Overcoming Fears and Proper Preparation for Victory at Sentencing

I recently worked very closely with a doctor and his wife, along with the attorney, from the end of September through early this morning. The government wanted a sentence of 51 to 60 months, but I prepared this doctor extensively for the sentencing process. Other than the fact that today was my first day back in the same building where I was sentenced almost five years ago to 60 months (of which I ended up serving about 21 months), it was relatively scary walking through those doors. I didn’t have the luxury of just walking back out when I was there in April 2018.

While my attorney at the time promised me probation and made all the assurances not to worry, the judge sentenced me to five years and I was immediately remanded into custody. I was actually going to film this video today as I walked out, with the Philadelphia Detention Center visible in the background – that’s where I was initially remanded to. My emotions got the better of me though, so my daughter convinced me to wait until after this sentencing to do my first video. So here I am at the airport.

The doctor today was scared, as was his wife. He had a full group supporting him as we sat before the judge doing preliminary objections to the presentence report. I was concerned, and the doctor was genuinely worried if he would qualify for the RDAP drug treatment program, even though we prepared extensively and discussed priorities before sentencing.

Another concern was the dispute over the guideline calculation and whether he received over $1 million in improper payments. One question they asked me beforehand was if bringing a $1 million restitution check to sentencing would help – and of course, any substantial payment towards final restitution before sentencing can only help.

It took about three hours, but in the end, the judge determined his guideline range was 21-27 months. The judge commented on how well-prepared the doctor was, his charity work, and the powerful statement I helped him write, which really impacted the sentencing decision. While the judge felt punishment was warranted, he also wanted justice properly served.

So despite the government’s 51-60 month recommendation, the judge sentenced this doctor to just one day on each of the three counts – three days total. He allowed him to self-surrender and gave him six months home confinement instead of prison time. To say the family was overjoyed would be an understatement.

The point is, you can go back and face your fears of tough places and situations, as I did today. More importantly, if you prepare properly, work with the right team, and get the necessary support, you can overcome even the most challenging circumstances in your life, as this doctor did today. Stick with it, keep fighting, and you can get through this. I’m here if you need any advice along the way.

Leave a Comment