White Collar Crime Sentencing - (5K1 Letters, Cooperating, Rule 35)

White Collar Crime Sentencing - Part 1 (5K1, Cooperation, Rule 35)
• White Collar Crime Sen...
Prison Consultant, Justin Paperny speaks with Former U.S. Attorney and White Collar Defense Attorney, David Rosenfield on cooperation agreements, 5k1 letters, Rule 35s and more. If you are facing a sentencing or if you are considering working with the government this video will help you prepare to get the best possible outcome at your sentencing.
Questions for Prison Consultant, Justin Paperny - 818-424-2220
Questions for Defense Attorney, David Rosenfield - 212-592-1513
Justin Paperny: White-collar crime sentencing. There is a variety of ways to get the shortest possible sentence and one of those could include 5K1s and cooperation and working alongside the government.
Hello everyone. My name is Justin Paperny with White Collar Advice, and today I'm going to speak with and interview my colleague and friend David Rosenfield, who is a white-collar defense attorney with Herrick Feinstein in New York. So, welcome David and let's jump right in with your experience and some thoughts on what 5K one letter is, and how that could help white-collar defendant at their sentencing.
David Rosenfield: Well, thanks. Thanks very much.
White Collar Crime Sentencing
Justin Paperny: Of course.
David Rosenfield. I appreciate it and I am happy to be here. a 5k1 motion is a motion by the government to recap a defendant sentence reduced by the judge below the sentencing guidelines range. So, today well the guidelines are mandatory. The must be considered by a sentencing judge and there will be a guidelines range with a minimum and a maximum that are established through a point system. If a defendant provides a substantial assistance to the government in cooperation, the government will file what was called the 5k1 motion or letter with the court asking the court to reduce the defendant’s sentence below the minimum guidelines range.
White Collar Crime Sentencing
Justin Paperny: So, knowing that getting this 5K1 letter can really help, who is the government most likely to offer cooperation to? I’ve worked with cases you know; there is 10-15 defendants in a case. Sometimes it’s the most culpable person they find first and offer deal. Sometimes it’s middle to the end of the line. Does the government care which one it is? Maybe one had more criminal intent than someone else. Do they care, or are they looking for someone, you know, come in and talk first? What’s your experience?
White Collar Crime Sentencing
David Rosenfield: Well, what the government usually wants is they’ll start with the lower level people that are involved in a criminal activity and trying flip them, if you will, to provide evidence against the higher up people in the criminal activity. So, the first thing they’ll do is trying to look at lower and mid level people. People of the very top of the criminal activity often have no cooperation to give, because they are at the top of the chain. So the government is not interested to know. As for the others, the first one in is the one that almost always gets the best deal. So, there is a time to race to the prosecutor’s office. At the beginning there is a series of potential defendants to get in there first and get the best deal.
White Collar Crime Sentencing
Justin Paperny: Okay. To those defendants watching, or those who are learning that they might be under investigation, I’ve been called before and asked if I’m going to judge them if they cooperate, or if they choose not to cooperate, and our job isn’t- David as a defence attorney, and I as a consultant isn’t to judge you per say, but rather to present you the pros and cons of cooperation; how that could impact your in-game.
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White Collar Crime Sentencing

[@SicarioEsco]

5k only got 5k views 😂😂

[@WhiteCollarAdviceOfficial]

I’m grateful for every view!

[@SicarioEsco]

@@WhiteCollarAdviceOfficial nun wrong with it isn't it weird tho , the numbers are similar ? 😂

[@byungpark7170]

Volume please...

[@joeydaniels9161]

Turn up the volume!

[@WhiteCollarAdviceOfficial]

Yes, you are right. Not the best microphone for the interview. It gets a little better as the interview gets going. Thanks for checking out.

[@bwoody9279]

Personal 5k1.... Morally out of the question... Why do 5 when you can give a friend 10 that's bull. Man up you did the crime do the time!

[@GideonHawk-j8i]

Friend did the crime too