FBI arrests Bankman-Fried in massive Crypto FTX fraud

Trial or Plea. Feds have a 98+% Conviction Rate
Trial: AUSA Gets the publicity of a win
Plea: Still a long sentence, but less.

How he can help himself – if he can;

• Self-reflection
• Take responsibility
• Remorse for the Victims – Heartfelt
• Take the time to think, about his childhood, what brought him to this point
• This could take months
• Then put this in writing, as a letter, a story, from the heart and honestly
• This over time could become his: Personal Narrative
• And when in conversation with the Judge, His Allocution

8 COUNTS
COUNT I: Conspiracy To Commit Wire Fraud on Customers
18 U.S. Code § 1343 – Fraud by wire, radio, or television: shall be fined under this title or imprisoned not more than 20 years, or both. (Title 18, United States Code, Section 1349.)

COUNT II:  Wire Fraud on Customers
(Title 18, United States Code, Sections 1343 and 2.)

COUNT III: Conspiracy To Commit Wire Fraud on Lenders 
18 U.S. Code § 1343, (title 18, United States Code, Section 1349.)

COUNT IV: Wire Fraud on Lenders  – 20 YEARS
18 U.S. Code § 1343,

COUNT V: Conspiracy To Commit Commodities Fraud
Title 17, Code of Federal Regulations, Section 180.1,
Title 7, United States Code, Sections 9(1) and 13(a) (5),
(Title 18, United States Code, Section 371.)

COUNT VI: Conspiracy To  Securities Fraud
Title 17, Code of Federal Regulations, Section 240.10b-5,
(Title 18, United States Code, Section 371.)
Individuals face up to a 25-year sentence and business entities face fines of up to $25 million.

COUNT VII: Conspiracy To Commit Money Laundering
Title 18, United States Code, Sections 1956 (a) (1) (B) (i) and 1957(a)
(Title 18, United States Code, Section 1956 (h).)

COUNT VIII: Conspiracy to Defraud the United States and Violate the Campaign Finance Laws
Title 52, United States Code, Sections 30109(d) (1) (A) & (0).

DOJ and HHS Enforcement White-Collar Task Force
You suspected that you were an FBI Target, but just not convinced, 

First, is getting a great WHITE-COLLAR criminal defense attorney, whom you trust, then you have,
Two options; Trial or Plea.

·        Trial (or Plea): The costs could easily exceed $100, 000 ++

·        Trial: While the goal is to win, understand that should you lose,

·        Here The US Attorney will request a longer sentence (payback!) –

·        But if you and your attorney are Confident – Stay Strong!

GUILTY

The probation officer controls your future. They conduct your interview, draft the presentence report, and can sway the court regarding your sentence length and placement.

Preparation for your Presentence Interview (PSI) cannot be overstated, your future depends on it.

·        First contact. After “guilty”, it’s helpful for your attorney to

·        connect with your Probation Officer, to

·        learn the date for their “dictation deadline”, which is the date that their Presentence Report (PSR) draft is due to their supervisor,

·        plus the date for your interview.

• This provides the opportunity to get your ‘message’ to the officer
•  before they speak with the prosecutor or
•  Read online, which is biased against you.

·        Generally speaking, when working with the probation officer, a little extra effort goes a long way.

• Consider presenting your entire view of the case, clearly in a letter to the PO as soon as possible.
• If you feel the PO is receptive to a variance, this may be key to convincing the court to consider a sentence below the guideline range.
• Consider presenting your entire view of the case, clearly in a letter to the PO as soon as possible – getting your message “on the record”.
• As Probation Officers are very busy, doing their best, and never have enough time, they may actually appreciate your efforts in easing a portion of their workload,
• Remember, a little thoughtful effort does go a long way.

The Probation Officer (P.O.) will write the official Presentence Report (PSR), and with it,

·        The Judge will determine the length of your sentence.

·        The Bureau of Prisons Administration uses the same PSR to place or designate you in a prison.

• Your Unit Team, Case Managers, Psychologists, and Medical will refer to it throughout your stay.
• Visitation is determined by it

Are you happy about the DOJ Narrative Story they have released to Google about you,

No,

Then start working on your

Personal Narrative, it’s your chance to explain your narrative to the Judge.

1st. Express remorse for the victim(s), understanding their pain, suffering, and how it has impacted them.

2. Agree with the court as to the seriousness of the crime, without minimizing it. Expand on this topic

3. What in your life brought you to this moment, what happened that caused you to do this?
a. You can expand on this, with salient points from your childhood, while,

·        Get feedback from a consultant, attorney, or someone with this skill

·        If there was a “trigger,” what was that trigger, and how do you remove it from your life?

·        It will be a slow start, but when complete, you will be a different person, with a unique Personal Narrative or Story to tell directly to the Judge.

·        It is now Your Story, Unique and Honest.

4. What has this experience taught you? Did it bring up moments from your past?

5. Explain to the Judge that you have a plan (ONLY IF YOU DO) to start making this right with those you have victimized

6. What is your plan to never re-offend, and you will NEVER Be Back Again In Their Courtroom? 

Meanwhile, you have been,

1.     Collecting copies of your medical records

·        Hospital, laboratory, radiology, physician, surgical, prescription, and medical devices.

·        As all of these take time, medical practices are also very busy – so don’t wait.

2. Other records:

·        Educational, military, character, community service, work references, original birth certificates, social security card, license, etc, and, you get the picture.

3. Of significance to your life in the BOP;

·        Bottom Bunk: Past medical history of Tinnitus, vertigo, or back problems.

·        Diabetic Soft Shoes, Sneakers Instead of Rigid Institutional Boots: Past medical history of a torn Achilles heel, knee, or hip issues

·        Being of a certain age / Having weight, or a Hernia issue: could result in getting passes of “no standing for prolonged periods” and/or “no lifting over 15 pounds,” helping you escape some of the crappier work assignments.

·        “Medical idles,” which get you out of everything, are also available, either short or long-term, for various ongoing ailments (ranging from a bad hip to PTSD).

Once the PSR is done, these can/should be checked for accuracy

PREPARATION: The PROBATION INTERVIEW (FORM) starts out with; can you explain what happened, and then follow a format similar to this outline, which could include:

VICTIM IMPACT: The chance for victims to speak

OFFENSE CONDUCT STATEMENT: Review for accuracy

USSC CRIMINAL HISTORY: A scored calculation based on criminal history

USSC OFFENSE LEVEL/CONDUCT: A scored calculation based on your current charges.

OFFENSE LEVEL/CONDUCT VS CRIMINAL HISTORY

PUBLIC SAFETY FACTORS vs MANAGEMENT VARIABLES: BOP placement guidelines

OFFENDER CHARACTERISTICS: Through conversation, the officer learns who you are. Saying nothing leaves ‘all’ including the court to believe what the DOJ has released to the press is 100% true. If Not, THEN THIS IS YOUR TIME TO TO WRITE YOUR STORY/NARRATIVE AND PROVIDE YOUR PERSPECTIVE

FAMILIAL HISTORY: Married – Children – parents’ responsibilities and sole caregiver

DEFENDANT’S PHYSICAL CONDITION: Medically documented bad Back-Hip-Knees-Shoulder could provide you with a Bottom Bunk. Diabetic, Vascular Disease, Raynaylds could allow the Medicare soft shoe or sneakers.

MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, X-ray – CT-MRI-Ultrasound-Pet Scans (in Written and CD Format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will ALL physician contact information.

SUBSTANCE ABUSE: Alcohol, Drug (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.

EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level, otherwise a GED will be required in prison. If you have experience in/with computers, administrators frown on these skills, so you may want to reconsider using these.

MILITARY: Copies, branch, discharge?

EMPLOYMENT: The PO will check. Judges love a good work record/history

STATEMENT FINANCIAL RECORDS: If there are financial fines/restitution, Congress and The BOP now require a Financial Responsibility Plan to benefit from all Earned Time Credits and access to Programming. Therefore if the events allow, counsel could ask that the court writes into the record that payments should only start after release from the BOP.

·        Financial Responsibility Plan (FRP). If you have a hefty fine or restitution, and money is a problem, the BOP ‘FRP’ Program requires participation. If you refuse, this could hinder your involvement in PATTERN Programs’ efforts towards early release and Halfway House along with restricting some of your commissary use.

It may help if your attorney could ask the judge to write into the order, that the defendant does not have to participate in the Financial Responsibility Plan until after they are released from the BOP, as they have a job and will then be able to make payments at that time.

Otherwise, be proactive, and at your first team meeting, offer what you can ($0.00/month) towards your FRP account. Be aware that at your next team meeting, they will know exactly how much money you have spent, and it’s too early to create a bad – first impression.

12/17/2022, I learned today that a Judge recently put into their “Order”, that the defendant has to pay $25/quarter.

ADDITIONAL DOCUMENTS THAT LIKELY WILL BE NEEDED

·        Birth or baptismal certificate

·        Divorce decreeDraft registration card Immigration papers or passport

·        Employment verification (pay stubs)

·        Income tax reports for the last three years

·        Letters of (CHARACTER) recommendation

·        Marriage certificate Car registration papers

·        Medical reports (if presently under a doctor’s

·        Military disability information (C-number)

·        Military discharge certificate

·        Naturalization papers

·        Professional papers (COPIES: Social Security Care, Drivers Lic., certificates, licenses, or Seaman’s papers permits)

·        Proof of residence (rent receipts, property and Union, lodge, or club cards mortgage papers, etc.)

·        School diplomas

OFFICIAL PRESENTENCE REPORT REVIEWED FOR ACCURACY – BEFORE SENTENCING HEARING

But even if all things are done right, the Judge may still not change your sentence and placement – even so,

Your Narrative is now part of your Reentry Planning – helping you through the BOP, FSA Programming, and into Halfway House as you work towards early release

• Bernie Madoff = $10 million, with ~ 100Yrs
• Jeff Skilling, former Enron CEO, = $5 million
• Elizabeth Holmes, = $500,000, ~ 11.5 years

• Leave most of the Law work, to his attorneys

• Assistance in drafting your Personal Narrative – Which will influence the Probation Officer, The Judge, Prosecutor, Administration at the BOP, and The prison counselors responsible for judging your Incremental Improvements
• Assistance with your Allocution – this is your chance to have a conversation with the judge who makes the final decision on your fate
• 18 U.S. Code § 3553 – Imposition of a sentence
• REENTRY PLANNING
• PSI Preparation

THOSE OF YOU WHO WILL BE SURRENDERING DURING WINTER 2022/2023, COVID ALONG WITH THE FLU/INFLUENZA MAY BE PRESENT AT YOUR FACILITY

YOU CAN CHECK THIS OUT FIRST BY GOING TO THE BOP WEBSITE AT BOP.GOV

• WHEN YOU GET THERE, YOU WILL LOOK FOR THE BOP COVID CURRENT MODIFIED OPERATION LEVELS,
• THEN LOOK FOR YOUR PRISON

IN 2020 THE WORLD WAS CAUGHT BY SURPRISE, BUT BETWEEN ISOLATION, MASKS, AND VACCINES, WE’VE MANAGED TO COME THROUGH IT.

All prisons and jails, being closed-in environments, were perfect breeding grounds, although in the federal system, a few wardens did a great job protecting inmates and staff alike.

ALONG WITH THE OTHER ITEMS I’VE COVERED THAT YOU VAN BRING WITH YOU [SEE MY WEBSITE]

• If you have had all your COVID vaccines and boosters, bring verification
• If you haven’t, that’s ok too.
• If you had your Flu Shot, bring verification.
• Should your warden be overly cautious in instituting precautions, be grateful. It is better to error on the side of caution.
• Through your preparation and PSR, the Judge has already seen YOUR COMPLETE MEDICAL Record, which is already at the Prison.

At this point, I cannot tell you if you will be put into an isolation cell, but as of this recording 12/10/2022, that may not be necessary.

Hello and welcome My name is Marc Blatstein – and I’m the Physician who found Physician Presentence Report Service (PPRS)

Learn From My Mistakes – So you Don’t Make Yours

I’ve been in practice for 30+ years, which was unfortunately interrupted by an early 6 am knock at my front door,

and a 2nd at 8 am at my podiatric medical practice – all for a problem that I created.

As a result, I Plead Guilty to a Felony and was convicted of a federal White-Collar crime, and was sentenced to time in the BOP.

After my release, and several years of hard work, my license was, restored in full in 2010.

Around that time

• I chose to use my skills in medicine
• with my understanding of the BOP
• to assist those of you,
• who like me,
• find themselves facing our Criminal Justice System.

While I Was UNPREPARED

I Made It A Point

• TO PROVIDE YOU WITH THE RESOURCES SO YOU WILL BE PREPARED- BECAUSE IN PRISON, AS IN LIFE
• PREPARATION = SURVIVAL
•  WHILE YOUR STAY IN PRISON WILL BE TEMPORARY (and At times uncomfortable)

The Goal Is To Be Productive and Keep It as Short as Possible

Surrendering To The BOP During COVID Their Modified Operation Levels

Quarantine: Levels: #1, 2, or 3

• Even though Level 1 is the Lowest,
  • Masks may be required, (remember that the flu is another complication this yr. as we have been isolated since 2/2020)
  • but otherwise, all appears to be functioning normally
• If you’re designated to a facility that is under Operational Level 2 or 3
  • These may require that additional CDC prevention guidelines be followed
• Here the Warden is Responsible for determining his ‘operation level’, and
  • these levels will vary around the BOP.

You could be in Quarantine for 2-4 weeks,

• Remember in the Big Picture –THIS IS TEMPORARY
• Now preparing for 1-4 weeks in a cell – You Will Get Bored
• Think about Books – Books You Can Learn From:
• Make a list of books you’d like to read – START SENDING TWO DAYS BEFORE YOU ARRIVE,
• Pre-Set a schedule for each friend and family member – it’s cheaper for all
• Getting too many books at once could get you in trouble
  • Ask family & friends to each send books from the list, 2 books at a time
• When you get to the Camp or Low
  • After you make friends, ask them, to ask their family, to call yours and let them know you are OK.

Hardback – from Amazon, Softback – from home

1. Marco Polo’s “Travels”,
2. Martin Luther King’s “Letter from Birmingham Jail”,
3. Nelson Mandela’s Autobiography
4. The Three Laws of Performance, By Steve Zaffron
5. Rich Dad, Poor Dad, by Robert T. Kiyosaki
6. How to Win Friends and Influence People by Dale Carnegie
7. The 7 Habits of Highly Effective People: STEPHEN R COVEY
8. The Power of Habit: by Charles Duhigg
9. Steve Jobs by Walter Isaacson
10. The Gift, Edith Eva Eger

… these are all great places to start and should continue throughout your stay

Inmates may also receive up to five magazines (no sexually explicit material) or paperback books per day.

Paperback books sent in a package

• must have the contents clearly annotated on the outside of the box
• (IE… 5 paperback books enclosed in accordance with BOP policy), and
• only the books may be in the package.

Books, magazines, and photos are the basic items that an inmate may receive from family and friends.

Hard-covered books:

• (no padded covers, no enclosed CD/DVD) and/or newspapers
• only from a publisher, distributor, or bookseller (IE… Amazon.com, Walden Books.com).

Blank journals, diaries, address books, daily planners, card stock, construction paper, hobby craft materials, or sketchbooks

• are not authorized for receipt.
• Inmates also cannot receive any food items, clothing, or electronic media (CDs, DVDs, flash drives, etc…).

Consultations are on me.

Thank you! Marc

240.888.7778

DrMB@PPRSUS.com

Physician Presentence Report Service

No matter where you are in The Process, there are things we can do

* No Physician,  Attorney, or Consultant can promise any outcomes.