Doctor Demanded Guarantee Before His Federal Sentencing Hearing
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- Опубліковано 22 кві 2024
- As I share in this live video, I spoke to a doctor indicted and sentenced for Medicare fraud. Let me provide a summary and some valuable lessons for those who are too busy or not interested in watching the video.
First Contact and Initial Resistance: The doctor, facing about $6 million in restitution, believed repaying the total amount would absolve him from further consequences, including avoiding prison time.
The Importance of a Strategic Approach: During our conversations, I emphasized the need to build a compelling record leading up to his sentencing. This record is crucial for influencing the judge and probation officers (all stakeholders!) and future dealings with professional licensing boards and other entities.
Misplaced Confidence in Outcomes: The doctor was somewhat dismissive of the need for comprehensive preparation, assuming that his payment and clean prior record would suffice. He expressed skepticism about the value of our services unless we guaranteed a specific result: namely, he must avoid getting sentenced to federal prison.
Unexpected Outcome at Sentencing: Despite minimal mitigation efforts and reliance solely on paying back the money and character references, the doctor got precisely what he wanted: he avoided federal prison and received a year of home confinement. This outcome was much less than the government's request. The outcome emboldened him, as he was convinced his strategy was right. He even called to tell me!
Post-Sentencing Realizations and Challenges: After sentencing, the doctor faced significant challenges with his probation officer, who was critical of the leniency he received. He also failed to keep his medical license. This situation underscored the need for a robust, documented effort to justify leniency and maintain professional credentials.
Essential Lessons and Strategies:
Build a Comprehensive Record: Regardless of what you think will happen at sentencing, it is vital to create a detailed record that showcases rehabilitation, remorse, and lessons learned. This record will help you long after a sentencing hearing.
Engage in Mitigation Efforts: Simply repaying the restitution is not enough. Continuous and documented efforts to mitigate the situation can significantly affect life after sentencing.
Understand No Guarantees: Recognizing that no consultant can guarantee specific outcomes is crucial.
Prepare for All Phases: Preparation should not cease after sentencing. Ongoing efforts are necessary to navigate probation successfully and address potential challenges with licensing boards or other professional entities.
Personalized Approach: Every case is unique, and your strategy should be tailored to your specific circumstances and needs. What works for one might not work for another, underscoring the importance of a customized approach.
Our team encourages you to build a new record for the weeks, months, and years. There is no other way, presuming you want to overcome the collateral consequences of a conviction.
Best,
Justin
jp@whitecollaradvice.com - 818-424-2220
Visit www.whitecollaradvice.com to access our federal prison blogs
/ federalprisonadvice
/ justinpaperny
Big fan Justin ...
Your very clear and no-nonsense message about acknowledging and owning-up to past mistakes is invaluable. Your journey has inspired me and the values of personal accountability are universal whether one is in legal jeopardy or not.
Many best wishes and God bless you.
That was a wonderful message to read. I appreciate it. Thank you so much.
This video was awesome. I love the freestyle approach…..You gotta keep doing that. You presented the doctor's story in a fair and balanced manner. Now, most folks tuning in might be quick to want you to have the "I told you so," moment…..but that's not your style. What truly intrigues me about this doctor is his undeniable intelligence, yet the realization seems to elude him that taking action is always better than doing nothing at all. The Bureau of Prisons (BOP) is an interesting beast; sooner or later, you're bound to encounter someone who can make your life a tad challenging. It's crucial to be ready for that situation. So, what's your move going to be? A witty comeback they've probably heard before, or perhaps a killer plan backed by meticulous documentation showcasing your efforts? While guarantees are hard to come by in this line of business, here's one I'll venture: if you sit idly by and do nothing, chances are you'll have more then committing your crime to regret.
It's great that this doc got the message - finally.
Never too late to start preparing!
I always say I’m not the judge. I give them the believed guidelines.
When the doctor requested a guarantee that your services would give him his desired result, you might have reminded him about the words of wise, old Ben Franklin: the only certainty in life is death and taxes.
Your refusal to offer such a guarantee, which caused you a financial loss, tells me that you are a man of integrity.
I appreciate the note. Thank you. I also share Clint Eastwood’s quote, “ if you want a guarantee, buy a toaster!”
Yikes he squandered nearly 2 years
Tell him "I told you so." 🙂
It took humility for him to call me again. Shows character.
@@WhiteCollarAdviceOfficial Sounds like he was also throwing a dig
@@mchammer1836more to come!
Physicians have to UNDERSTAND that their business practices are HIGHLY REGULATED by the Stark Laws that Congress enacted against them.
Ignorance is not an “excuse.” It is up to doctors to KNOW AND UNDERSTAND those laws.
The AMA could have fought against those laws, but did not even choose to try.
If you vote for Democrats, this is what you get: Hyper regulation.
Sanjosemike (no longer in CA)
Retired surgeon