white-collar crime
YouTube Video: White Collar Week Tuesday Speaker Series: Prof. Doug Berman, Sentencing Law & Policy Expert, on Zoom, Oct. 24, 2023, 7 pm ET, 4 pm PT.
We were honored to have Doug Berman as the October speaker in our White Collar Support Group Tuesday Speaker Series.
Among other important topics, Prof. Berman discussed the U.S. Sentencing Commission’s recent sentencing guidelines revisions for certain first time offenses including a two-point reduction, noncustodial sentences and retroactivity. And there was an extensive Q&A!
Information about our White Collar Support Group: http://prisonist.org
Professor Douglas A. Berman is Newton D. Baker-Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law., Ohio State University. Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of legislation and intellectual property. He has taught Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Investigation, Marijuana Law, Policy & Reform Seminar, Federal and State Clemency Decision-making, The Death Penalty, Legislation, Introduction to Intellectual Property, Second Amendment Seminar, and the Legislation Clinic.
Professor Berman attended Princeton University and Harvard Law School. In law school, he was an editor and developments office chair of the Harvard Law Review and also served as a teaching assistant for a Harvard University philosophy course. After graduation from law school in 1993, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both on the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy: Cases, Statutes and Guidelines, published by Aspen Publishers, is now in its fifth edition. Marijuana Law and Policy was released by Carolina Academic Press in 2020. In addition to authoring numerous publications on topics ranging from capital punishment to the federal sentencing guidelines, Professor Berman has served as an editor of the Federal Sentencing Reporter for more than twenty five years, and also serves as co-managing editor of the Ohio State Journal of Criminal Law.
Professor Berman is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy (https://sentencing.typepad.com/). The blog often receives nearly 100,000 page views per month (and had over 20,000 hits the day of the Supreme Court’s major sentencing decision in United States v. Booker). Professor Berman’s work on the Sentencing Law and Policy blog, which he describes as a form of “scholarship in action,” has been profiled or discussed at length in articles appearing in the Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and in numerous other print and online publications…
To reach Prof. Doug Berman: [email protected]
White Collar Week Sept. ’23 Newsletter: https://conta.cc/45AQzfX
Sponsored by Progressive Prison Ministries, Inc.: https://prisonist.org
Sponsored by GrantLaw, PLLC: https://grantlaw.com
Podcast: Jeff Grant on the Beyond the Balance Sheet Podcast, “From Prison to Promise – A Lawyer’s Story,” Sept. 6, 2023
Please check out my interview on Beyond The Balance Sheet with hosts, Diana Clark & Arden O’Connor of the O’Connor Professional Group – Behavioral Health Navigation. The podcast discusses the important mix of legal and psychological training advisors need to serve their clients best.
Link: https://oconnorpg.com/…/from-prison-to-promise-a…/
“Jeff Grant possesses an intriguing narrative that he candidly recounts. His journey began with opioid addiction and culminated in him borrowing funds from clients’ accounts, leading to his incarceration. Jeff underwent a transformative experience, earning his Master of Divinity degree and successfully reinstating his law license. He now serves as the visionary behind Progressive Prison Ministries and GrantLaw, which is dedicated to aiding individuals convicted of white-collar offenses by providing them with moral support and defense. This episode will be one of your favorites.”
IN THIS EPISODE:
[01:27] Jeff shares his background story from being a successful lawyer to drug addiction and hopelessness ending in attempted suicide
[04:21] Would white-collar crime still have been manifested if it were not for drug addiction? Jeff discusses the motivations of people within the Progressive Prison Ministries
[08:16] Arden asks if financial institutions unintentionally reward people with values that lead them down a white-collar path
[11:45] Jeff discusses life before and after crime and how families cope with life after white-collar crime
[18:24] Jeff discusses what his family experienced and why he started the GrantLaw Firm
[26:27] Jeff gives his advice to anyone who finds themselves involved in a white-collar crime scenario
KEY TAKEAWAYS:
White-collar crime brings down a lot more than just you. It brings down your family, friends, and sometimes an entire community.
Insider trading is a crime of opportunity and a lifetime sentence even after serving time.
Many marriages do not survive white-collar crime, but there is hope, and listeners can contact Jeff’s firm for advice.
BIOGRAPHY
After an addiction to prescription opioids and serving almost fourteen months in a Federal prison (2006 – 07) for a white-collar crime (SBA loan fraud) he committed in 2001, Jeff started his reentry – earning a Master of Divinity from Union Theological Seminary in the City of New York, majoring in Social Ethics. After graduating from divinity school, Jeff was called to serve at an inner city church in Bridgeport, CT as Associate Minister and Director of Prison Ministries. He then co-founded Progressive Prison Ministries, Inc. (Greenwich, CT), the world’s first ministry dedicated to serving people navigating the white-collar criminal justice system.
On May 5, 2021, Jeff’s law license was reinstated by the Supreme Court of the State of New York. On August 10, 2023, he celebrated 21 years of continuous sobriety.
Jeff has founded the law firm of GrantLaw, PLLC, is once again in private practice in New York City and is committed to using his legal expertise and life experience to benefit others.
GrantLaw, PLLC, is a new type of law firm providing private general counsel services to clients who have previously faced or who could be facing white-collar prosecutions and regulatory proceedings and their companies and families. In this role, Jeff and his team assist clients in making critical and timely business and family decisions and in executing them so that they have the best chance to come out the other side with lives of purpose, meaning and success.
“Jeff Grant is the real deal… I can’t imagine there is a lawyer in this country more qualified to consider the complex issues facing people prosecuted for white collar crimes and their families.” – Evan Osnos, The New Yorker.
BOOK EXCERPT: Holidays in Federal Prison, by Fellow Traveler Craig Stanland
What are holidays like in prison?” It’s a big and important question because so many fears course through our minds as we walk this path, and this is one of them.
So much so, I dedicated a chapter to it in “Blank Canvas, How I Reinvented My Life After Prison.”
An important aspect of a justice journey is understanding that everyone’s experiences are their experiences; they aren’t set in stone. This was my experience; it doesn’t mean it will be someone else’s experience.
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“Remorse is the poison of life.” – CHARLOTTE BRONTË
There’s a sadness in the air. It’s not just mine; it belongs to all of us. None of us complains.
What’s the point? We’re all in the same boat, all wishing we weren’t. We keep our wishes to ourselves, doing our best to maintain our routines, all the while struggling with what we should be doing, not what our reality is. There’s no reason to say it because we’re all thinking the same exact thing.
We all wish we were home with our families doing whatever each of us does on Christmas Day. There is a collective, unspoken desire that Christmas disappears just for the time we are in prison. We’d like to skip the day or at least be unaware of it.
I should be home but I’m not. I should be waking up next to her, kissing her shoulder, wishing her a Merry Christmas, as she rolls over with a sleepy smile, saying, “Hi, baby, Merry Christmas.”
I can hear her morning voice in my ear, not yet awake, soft and gentle. I love it.
I should be bringing her lavender tea in bed and the first present of the day. I should be next to her, celebrating not only Christmas but the anniversary of my proposal. We should be sitting on the floor, under the light of the tree, opening our presents, opening Matisse’s and Athena’s gifts. We should be making breakfast.
We should be together. But we’re not and it’s my fault. I want to escape the regret and the weight of this day. I look to our last Christmas together but I ruined that one too. We woke to the shadow of prison in the air and the pain from the accident in our bones. Two Christmases have been destroyed and I’ll be here for the next one as well.
This isn’t Christmas. It isn’t an anniversary. It’s just another day I want to end.
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Craig Stanland is a Reinvention Architect, TEDx & Keynote Speaker, and the Author of “Blank Canvas, How I Reinvented My Life After Prison.”
As a thought leader in personal reinvention, Craig’s mission revolves around guiding individuals from the anguish of unfulfillment into the joy of a purpose-driven life of meaning. His work empowers people to break free from their status quo, reconnect with their true selves, and unleash their full potential so they can discover more profound meaning and purpose in life beyond professional, financial, and material success.
How Do First Step Act (FSA) Earned Time Credits Work?, By Fellow Traveler William Livolsi
What Is The First Step Act?
The First Step Act is a bipartisan criminal justice reform bill signed into law in December 2018. The Act focuses on reducing recidivism by expanding educational and vocational programs and granting inmates early release credits (FSA Time Credits, aka FTC) for participating in these programs. It also includes provisions to ease mandatory minimum sentences for certain drug-related offenses and retroactivity of the Fair Sentencing Act of 2010.
There are several benefits tied to the FSA, but for our purposes in this post we will focus on the importance of the FSA Time Credit provision for those prosecuted for a first time, white collar/non-violent offense.
See HERE and HERE for more information and FAQ on the First Step Act directly from the BOP.
What Are FSA Time Credits And Why Are They Important?
For an individual facing prosecution for a first time, white collar/non-violent offense, the First Step Act introduces a significant provision called “Time Credits“, granting individuals in federal prisons the opportunity to reduce their incarceration period. This reduction is achieved by actively engaging in “Evidence-Based Recidivism Reduction programming” (EBRR programs) and participating in BOP sanctioned “Productive Activities.”
By participating in these Productive Activities and EBRR programs, incarcerated individuals can earn Time Credits that have the power to shorten their overall prison sentence. Rather than remaining in a BOP facility, participants who accumulate these credits gain the opportunity to transition to home confinement or a Residential Reentry Center (RRC, aka Half-Way House) sooner, and on to Supervised Release sooner, than before the FSA was enacted.
The potential for sentence reduction can be substantial. According to the law, participants can earn up to 15 days in Time Credits for every 30 days of active involvement in the designated programs and activities. This is very good news for an individual facing prosecution for a first time, white collar/non-violent offense who could see their total sentence cut by up to 365 days, which is the maximum allowed under the Act.
Who Is Eligible For FSA Time Credits?
The Bureau of Prisons (BOP) has a careful selection process when deciding who can benefit from the FSA and its early release provisions. As directly stated from the BOP FSA FAQ Guide:
The FSA provides for eligible inmates to earn Time Credits if they participate in and complete assigned evidence-based recidivism reducing programs or productive activities. An inmate is eligible to earn Time Credits if:
- He or she was convicted of a U.S. (federal) Code offense; and
- He or she was not convicted of a disqualifying offense,
- He or she is at an institution, but not in Disciplinary Segregation.
Therefore, individuals who are serving sentences the FSA identifies as disqualifying cannot earn credit. Those serving life sentences, or sentences relating to terrorism, arson, murder are generally ineligible to participate. Click HERE for a complete list of disqualifying offenses.
If this is your first offense and your crime/conviction isn’t on the list of disqualifying offenses, then you are very likely eligible.
When Can FSA Time Credits Begin To Be Earned?
FSA Time Credits may not be earned until after you begin your sentence. The BOP defines this as the date you arrive, or self-surrender, at the designated facility where your sentence will be served. You are not eligible to earn FSA Time Credits while on pretrial confinement, and you cannot earn FSA Time Credits while in the custody of the US Marshall service. You are also ineligible to receive FSA Time Credits while in disciplinary/administrative segregation.
From the feedback we have received from our Fellow Travelers who are currently incarcerated, many if not all, are receiving their credits within a few months of their arrival.
How Are FSA Time Credits Calculated?
There have been many iterations and much confusion as to this interpretation since the FSA was first rolled out. Now, under the final rule, a ‘day’ means a calendar day on which the individual is participating in whatever assigned programming or productive activity takes place.
For example: If you are assigned to and consistently participate in a program that meets 3 times a week for 8 weeks, you will receive Time Credit for 24 days.
As mentioned above, the maximum amount of Time Credits that can be earned in any one month is 15, and the maximum you can earn is 365 days.
What FSA Programs & Activities Are Available And Are They Available At Every BOP Facility?
The programs and activities offered by the BOP are broken down into two categories: Evidenced Based Recidivism Reduction (EBRR) programs, and Structured, Curriculum-Based Productive Activities.
As you go through the guide you will see that many programs are indicated as available at all institutions, but you should not assume all will be offered at your designated institution while you are there. It is important to note too that some EBRR programs are only offered at higher security level facilities, and some programs are offered only to male or female populations.
While I was at FCI El Reno, after the FSA was signed into law, I was assigned by my Case Manager to the Drug Education program, the Criminal Thinking program, the Parenting From Prison program, and the Threshold program. Three of these are now EBRR programs. There may be other programs at your designated facility that may not be on this list but may still be eligible for FSA Time Credits.You can clarify this with your Case Manager.
The January 2023 FSA Approved Programs Guide is HERE.
Can FSA Time Credits Be Taken Away?
Yes! You will have responsibilities for earning and maintaining FSA Time Credits, and FSA Time Creditscan be taken away. Also you can lose the opportunity to participate in future FSA programs and activities. Please review the following items which are listed in detail on the BOP FSA FAQ Guide:
- You can lose earned FSA Time Credits, and possibly the ability to participate in future FSA programs and activities, if you engage in any misconduct and/or receive any disciplinary infractions.
- You can lose the ability to participate in FSA programs and activities if you refuse to participate in the BOP’s Financial Responsibility Program (FRP) for the repayment of court ordered restitution, fines, and fees. There are other non-FSA related consequences for refusing to participate in the FRP.
- You can lose earned FSA Time Credits, and possibly the ability to participate in future FSA programs and activities, if you violate the requirements or rules of an FSA program or activity.
- You can lose the ability to participate in FSA programs and activities if you ‘Opt Out’ of a recommended FSA program or activity. If you are eligible for FSA Time Credits and “opt out,” you will not earn the credits until you decide to “opt in” (choose to participate in recommended programming again).
- Some mandatory programs, such as Drug Education and GED, now count as FSA programs. Refusing participation in mandatory programs results in consequences, such as pay limits, commissary limits, or “poor” responsibility on custody classification. You will not earn FSA Time Credits if you refuse a mandatory program. Other FSA programs are recommended based upon individualized risk and needs assessment; they are not mandatory, but you will be “opted out” and fail to earn FTC if you decline to participate.
FSA Time Credits while on Home Confinement or Halfway House
I cannot find a specific citation on the BOP website that addresses this issue, but the FSA does not differentiate based on an individual’s location within the BOP system. A ‘prisoner’ is an individual in the custody of the BOP, and while you are in HWH, or on Home Confinement, you are still in BOP custody.
I have spoken to several individuals in this situation. Some have received their Time Credits, and othershave not. And for the ones that have, it’s not entirely clear how these Time Credits were being calculated.
Examples Of How FSA Time Credits Can Help You?
In the federal prison system, if an individual has no disciplinary infractions, they will receive 54 days per year of Good Conduct Time (GCT). In percentage terms this means that every man or woman will serve 85% (85.21%) of the term imposed by the judge at sentencing.
For an individual sentenced to 36 months, this equates to 30.6 months until they are released (36 x .85).
If this individual then takes full advantage of the EBRR programs and Productive Activity programs at their institution and accumulates 15 days per month for the next 18 months they will accumulate 270days (9 months) of FSA Time Credits, and their time at their institution will be cut to 21.6 months (30.6 minus 9).
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Bill is Deputy Director of Progressive Prison Ministries and has been a member of the Ministry’s White Collar Support Group since 2016. Bill served 13 months at FCI El Reno, returning home in 2020. Bill is also a volunteer with Evolution Reentry Services and is their weekly Family Support Group facilitator. Bill is a certified Life Coach and owner of White Collar Coaching, working exclusively with men and women impacted by the criminal justice system. Bill can be reached at [email protected] or [email protected].
Video: Jeff Grant Interviewed on the Financial Clarity with Hannah Smolinski Podcast. Aug. 2, 2023: “From Law Practice to Prison and Back Again.”
Jeff Grant is the Founder of Grant Law, a unique firm committed to providing private general counsel services for individuals and families dealing with white-collar prosecutions and regulatory proceedings. Following a personal journey that included overcoming addiction and serving federal prison time for a white-collar crime, Jeff emerged with a renewed sense of purpose and direction.
After reentry into society, he earned a Master’s of Divinity from Union Theological Seminary and co-founded Progressive Prison Ministries, the world’s first ministry serving individuals in the white-collar criminal justice system. With his law license reinstated by the US Supreme Court of the state of New York, Jeff leverages his legal expertise and life experiences to benefit others, an effort that has landed him features in notable publications like Forbes, Entrepreneur, and Business Insider.
Here’s a glimpse of what you’ll learn:
• Jeff Grant shares the story behind his addiction and prison time and how he bounced back
• Jeff’s advice to those in legal trouble due to improper use of Economic Injury Disaster Loan (EIDL) loans
• What surprised Jeff during the investigative process of his case
• Why is it crucial to have a support group?
• Why Jeff did not expect to have his law license reinstated
• Jeff’s plan for his new law firm, Grant Law
• How did Jeff’s past turn into his differentiating factor?
• Jeff’s advice to anyone starting a small business from scratch
In this episode…
In the high-stakes world of law and finance, missteps can lead to drastic consequences. How do professionals pick themselves up after such fallouts? Can a tainted reputation ever be restored?
Jeff Grant, a successful lawyer, found his world turned upside down when he was convicted for a white-collar crime. He lost his license and spent 14 months in federal prison. But this was not the end for Jeff. Remarkably, he rebuilt his life post-incarceration, earning back his law license and turning his past mistakes into a springboard to help others in similar situations.
In this episode of the Financial Clarity podcast, host Hannah Smolinski engages Jeff Grant in a riveting conversation about resilience, redemption, and making the most out of second chances. They discuss Jeff’s life pre- and post-prison, his journey to regain his law license, and how he founded a support group for white-collar criminals. Jeff shares insights on overcoming stigma, navigating the legal system post-incarceration, and leveraging past mistakes as a unique selling point in his new law practice.
Jeffrey D. Grant, Esq.
GrantLaw, PLLC
GrantLaw. com
(212) 859-3512
YouTube Video: White Collar Week Speaker: Margaret Love, Former US Pardon Attorney, Executive Director of Collateral Consequences Resource Center, Tues., Aug. 8, 2023
We were honored to have Margaret Love as the August speaker in our White Collar Support Group Tuesday Speaker Series.
Information about our White Collar Support Group: http://prisonist.org
Margaret Love specializes in executive clemency and restoration of rights, sentencing and corrections policy, and legal and government ethics. She has written and lectured widely on pardon policy and practice, and on the collateral consequences of a criminal conviction, and is recognized as one of the nation’s leading authorities on clemency and related relief issues.
Ms. Love served as U.S. Pardon Attorney between 1990 and 1997, and currently serves as the Executive Director of the Collateral Consequences Resource Center, a non-profit organization established in 2014 to promote public engagement on the myriad issues raised by the legal restrictions and societal stigma that burden people with a criminal record long after their criminal case is closed.
Since leaving public office, she has successfully represented numerous individuals with federal convictions in the clemency process. She also advises individuals with state convictions who are interested in avoiding or mitigating the collateral consequences of conviction.
Ms. Love also represents clients seeking other types of clemency, including reduction (commutation) of a prison sentence. With the abolition of parole for federal sentences imposed after 1987, commutation is virtually the only way to reduce a prison term.
To reach Margaret Love: [email protected]
Sponsored by Progressive Prison Ministries, Inc.: https://prisonist.org
Sponsored by GrantLaw, PLLC: https://grantlaw.com
Blog: Friends: Expectations & Disappointments, by Fellow Traveler Bill Livolsi, Edited by Fellow Traveler Jeff Krantz
Bill Livolsi is a member of our White Collar Support Group that meets on Zoom on Monday evenings.
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My journey in the criminal justice system has been going for over 10 years now. My former spouse was charged in 2010. I was charged in 2014, I pled guilty, and sentenced in 2015. I served my time in 2019 and 2020. Later this year, in December, I’ll be done with Supervised Release.
While the most difficult portions of the journey are behind me, a recent event has served as a reminder that it’s never really gone for good (even if it’s just lingering in my head). Recent events have also challenged my concept of friendship and caused me to rethink how I am perceived by others.
For starters, I suppose my definition of friendship can be summed up as ‘a mutual bond or relationship based on shared experience’.
There are so many different circumstances under which people form these bonds: someone you grew up with, a former HS or university classmate, a close work colleague, former lovers, former spouses, and yes, even those who you serve time with.
A few weeks ago I was reading my google alerts and read that my old boss, Matthew, had passed away. He had been the president of the ad agency where I worked as CFO for 15 years (I left in 2005). He and his partner Nancy, the CEO, had been the ones to hire me.
Over the years since I left the agency I made attempts to reconnect with him. I truly liked him. I admired his accomplishments and believed he liked and trusted me. Ultimately, we did not stay in touch.
I was pretty shocked and saddened by the news of his death at age 79. I still picture him in my mind’s eye as young and vibrant. Perhaps his passing got me thinking about my own mortality?
I decided to reach out via text to two friends/former colleagues who I worked with at the agency. Both were with the Company when I left in 2005, but are no longer there now. The three of us have kept in touch over the years.
In my text, I said my hellos, and asked how they were doing. It had been a bit over a year since we last talked so I shared a few recent life events about the kids and me. Then I communicated the sad news of Matthew’s passing.
I was expecting that news of his death would give us the opportunity to check in with each other once again, to reconnect over a time and experience we had all shared together.
It didn’t quite work out that way.
From one, I got no response at all. Absolutely nothing.
From the other I got, ‘Sorry to hear he died. Hope you are well.’ That’s it. No Hi Bill; no how are you and the kids, nothing. No hint of a desire to share anything. It was not a response one might expect from a friend I thought.
These were some of the very few people, outside of family and our White Collar Support Group, with whom I had shared my criminal justice issues. As many with similar experience know, it’s a deeply personal issue, but I felt safe sharing it with them, and they always seemed supportive.
I get it, it’s not all about me. People are at different points in their day, and in their lives. There are things going on in their lives about which I have no idea. Perhaps our old boss’ passing didn’t touch them like it did me, I don’t know. I do know It’s not necessarily a reflection on me, but still, I felt… rejected, and definitely confused.
Unable to just let this go and focus on other things, I decided to take a look back on our earlier texts and emails. I was surprised to find in just about every instance I was the one who initiated a conversation.
I had communicated with them off and on during my prosecution. I called periodically after I was sentenced and while home with the kids. And I spoke to each shortly before I reported to prison. I wrote while I was away (I did not hear anything back, which is not surprising or unusual). And once I was released I texted or call now and again.
I had initiated all these interactions, but I didn’t pay that fact any mind. After all, isn’t that what friends do, reach out when the opportunity presents itself? Don’t Friends find ways to keep in contact? I wasn’t asking them for anything special, I didn’t need anything. Just friendship.
One thing I’m really very good at is ‘over thinking’. And this experience has me working overtime and my thoughts are running rampant:
Was I ever their friend, or merely an acquaintance?
Did I over-invest in the friendship because I confided in them my shameful secret? Did I have expectations that they would recognize how difficult that was for me?
Should I consider them friends at all?
I’m left with more questions than answers.
Like most everyone who will read this, once my legal issues became public many, many friends and colleagues cut me off. I was very bitter about the ostracism then, but time has given me an opportunity to rethink my bitterness and now, truthfully, I can’t blame them. But I had hoped this was different.
So maybe this is how the world is today – so many ways to be ‘connected’ on the surface, but few deep and personal connections.
And maybe, just maybe, I have been hanging on to this vestige of my normal past – and life has been telling me for quite some time to just let it go and move on.
Bill is Deputy Director of Progressive Prison Ministries and has been a member of the Ministry’s White Collar Support Group since 2016. Bill served 13 months at FCI El Reno, returning home in 2020. Bill is also a volunteer with Evolution Reentry Services and is their weekly Family Support Group facilitator. Bill is a certified Life Coach and owner of White Collar Coaching, working exclusively with men and women impacted by the criminal justice system. Bill can be reached at [email protected] or [email protected].
Blog: Repairing Search Results Following White Collar Legal Trouble, by Fellow Traveler Andrew Chapin
Andrew J. Chapin is a technology entrepreneur specializing in product discovery, a writer, and a member of our White Collar Support group that meets on Zoom on Monday evenings. He can be reached at andrewjchapin.com.
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