Federal Prison Guide for White Collar Defendants & Inmates
Printer / PDF Version: Federal Prison Guide for White Collar Defendants and Inmates
Introduction
It is unfortunate you have to serve Prison time. As a White Collar Felon, I was sentenced to 33 months (Plea Agreement: Wire Fraud), served 22 months (RDAP and Good Time) and have 3 years Supervised Release. Both my companies were closed down by the Government, and I am barred from Banking for 3 years. So, I understand what you are going through. I also hope you are able to use some Mitigation Strategies to lessen your potential sentence exposure. This Article on Federal Prison will give you a summary of the very detailed information contained in the FCDC Legal Book, The Federal White Collar Criminal Defense Guide, about what to expect, how things work in prison, and, most importantly, how you can benefit while serving time.
Note: The FCDC Section on Post-Incarceration covers the Halfway House, Home Confinement and Supervised Release.
Ø [You will be Fine!]
If you are like I was, you have no idea what to expect and probably expecting the worst! I can tell you unequivocally, if you are headed to Minimum Security, it isn’t as bad as you think, and safety wise, you will be fine (for higher Prison Security levels, you will have some more concerns but nothing you can’t prepare for and endure).
Ø [BOP Security Levels]
They start at Minimum Security and proceed as such:
ü Minimum Security
ü Low Security
ü Medium Security
ü High Security
ü Maximum Security
ü Super Max
Most convicted White Collar Defendants are headed to Minimum Security and preferably a Satellite Prison Camp. However, some White Collar Criminals may be designated to a Low or Medium Security Prison, depending on their Sentence Time, Security Points, Safety Factors, Case Circumstances, etc.
Designation Tip: Make sure your Attorney advocates at Sentencing to the Judge to include the specific Prison you wish to be designated in the Sentencing Judgment / Order. 85% of the time the BOP respects the Judge’s request if the defendant’s points and designation were calculated correctly by his/her Defense Team. If you qualify also ask the Judge to include an RDAP recommendation in the Judgment / Order.
Ø [White Collar Inmates]
About 10% of the Prison will be White Collar Inmates, and the remaining 90% will be drug related convictions. No violent backgrounds at the Minimum Security Level. Prison Culture takes a little getting used to, but you will manage. Just ease into it slowly. Upon my arrival to Prison Camp, all of the inmates went out of their way to help me – an added benefit of a small, cohesive Camp. Inmates take care of inmates – if you ease your way in slowly, you will quickly figure out who is genuine and not.
Ø [Patience & Humility]
Keep those two attitudes first and foremost in your mind and actions and you will have no problems. Prison can be loud and inconvenient – patience and humility will carry you through – after a month, you will be acclimated and adjusted.
Ø [Opportunity]
Ok, so you think I am off my rocker! Prison, an opportunity? If you embrace it as such and develop a Plan for self-development, then yes, it is an opportunity from which you will truly benefit. I did – I speak from experience. More on this later…..
Preparing for Incarceration
You will never be completely prepared for Prison, but you can certainly do a lot in preparation to ensure a smoother transition. Start off with a check list of things to get done before reporting.
Tip: If granted the Self-Surrender Privilege, ask the Judge for a self-report date well enough in the future so you can have things taken care of in your life prior to departure.
Ø [Wills / Trusts / Power of Attorney]: Get your Legal & Financial Planning done so your family and life can carry on in your absence.
Ø [Advisory Team]: I come from a Financial Planning, Business Planning and Finance background, so I know the advantages of an Advisory Team. At a minimum you need to have an Attorney, Accountant (CPA) and Financial Planner (CFP) retained as an Advisory Team to handle financial and life matters in your absence. Things to consider:
ü Legal Entities: Trust, Corporation, Partnership, LLC, etc.
ü Bills: So your family won’t be burdened with this.
ü Finances: i.e. complete Personal & Business Financial Plans.
ü Taxes: To ensure payments are made.
ü Emergency Contingency Plan: For unexpected events.
Ø [Business Management]: If you have a company, you need to decide if you will continue the business. If so, set up a Business Plan and Business Continuation Strategy. As a 20+ year Veteran Business Consultant and Biz Owner, I suggest you give consideration to the following business areas:
ü Leadership
ü Business Planning
ü Hire an Experienced Business Consultant
NOTE: Federal Criminal Defense Consulting, LLC (FCDC) offers a Hybrid & Seamless Legal and Business Consulting Solution for White Collar Defendants. Please consult our Services Section for more information on our Combination Packages.
Ø [Counseling]: I highly recommend getting counseling for yourself, your wife (girlfriend) / husband (boyfriend) and kids. Federal Investigations, Trials & Sentencing to Prison are very stressful on everyone. Counseling really helped me vent and work through the stress and issues.
Ø [Family]: Spend as much time with them as possible. The most precious gift you can give them during this hardship is your time – this goes for the time previous to reporting in Prison and while at Prison. Don’t shut them out!
Self-Surrender & Transfer
During Sentencing request the Self-Surrender Privilege. Otherwise, you will experience Diesel Therapy where the U.S. Marshalls and BOP will run you all over the Country, from Holding Facility to Holding Facility, until months later, you end up at your Designated Prison (FCDC Legal Guide goes into more graphic detail).
Ø [Transfer]: If you are already detained or incarcerated, then you can request a Transfer Furlough, which allows you to take a regular bus to your designated Prison. Note that this does not apply if you are already in a Holding Facility. Offer to pay for the furlough cost as a good will gesture.
Ø [Self-Reporting Date]: If the Judge grants you the Self Surrender Privilege, you will be given a date and time to report to Prison. You may not know what Prison you’ve been designated to until a few days prior, so make sure you have your ducks in a row prior to the date! Even if the time to report is say 2pm – 5pm, make sure you report by 9am. Why? Most services, i.e. Uniform Issue, shut down by then. You want to be able to get everything you need and be settled in- makes the first night much easier.
Ø [In Take Process]: Upon reporting to Prison, you will be processed. You get an ID, go over Medical issues, financial issues, etc. This is why the Pre-Sentence Report is so important and needs to be accurate. Some Self-Reporting Tips:
ü Leave your wallet, drivers license and watch at home.
ü Bring $300-500 cash with you.
ü Bring any emergency medication but all medications will be filled upon your In Take.
ü Bring good prescription glasses with you as Prison issue suck!
ü You can wear your wedding band.
ü If you have Sleep Apnea, you can arrange to bring an approved breathing machine.
ü Bring copies of your prescriptions.
ü From home, send yourself a letter with your important documents (you can get your Inmate Number and Prison Address on the BOP website).
ü Take with you a list of phone numbers, addresses and email addresses.
First Days in Prison
Admissions & Orientation will last about a week or two and acclimates you to Prison Life. Just take things slow and easy – be patient!
Some Key Tips:
ü Ask some of the “seasoned” Inmates any questions you have – you’ll find them very helpful.
ü Be respectful of those around you and respect their Privacy.
ü First day:
· Go to your Counselor and fill out your Visitor, Phone and Email Forms (some may be automated on computer at your facility). Inmates can tell you where to get these forms.
· If qualified for RDAP, put in a Staff Request (called a Cop Out) to the Drug Counselor, Treatment Specialist, Psychology Department requesting an RDAP Interview.
· Go to Commissary as soon as you can to get some comforts.
· Read the entire Rules Handbook.
Prison Life
As a White Collar Felon I served 16 months in two minimum security Prisons and 6 months in a Halfway House. So this section on Federal Prisons comes from personal experience. In my book, The Federal White Collar Criminal Defense Guide, I interviewed numerous inmates, tapping their and my own experience, to provide an insider view of Federal Prison.
Ø [Preparing for Prison: What you Need to Know About Prison Life]
ü Commissary Monthly Purchase Limit: $290
ü Recommended Commissary Items: In the FCDC Legal Guide I have a specific list of items totaling @ $350 which you should buy in the first two months so you can be comfortable. I highly recommend buying the items new through the Commissary instead of used from another inmate. The most important item is a Sony Walkman radio so you can listen to Music and News.
ü Money: Bring $300-500 in Cash with you when you report to prison. Don’t bring a check or money order because they take weeks to clear your account. Have someone set up on the outside to send you money via Western Union Wire, and it posts to your account immediately. Can send WV from its website – very convenient. All the Person sending the WU needs is your Name and Inmate Number.
ü Monthly Budget: $290 is the monthly limit for Commissary. $200 a month worked fine for me. Some other areas you’ll need funds for:
· Email: $.05 / minute. Really convenient to be able to email people. Most Prisons have this service now. $20- 30/ month for heavy email usage.
· Phone: A fifteen minute call costs about $3.60, and the limit is 300 minutes per month. You can get Discounted Phone Services for people you call often where you call them collect and their account is debited automatically (more expensive).
· Laundry: Some prisons charge for you to use the laundry machines in the living units; some don’t charge. Either way, don’t send your laundry to the Prison laundry! $12 per month will take care of your laundry needs if there is a charge.
ü Prison Issued Clothing: You will be issued uniforms, boots, undershirts underwear, socks, towels, linens, gloves a knit cap and a winter jacket. Make sure they all fit ok!
ü Financial Responsibility Program (FRP): If you have Restitution, you’ll be required to make payments in prison. My total income per month was $220, and my Restitution, based on the income amount, was $25- 30 per month. Make sure you pay it!
ü Mail:
· The Institution Address will be on the BOP website. Add your Inmate Number, and if you are at a Camp, put Satellite Camp under the Institution Name.
· If someone sends you a large package, I recommend using the Postal Service’s Priority Mail.
· You can receive paperwork, newspapers, magazines and soft cover books. Hard cover books have to come straight from a Publisher or Bookstore, like Amazon.com.
· Magazine.com is a great site for someone to manage and send you subscriptions.
· Attorney Mail: Needs to say “Special Mail – Open only in Presence of Inmate”, stamped on the outside of the envelope in order for it to remain confidential.
ü Communications: All mail, phone calls and email are monitored. You can arrange for a non-monitored attorney call through your Counselor, but it is inconvenient. You can speak to your attorney about most anything anyway on the monitored calls. It’s Not like the BOP doesn’t know about you and your case.
ü Schedule: Outlined in detail in the FCDC Legal Guide.
ü Call Outs: Scheduled appointments you have each day, if any. Posted in the Unit after 4pm for the next day.
ü Job: You’ll make @ $20 a month starting out. Unicor jobs pay $80- $150 per month. See my book, The Federal White Collar Criminal Defense Guide, for more details on the best jobs to have in Prison.
ü Housing Unit: You will probably have a cubicle, sharing with another inmate (maybe a room, depending on the Prison). You’ll have a stand up locker, maybe a foot locker (in addition), a desk and bunk bed. Inmates over 50 years in age and those that been “down” (in prison) a while receive bottom bunks. For more insider details on the Prison Housing Unit, see the FCDC Legal Guide.
ü Food: The Institution food can be bearable and it can be bad. Supplement with Commissary, and you’ll be ok. You can apply for a Religious Diet, which is the most nutritious food offered, with the Chaplain. It is called Common Fare. The FCDC Legal Guide has a sample Commissary Sheet in the Appendix.
ü Staff Request: This is a Form to request something from a Staff member, called a “Cop-Out”. Use the words “Respectfully Request” and “Thank You”, and you’ll get a better and faster response.
ü Recreation & Hobby Craft: There is a host of activities to be involved in – see the FCDC Legal Guide for a complete listing.
ü Corresponding with Another Inmate: Only allowed, with permission, if the inmate is a family member or a party in a common legal action.
ü Visitors: Upon arrival to Prison, fill out a Visitor Form and mail to your prospective visitors. The visitor will undergo a background check. Immediate Family is allowed to visit before the Visitor Form is completely processed. Visiting is usually on the weekends Fri- Sun. Visitors can bring up to $20 in quarters so you can purchase food in the Visiting Room’s vending machines.
ü Prison Staff: Refer to the FCDC Legal Guide for a complete listing of Prison Staff, and who to go to for certain issues.
ü Prison Rules: Be sure to read all the Prison Rules in your handbook upon arrival. Even if you think a Prison Staff is wrong, follow the orders. Know where the Out of Bonds areas are; there are no fences for Minimum Security.
ü Good Time: If you serve your prison time without a major infraction, you’ll receive about 15% per year off your sentence as Good Time.
ü Microwaves: In the Housing Unit to prepare Commissary Food.
ü Do’s & Don’ts in Prison:
· Sharing Personal Information: Don’t get too personal with inmates. Over time you’ll determine who to share a little more personal info with.
· Dealing with Other Inmates: Patience, humility and courtesy. Respect other’s privacy (the little that there is). Reserve judgment. Be courteous of your neighbors. Find a fellow Inmate who has been down a while for a sounding board.
· Self-Reporting Early in the Day
· Read all the Prison Rules & obey them to preserve your Good Time.
· Dealing with BOP Staff: Listen. Be professional. Don’t be demanding – be courteous. Don’t get personal or on a friendly status with them.
§ Understand some staff will be unprofessional but most will be professional.
§ Do what they say even if you think they are wrong.
· Mind you Own Business: This is a Key one!
· Keep all Receipts, Records & Inventory Sheets
Note: Inmate Rights are listed in the Inmate Handbook, as well as, in the FCDC Legal Guide.
Ø [Emergency Notification]: Family can call the institution to inform you of an Emergency and should provide your Inmate Number, the Afflicted Family Member, Name of the Hospital or Funeral Home and a telephone number. This information will be given to the Institution Chaplain who will notify the Inmate, and give the Inmate an opportunity to call family. Whether or not You will be granted a Furlough to attend the Funeral is up to the Warden. Having Community, instead of Custody, status helps – ask you Case Manager, what your status is. Post-Conviction Representation is important to have set up to deal with these unexpected events.
Ø [Religious Programs]: Most denominations and religions are represented.
Ø [Psychology]: You will be screened by Psychology Services during your Intake & Orientation. Psychologists are available for individual counseling. To request a session, put in a Cop Out to the Psychology Department.
Ø [Medical]:
ü PSR: Extremely important your Medical History and Needs are well documented in the Pre-Sentence Report. Refer to The Federal Legal Process and Sentencing Sections for more information on the all important PSR.
Note: A Sample PSR is contained in the Appendix of the FCDC Legal Book: The Federal White Collar Criminal Defense Guide.
ü Eye Glasses: Bring a good pair with you!
ü Medical Care: This is handled extensively in the FCDC Legal Guide – here are some tips:
· Be Patient & Courteous with Medical Staff. Be nice to them! (Everyone else isn’t and they’ll appreciate it!) Get to know them. They’ll remember you.
· The Third Time is the Charm: For most ailments, it takes three complaints before serious Medical care is implemented. Be persistent but don’t lose your cool or be disrespectful – that will only delay the process more.
Note: I used the aforementioned methods and never had a problem with Medical. You will find that Inmates who have problems with Medical are often arrogant, demanding and disrespectful to the staff.
ü Health Care Rights for Inmates: Listed in the FCDC Legal Guide.
Ø [Education]: For White Collar Inmates there won’t be much offered in terms of Education that will benefit you. However, take some Institution classes so it will look good on your record. You can also get Correspondence Courses and Degrees while in Prison, as well as, self design a curriculum of books to be sent in. While in Prison, I earned my Paralegal Degree; earned three Graduate Level Legal Certificates in Criminal Law, Business Law and Civil Litigation; Read and studied Advanced Business Books; and completed a self-designed Agricultural Program. This is a great time for self-improvement! Seize it! (And make your Prison-Time FLY!).
Ø [Law Library & Legal Research]: Provided in each Prison.
Ø [Leisure Library]: Ditto
Ø [Prison Lingo]: See the FCDC Legal Guide.
Family Life
Ø [Get some Counseling]: This really helped me, and if you have family, you owe it to them and yourself. It also becomes an excellent outlet for your wife (significant other) and kids while you are in Prison. Counseling also helped me make plans for self-improvement during my incarceration. Intensive Counseling really paid off for me before I reported to Prison and was a great avenue if needed in Prison.
Ø [Family Communications]: A lot of the Federal Prisons now have email and that is a blessing. Email kept me in daily contact with my loved ones. Phone calls only last 15 minutes and are often inconvenient. Email is just the opposite. The most successful inmates in Prison in terms of family relations are those that write lots of letters – it keeps you connected and grounded.
Remember This: Incarceration is harder for those on the outside than you, the Inmate. Be supportive of your friends and family and try not to wallow in self-pity. Having an Incarceration Plan and staying busy goes a long way toward pity avoidance.
Ø [Visitation]: Visits are for your family and friends, not for you! If they want to come see you, let them. It is a big mistake to prevent or discourage friends and family from visiting you in Prison. It helps them considerably (even though it may be tough on you).
Ø [Advocacy]: As an Inmate, it is a good feeling and makes plenty sense to have a Legal Consultant with Prison experience on retainer. Also, having someone on the outside who understands what you as an inmate is going through, can be a great outlet for your family’s concerns and questions. Ministry or Therapy Group Affiliations on the outside can also be great for your loved ones.
Legal Representation
It is extremely important to have a Post-Conviction Law Firm retained prior to entering Prison and preferably in the earlier stages of the Federal Legal Process. They should have experience and qualifications in Designation and Incarceration. This is a good insurance policy, one you may not have to use a lot in Prison but there if needed. Having an Expert Post-Conviction Firm retained really was helpful to me as an Inmate. A Post-Conviction Firm can also handle any Appeals or Challenges for you, as well as, offer Plea Agreement and Sentencing Expertise earlier in the Legal Process.
Incarceration Plan
[Purpose]: Having purpose and a plan in Prison is an absolute must. Otherwise, boredom and self-pity kick in. This is the only time in your life when you don’t have all the complications and duties in life to distract you. Do something special with your time!
I did not want Prison to be a lengthy, negative experience, so I put together my goals and made a plan. You will be amazed how much you can accomplish, and how quickly the time will fly by, if you have a plan, ready to implement and in place when you report to Prison.
Some of the things I accomplished in my Plan over 16 months in Prison:
ü Wrote a Business Planning Book
ü Wrote a Business Success Guide
ü Wrote a Federal Legal Defense Guide for White Collar Defendants
ü Wrote over 30 Business Articles
ü Designed three websites
ü Wrote a couple Business Plans
ü Read & Studied over 25 Advanced Business Books and 20 Legal Books.
ü Earned my Paralegal Degree
ü Completed Paralegal Graduate Certificates I in Criminal Law & Procedure, Business Law and Civil Litigation.
ü Studied a self-curriculum of Agriculture subjects
ü Wrote Legal Articles
ü Read books on Self-Improvement
Hope this list gives you some ideas……For ideas on Developing an Incarceration Plan, please consult the FCDC Legal Guide.
Conclusion
Prison time is incredibly stressful on you (the inmate), your wife / significant other, your kids, family, friends – everyone who cares for you. It is my hope that you can benefit from my experiences in Prison – I hope my experience makes it a little easier for everyone. You can benefit from the Prison experience as well – I certainly did! It’s all about mindset, goals and positivity. God speed & God Bless…..
This Article was written by a White Collar Defendant and previous Federal Inmate who is now a Legal Consultant for Federal Criminal Defense Consulting, LLC. Please be sure to read about his Legal Saga and Expertise.
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