that lead to financial issues that overwhelms their ability to be present for themselves and their families and cause poor decision making. We recognize that life often presents us with such circumstances, sometimes which lead us to make mistakes in violation of the law.

All conversations and communications between our ordained ministry, and licensed clinical relationships, and those we serve fall under state privilege laws. This is one reason that attorneys often allow and encourage their clients to maintain relationships with us while in active prosecution or litigation situations.

If you, a friend, family member, colleague or client are suffering from a white collar criminal justice issue or are experiencing some other traumatic or life-altering event, and would like to find a path to a healthy, spirit-filled place on the other side of what seems like insurmountable problems, please contact us to schedule an initial call or appointment.

Copyright 2021, All Rights Reserved, Progressive Prison Ministries, Inc.

 

Forbes: Jacqueline Polverari: After Prison, Woman Dedicates Life To Helping Women Recover From Incarceration, by Walt Pavlo

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Jacqueline Polverari is a Team Member of our Ministry, Member of our weekly online White Collar/Economy Exiled Support Group, a past prisonist.org guest blogger, and a past Criminal Justice Insider guest. Jacquie’s organization, Evolution Reentry Services, helps returning women and their families rebuild their lives. Oct. 5th – 7th, she will be hosting a retreat in for returning women. Oct. 30th, Jacquie and I will be speaking at Western Connecticut State University. – Jeff

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Reprinted from Forbes.com, Sept. 21, 2019.

According to my friends over at The Sentencing Project, “Between 1980 and 2017, the number of incarcerated women increased by more than 750%, rising from a total of 26,378 in 1980 to 225,060 in 2017.”  More than 60% of women in state prison have a child under the age of 18.  While there are challenges that differ for women while they are incarcerated, there are also different challenges when they get home.  One of them was Jacqueline Polverari and now she’s seeking to make that transition home easier.

Polverari, MSW a Connecticut Social Worker has been working with women who have experienced incarceration, particularly white-collar crime for the past four years.  She spent seven months in the Danbury (Connecticut) Federal Prison for Women for charges related to a mortgage fraud case from 2015.  Her experience in prison and her transition back home led her to researching women who commit white-collar crime and correlations to underlying mental health issues.

After working with several different criminal justice organizations, she founded Evolution Reentry Services out of Branford, CT.  In an interview, I asked Polverari what her goals for Evolution were, “To help women returning from prison put their broken lives back together.”  Polverari said many of these women were once pillars of their communities, bread winners of the family, who are dealing with isolation, embarrassment and shame when they return home.  At the same time, they are trying to keep their families together.

The women she has seen over the past several years displayed very similar characteristics of “low self-esteem, lack of self-confidence, being the caretaker or “fixer” with the inability to say ‘no’.”  Realizing that there were few resources for women returning from prison, she started helping as many people as she could.

“People have little empathy or sympathy for this group of women,” Polverari said, “typically seeing them as privileged women who were greedy or taking advantage of others but in reality, that is rarely the case.  One can see that with the ‘Varsity Blues’ cases that involve Felicity Huffman and Lori Loughlin. Women are currently being incarcerated at a higher than ever before, yet there is little statistical information and resources dedicated to guiding these women to a productive life beyond prison.

Polverari decided that there needed to be more focus on these women in order to help change the stigma related to their crime and why they committed those crimes in the first place.   Jacqueline has been speaking all over the country creating some noise as to the lack of resources available for this group.  “These are women who are very educated, had been in positions of upper management and made some poor choices within the workplace,” Polverari said.  “In fact, I have found that their actions that led to criminal acts initiated as a result of trying to fix a problem, which created a new problem, and so on.”  Now, even though they served their time for the mistake, they are labeled a felon for life.

Of the 120+ federal prison camps, only 27 are for women, usually creating situations where they are far from home (financial burden of family travel and fewer visits).  In Danbury, Polverari said there were about 157 inmates but she rarely saw more than two guards at the prison.  “For the most part, women live a life of isolation in prison that carries over when they are home,” Polverari said.  Like many male white collar offenders who go to prison, they are allowed to self-surrender.  There were no locks or bars and most women have never even been handcuffed.  However, the real issues are when they come home where they have lost their husbands, homes, and respect from their communities.

One powerful therapy for these women, according to Polverari, is to talk with other women who have gone through it.  But there is a problem, conditions of supervised release post prison prohibit speaking with another felon whether that other person is on supervised release or not.  “It poses a problem because how can these women find someone who can relate to their situation?” Polverari said.  She’s trying to change this.

Polverari and her group at Evolution are hosting a mental health retreat where women who have been convicted of a non-violent crime can gather under the guidance of a social worker.   The retreat is available to all women regardless of ability to pay.  It is the weekend of October 4-6th for a day of bonding, communicating about employment opportunities, housing solutions, finances and gratitude.  It is a mental health retreat to help women understand that one poor choice does not define the rest of their lives, even with a felony that follows them their entire lives.

At a time when our society has focused on issues regarding mental health, it is good to see that there is help for this group of unique individuals who in the past have led a life of isolation.

 

 

Walter Pavlo

I established 500 Pearl Street as a strategic consulting firm for attorneys and their clients as an advisor on federal criminal cases. I write here on criminal justice matters, particularly related to white collar crime, and speak nationally on the topic. In 2007, I released the book “Stolen Without A Gun” with Neil Weinberg, former Executive Editor Forbes Magazine (now a Reporter for Bloomberg). Follow me on Twitter or LinkedIn. Check out my website or some of my other work here.

Forbes: White-Collar Defendants Have A Place To Go For Support, by Walt Pavlo. Progressive Prison Ministries Celebrates its 150th Online White Collar Support Group Meeting.

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By Walt Pavlo, Reprinted from Forbes.com, April 16, 2019

White collar defendants (felons) face a number of obstacles. Many face their past demons and attempt to make amends with victims, family and friends. It is a difficult road and one where there are few supporters. It is a lonely journey discovering how to make people trust again, how to find purpose and how to find forgiveness.

Jeff Grant is celebrating a milestone for providing a support group for white collar defendants … its 150th support group meeting.  His life was changed by prison.  After an addiction to prescription opioids and serving almost fourteen months in Federal prison for a white-collar crime years, Grant, by then a disbarred attorney, chose a new path.  He earned Master of Divinity from Union Theological Seminary in the City of New York, with a focus in Christian Social Ethics and has since co-founded Progressive Prison Ministries.  

Progressive Prison Ministries in Greenwich, Connecticut offer an online white-collar/nonviolent support group.  They hold their meetings on Monday evenings, 7:00pm to 8:15 pm Eastern and white collar defendants talk about life, forgiveness, coping with the consequences and moving beyond the experience.  The program is unique because it proclaims to be the first confidential white-collar/ nonviolent online support group of its kind. As this support group is run by ordained clergy, Grant said that he expects law enforcement will honor what he believes falls under clergy privilege laws.  Such privileges vary by state. Florida’s 2018 statute 90.505 “Privilege with respect to communications to clergy” states that:

A person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritual adviser

Grant told me, “We are extremely proud and grateful to reach this milestone for the group. When we started the group nearly three years ago, we had a dream that people with white collar issues living in shame, guilt, fear and isolation could form a supportive community that would embrace compassion, empathy and kindness for each other.”  Through taking his message online, he has expanded reach to states across the country.  “People are living with issues in isolation and that benefits nobody,” Grant said.

Grant also co-hosts of a popular radio show and podcast, where he and Babz Rawls Ivy talk to a number of guests on various criminal and social justice issues.

White collar cases are often complex and the motivations different.  One can imagine the cases involving the college entry scandal (known as “Operation Varsity Blues”) is exposing a number of people to an unfamiliar and punitive federal justice system.  While those involved (alleged to be involved) in drug cases and other crimes have known the effects of this justice system for years, many white collar defendants are overwhelmed by the consequences.

Grant told me that his 150th meeting is a huge step in forming a community of individuals and families facing incarceration issues; suffering in silence with shame, remorse, and deep regret.  Grant said, “Many of us have been stigmatized by our own families, friends and communities, and the business community.  Our goal is to learn and evolve into a new spiritual way of life centered on hope, care, compassion, tolerance and empathy, and then to reach out to offer all those suffering from these issues.“
 
If you would like to be involved in this online White Collar support group, I’m sure that they would welcome your visit to www.prisonist.org.
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About Walt Pavlo:

Walt is a recognized expert on federal white-collar criminal matters and consults with defendants and attorneys on case strategy, You can reach him at waltpavlo@500PearlStreet.com.

Walter Pavlo

Contributor

I established 500 Pearl Street as a strategic consulting firm for attorneys and their clients as an advisor on federal criminal cases. I write here on criminal justice matters, particularly related to white collar crime, and speak nationally on the topic. In 2007, I released the book “Stolen Without A Gun” with Neil Weinberg, former Executive Editor Forbes Magazine (now a Reporter for Bloomberg).

Forbes: Feds Bust Prison Consulting Firm, By Walt Pavlo, Forbes Contributing Columnist

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Reprinted from Forbes.com, Jan. 28, 2019

The prison consulting business has been plagued by gimmicks and false promises.  Now a federal indictment in Connecticut could blow the lid off of a number of scammers that have taken advantage of defendants and their families.

US Attorneys in Connecticut have indicted three people who worked at RDAP Law Consultants LLC (RDAP Law) a firm that promised, guaranteed, that its clients would earn up to 18 months off of prison for hiring them.  Tony Tuan Pham, Samuel Copenhaver and Constance Moerland were indicted on charges that they coached people to fake drug and alcohol habits to gain entry into the Bureau of Prisons’ 500-hour program, Residential Drug Abuse Program (RDAP).  Getting into the program can get inmates up to one year off of their prison term and it is the only program in the BOP that offers a reduced time in prison.   The BOP considers it one of their premier successes:

“The Bureau and National Institute on Drug Abuse combined funding and expertise to conduct a rigorous analysis of the Bureau’s RDAP. Research findings demonstrated that RDAP participants are significantly less likely to recidivate and less likely to relapse to drug use than non-participants. The studies also suggest that the Bureau’s RDAPs make a significant difference in the lives of offenders following their release from custody and return to the community.”

The RDAP program is a 9-month program of intensive drug and alcohol therapy.  Those who enter the program participate in a regimen of therapies while incarcerated and counseling sessions after their release from prison.  To qualify, a defendant must state that they have a drug or alcohol dependency within the year prior to their arrest … but that statement must be included in a Presentence Report, a historical report that provides detail on the defendant’s life (criminal past, family history, medical history and drug abuse).  In many cases, defendants, particularly those involved in the drug trade (the majority of federal charges), have a drug problem.  However, having that abuse documented in the Presentence report is imperative to gaining admission.  When it is not, documentation must be provided to support a history of abuse … and that has launched a cottage industry of  “consultants” who are falsifying information for those who did not initially qualify for the program.

When a defendant, a desperate defendant, reached out to RDAP Law, they would direct them to fraudulently obtain one or more prescriptions for medications used to treat withdrawal symptoms, and to bring those medications upon reporting to a BOP facility to begin serving their prison term.  This created the false appearance of substance abuse disorder. RDAP Law also educated clients about how to mimic withdrawal symptoms and instructed clients “who were not yet in custody to adopt a daily habit of drinking alcohol or to have a medical professional provide a prescription for anti-anxiety medication prior to the client reporting to a BOP facility.”  If none of those worked, RDAP Law recommended that defendants show up at prison drunk.  For all of this, they would charge fees up to $10,000.

I have talked to a number of defendants and they all tell me that they are bombarded with emails and phone calls for prison consulting services once they have been sentenced.  These consultants promise results ranging from time off of a prison term to luxury prison designations.  It is a scam that has been going on too long.

RDAP Law’s luck ran out when it promised a defendant entry into RDAP and the defendant was working in cooperation with the FBI and US Attorneys office in Connecticut.  Pham’s pitch had six pieces of advice according to an excerpt from a recorded call:

Number one, you drink every day, including weekday. Number two, alcohol is very important to you. It’s a big part of your life.  Three, you’re a good drinker now. . . . Your first glass of wine you don’t feel anything.  Number four, you’ve tried to quit many times and you can’t. . . . You get sick if you don’t drink, you don’t feel like yourself. Ok? You can’t sleep. You can’t think.  Like an alcoholic, like an addict. You don’t feel good unless you have a drink.  That’s five. And number six, it’s called abuse. Abuse meaning bad things. Ok? You do bad things when you drink.

Now, the defendant in that case is not going to the RDAP program but will likely receive some time off for cooperating against RDAP Law.  The RDAP Law website is still up, but I’m guessing the feds are monitoring it … as well as a few others.

It is also likely that the BOP will look at their requirements for qualifying for RDAP.  For every person who has faked drug or alcohol abuse to get into the program, there are many who did not qualify but had real substance abuse problems that were not properly documented.  The BOP, for all of its shortcomings, has a successful program in RDAP that needs to be strengthened.  Prosecutions like this will start that process.

When Walt is not writing on white collar crime, he works with experts who present on it. Check out 500 Pearl Street Speakers or contact him at waltpavlo@500pearlstreet.com.

Walter Pavlo Contributor

I established 500 Pearl Street Speakers as a boutique speaker bureau that brings together journalists, former law enforcement agents, forensic accountants, lawyers and those involved in white collar crimes to create memorable training events. When I’m not speaking or writing, I’m working with Jack Donson at Prisonology LLC to help everyone facing federal prison. In 2007, I released the book “Stolen Without A Gun” with Neil Weinberg, former Executive Editor Forbes Magazine (now a Reporter for Bloomberg). I write on white-collar crime and try to provide a different perspective than that of the mainstream media.