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Federal Prison Expert, Geoffrey Mousseau, was asked during a radio interview this morning, whether he negotiated with the Bureau of Prisons on behalf of his clients.

Mr. Mousseau’s responded emphatically. 

No. 

Mr. Mousseau reminded the audience that the BOP is in control of inmates.  Inmates do not negotiate with the BOP.  Instead, an expert federal prison consultant teaches his clients how to navigate through the prison mine field. 

The goal is to get the client to the other side of the mine field.  The client needs to know where the mines are.  And the client must have the utmost respect for the mines, remembering that, while he traverses the field, the mines are in charge. 

Mr. Mousseau noted that his role is not political, nor is he providing legal advice.  The prison consultant does not deal with issues of guilt or innocence.  The prison consultant provides information to his client, their family and the defense team.  The primary objective is to inform and educate, to demystify this otherwise frightening experience.  

The prison consultant makes sure that his clients know what programs are available while in prison so the client is prepared to use those programs to return the client to his family, and to his life, as soon as possible.  The clients of an experienced prison consultant will know in advance about rules, socialization, what to expect, and how to avoid costly mistakes.

As a nation we are sending people to prison at an alarming rate.  Even as crime rates decline, prison populations continue to increase.  One consequence is the likelihood that the prison experience will touch more of our lives.  As this happens, more people will rely on prison consultants to help them navigate through this process.

This service was formerly available only to the wealthy.  Now, because of companies like White Collar Sentencing Consultants, Inc., this critical knowledge is attainable to almost everyone.  Learn what you need to know before it is too late.

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In a recent commentary in the Fort Lauderdale Sun Sentinel a leading Federal Prison Consultant responded to an editorial titled, “Inmate deaths: Lengthy appeals process the real problem”. The author of the editorial, Assistant Chief of Police and head of the Operations Bureau, Al Ortenzo, also indicated that the level of healthcare in federal prison is far better than the inmates received in the outside world. The consultant’s response was a resounding “no”.

The consultant was in total agreement with Mr. Ortenzo’s opinion that the appeal process seems overly burdensome in our court system. He also agrees that Death Row should be a short term holding facility but only after all exhaustive attempts have been made to ensure that real justice has been afforded each prisoner. He went on to say, “I assume, after reading Mr. Ortenzo’s article that he is a proponent for the death penalty. I myself, am not against the death penalty, when it is clearly determined that the individual who is about to die really did the crime.”

In his article, Mr. Ortenzo states, “Each and every case, no matter how egregious the crime, certainly deserves several layers of careful and exhaustive reviews.”  Unfortunately, that is currently not happening. With the advent of DNA testing, many wrongfully incarcerated individuals are being proven innocent and being released from federal incarceration. The Innocence Project alone on April 23, 2007 exonerated its 200th inmate who was wrongfully convicted based on eyewitness identification through misidentification. Mr. Jerry Miller was exonerated through DNA testing and DNA evidence.  He had always maintained his innocence but to no avail. Fortunately, he was released after serving 24 years in federal prison. Jerry Miller lost nearly his entire adult life because of a wrongful conviction. He didn’t go to the death chamber, he didn’t lose his life.  Yet how many innocent individuals have gone to the death chamber before DNA testing could prove them innocent? We will never know, but even one is too many.

In cases where the accused admits guilt to the crime and there can be no possible mistake as evidenced by DNA testing, the death penalty may be warranted. But until that happens, we cannot say that several layers of careful and exhaustive reviews have taken place.

Mr. Ortenzo also states, “Studies show that all prisoners, including those on death row, typically receive a far better level of medical care from taxpayers than they would otherwise have provided for themselves outside the prison walls.”  Unfortunately, this also is not the case. I doubt that Mr. Ortenzo has ever been incarcerated in a federal prison. I have. http://jailtimeconsulting.com/index.php After nearly 36 months in both a Federal Prison Camp and Federal Correctional Institution in Miami, Florida, I can assure you that the medical care in the Bureau of Prisons is pathetic, appalling and inexcusable. There are many federal prisoners serving sentences far less than death row inmates. Many have been convicted of crimes much less severe than those of Death Row inmates. I had far better medical care before my imprisonment as did many of the other white-collar inmates who were there during my incarceration.  Studies can be made to say anything the author directs or distorts them to say. Although this is unfortunate, it is true.

The federal government recently spent billions and billions of taxpayer dollars to bail out the banks, auto manufacturers, investment firms, and Wall Street companies in a matter of weeks if not days. The executives of these companies are not even in federal prison for their mismanagement and crimes. Yet, the federal government and the Bureau of Prisons cannot see to it that individuals incarcerated in federal prison, regardless if they are on death row or not, are provided even minimal standards of healthcare.

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A Federal Prison Consultant who advises white collar defendants on how to prepare for their prison terms predicts that many people in the financial sector will be indicted. 

Geoff Mousseau, owner of White Collar Sentencing Consultants, Inc. in Los Angeles, stated his opinion at a meeting last evening. 

Given the magnitude of this crisis and the need for government intervention to stabilize the financial markets, it is no surprise that criminal investigations have commenced.  It is also fair to assume, for these same reasons, that charges will be filed against many, many individuals from this industry. 

Unlike the fallout from the stock option back-dating scandal two years ago, where experts incorrectly predicted a wave of criminal prosecutions, the targets of the current investigations are of a lower profile and have much less political clout.

The targets of the new investigations should be concerned about the threat of substantial prison sentences.  Current federal sentencing law has evolved modestly during recent years as a result of Supreme Court cases.  These Supreme Court cases permit federal trial judges to have more latitude when issuing criminal sentences.  In practice, however, most judges issue sentences that are very close to the terms prescribed by the Federal Sentencing Guidelines. 

The sentences prescribed by the Federal Sentencing Guidelines for white collar offenders depend heavily on the amount of money involved in the case.  For example, if two defendants are both convicted of fraud, the person who obtained more money from his fraud will receive a longer sentence.

And the amount of money involved does not need to be proven beyond a reasonable doubt for purposes of sentencing.  The evidentiary standard is lower than what is normally required for proof in a criminal case.

The current financial crisis involves amounts of money that are unimaginably large.  For this reason alone, the people charged with crimes arising out of this crisis will face the threat of prison terms measured in decades, rather than in years.

This threat has other ramifications as well.  One of the factors used by the Bureau of Prisons when it assigns inmates to prison is the length of the sentence.  Under the BOP rules, anyone who receives a sentence longer than 10 years will not qualify to go to a prison camp.  They will be assigned to a prison will cell-blocks, bars, and razor wire fences.

What do you do then if you are a subject of investigation as a result of the financial crisis?  Cooperate.  Assemble a competent legal defense team consisting of attorneys, economists and sentencing consultants.  Prepare for your negotiations with prosecutors like you were negotiating for your life, because you will be.

Mr. Mousseau and White Collar Sentencing Consultants, Inc. can be reached on the web at FederalPrisonInc.com. 

One measure on the ballot in California this year would reform the way non-violent drug offenders are treated by the criminal justice system.  In a state that has routinely increased criminal penalties, this measure is seen as a major departure.

This measure is not endorsed by members of the criminal justice system.  For example, Los Angeles County Superior Court Judge Michael Tynan said the measure would be like throwing money down a rat hole.

California’s nonpartisan legislative analyst reports that costs over time associated with the measure, estimated at up to $1 billion, would be balanced by an equivalent amount of savings by reducing incarceration.

The measure would direct most non-violent drug-related offenders to treatment, rather than prison.  The measure would also require increased levels of treatment for those already incarcerated.  And the measure would revamp the parole system, reducing parole lengths and making it more difficult to return parole violators to the prison population.

This measure should be followed closely by the feds.  A substantial amount of federal criminal resources go to fight drug-related crime.  If non-violent drug-related offenders were provided treatment in the federal system, rather than incarceration, inmate populations would decrease.  More importantly, society would benefit if drug addiction was treated rather than criminalized.

Geoff Mousseau normally writes about white collar issues.  However, many criminal acts are either fueled by drugs or motivated by the need to buy drugs, even when the person is a stock broker, lawyer, or politician. 

Sometimes we need to take a critical look at whether policy choices are working.  Has the criminalization of non-violent behavior resulting from drug addiction lead to a reduction in drug addiction?  Has this policy really provided a benefit?  Unless the answer to this question is a resounding yes, then we should be open to alternatives.

The measure currently on the California ballot is an alternative worthy of consideration.

Geoff Mousseau can be found on the web at FederalPrisonInc.com.

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