I was concerned for Andrew because a federal statute (Title 18 of the US Code, Section 1001) criminalizes the act of providing false statements to any federal law enforcement officer. Andrew knew that he provided cash to his wife, but he provided the cash in an effort to conceal the currency from the court. If authorities were to discover that Andrew had misled them, he could face additional criminal charges. I’ve met too many people in prison who dug themselves into deeper problems because they didn’t understand the severity of the criminal justice system.

The Fifth Amendment of the U.S. Constitution may protect a citizen from self-incrimination, but it does not protect those who lie. Individuals who make the decision to speak with any law enforcement officer or submit any type of documentation to a law enforcement officer should be aware that providing misleading information could be a violation of law. When I pointed that law out to Andrew, palpable waves of anxiety suddenly washed over him as he ran his hands through his hair.

Individuals who become ensnared in the criminal justice system face a real struggle. I may be coming to the end of my time in prison, but I am preparing myself for a lifetime of close scrutiny. I anticipate interference from those who will supervise my release, and perhaps from many citizens in society. I expect to live under a microscope when I’m released, but my decades in prison have prepared me for the challenges I know I’ll face.

It would be wise for anyone coming into the criminal justice system to consider the law and to avoid making decisions that could expose them to future problems.

The post Andrew’s Potential Problem: Lies and Deception May Bring New Criminal Charges appeared first on Prison News Blog.

A writ is the equivalent of a subpoena, meaning it’s a command by a court to make an appearance. Since prisoners can’t leave the institution to make an appearance voluntarily, courts issue writs for any number of reasons that instruct authorities to deliver the prisoner.

In many cases, courts issue writs at the request of prosecutors who want the prisoner to testify before a grand jury or perhaps to offer testimony in a criminal trial. In Ben’s case, the writ was for more troubling reasons. He expected to face new criminal charges for a case that was unrelated to his current nine-month sentence.

Ben has a problem that other defendants should be aware of as they proceed through the judicial system. When Ben pleaded guilty to his initial offense, he made a statement of remorse to the probation officer. As part of that statement Ben said that he regretted the crime he had committed, assuring the government that the crime was an aberrant act—one that he had not committed before and one that he would not commit again. The court imposed a lenient sentence because of Ben’s compliance in that case. As events turned out, however, Ben wasn’t completely candid when he expressed his remorse.  Had he been honest about all of his criminal involvement, the government might not be uprooting his life now to compel his appearance for a new set of criminal charges. When Ben faces prosecutors for the second time, they may not be so inclined to treat him leniently after his lack of forthrightness about all of his criminal conduct.

When defendants meet with defense attorneys to resolve criminal charges, it is wise to reveal everything to the attorney and to seek guidance on how best to resolve all criminal problems at once. The stress that comes with criminal charges is bad enough to face the first time, but going through that stress a second time is devastating—especially when the prisoner thinks all of his problems are in the past.

Because of the new criminal charges, Ben will be taken out of Taft Camp, locked in shackles and chains. Authorities will transfer him to a federal holding center. He may waste months in limbo as the legal process works itself out with plea hearings, findings of fact, presentence investigations, sentencing, and a return to prison. Weeks will pass, filled with uncertainty. I’ve gone through it before and my advice would be that defendants try to resolve all criminal problems at once so they can begin the healing process that I describe throughout my published writing.

The post Ben’s Problem: Going Back to Court For New Criminal Charges appeared first on Prison News Blog.

http://www.huffingtonpost.com/michael-santos/what-happens-to-cameron-d_b_558229.html

The post Cameron Douglas’ Prison Sentence appeared first on Prison News Blog.

 It’s 3:30 on Wednesday morning as I write this entry. I’m in the room where I begin every day, watching as Dave walks on the concrete pathway that leads to the Control Center of Taft Camp. Dave is being released from prison, and in a few hours the guards will finish processing him, allowing him to walk out of prison. I wonder whether he will succeed with his re-entry to society.

Last week Dave told me about his case. He was my age and he graduated with a degree in marketing from UCLA. For the past 20 years he had a career in advertising. But Dave developed the habit of using methamphetamine when he was in college, and despite his successful career as a corporate executive, he never stopped using meth.

Dave said that he would buy meth in small quantities a few times every month. He had been using the drug consistently, but insisted that he was a social user, not an addict because he was able to function. Dave’s problem with the law began when he made an introduction between two meth users. Although Dave did not profit from the introduction, he knew the two users he introduced would conduct drug deals. That knowledge made him part of a drug conspiracy, and after he was convicted, a judge sentenced Dave to serve two years on prison.

Dave’s problem with the criminal justice system had roots in his drug use. As a consequence of his conviction he lost his career, his home, his car, and everything he owned. Dave said that when he walked out of prison he wouldn’t have any money, any job prospects, or any idea where he would live. He said the corporate world would be closed to him forever because of his felony conviction, and Dave had no idea how he would establish himself when he returned to his Southern California community.

The most troubling aspect of Dave’s return to society was his reluctance to renounce drugs. He said that as a social user, he was capable of controlling his meth habit. I told him about all the people I’ve met in prison who made the same statement, but Dave insisted that he had been controlling his habit for 20 years.

When I hear stories like Dave’s I gain further clarity on why our prisons will always be full. The two years that Dave served in prison were likely the first step. I expect that he will face extreme difficulties in finding stability. Those challenges will lead to severe blows to his self esteem, and emotional disturbances will lead to increased drug use. The cycle of failure has just begun for Dave, and although he walks out of prison this morning, I expect he will return.

Later this morning, when the guards open the dormitory doors, I’ll go outside to exercise—a 10-mile run. I’m scheduled to speak at a high school with TOAD (our youth outreach program) later so I won’t include any strength training today.

[consecutive running log: 3,840 miles over the past 432 days]

Wednesday, 17 February 2010

The post Why Prisons Will Always Be Full appeared first on Prison News Blog.

Bam has listened to a number of my presentations at Taft Camp–I often speak to groups of at-risk youth, and I teach a class on setting goals and success strategies. He recently approached me expressing an interest in reforming, in changing his ways to become a responsible member of society. I spent several hours with Bam, mentoring him on steps he can take now that would prepare him to overcome the challenges that await his release.

It’s not easy to convey the message of responsibility to former gang members. People who made allegiances to crime have a hard time connecting the relationship between their criminal decisions and the type of people they’ve become. To help Bam, I suggested that he read a booklet I wrote that describes the stories of other prisoners who reformed their lives—some of whom are also former gang members I mentored. Once he finished reading the booklet, I asked him to write a biography.

Bam surprised me by writing more than 20 pages describing his background prior to prison, the decisions that brought him to prison, and the motivations that influenced his early adjustment to prison. I appreciated his honesty, and we spent three hours talking about the connection between his decisions and the struggles he’s faced in his life. 

Part of the mentoring process is to help Bam envision the many ways his life would improve if he acted more responsibly. He needs a reason to make the personal investment, and visualizing how much better his life could become is the first step toward that investment in introspection. After we talked about his past, I suggested concrete steps he could begin taking to extricate himself from the cycle of failure that holds so many prisoners.  

Like many prisoners, Bam needs hope. Without hope, he won’t see the reason to change. Mentoring prisoners like Bam is part of my personal commitment, and I take the responsibility seriously. I hope that Bam will commit to changing his life.

The post Bam appeared first on Prison News Blog.

Although Jeff did not want to reveal too much personal information, he responded to questions from Professor Schrenkler’s questionnaire on ethics. His answers follow:

Ethical Development: 

1. Do you feel you had/have a good understanding of your core values? How did those core values guide your decisions while on the job?

I do not believe I had a sense of my core values at the time I committed my crime. I had been raised with values, but they were not “core” in that they did not pervade every aspect of my life. While on the job I used values that were what I thought the accepted values in business. These were values I had seen my supervisors use and seen other people use on me over the course of my professional life.

2. What was the most important aspect of a career in business for you? (bottom line, wealth challenge, etc…) What motivated you the most while working for your company?

For me the most important aspect was wealth. I was motivated by getting a better role within the company or getting a better job outside the company.

3. Who do you think is responsible for the ethics of a company?

I think the leaders of a company are responsible for the ethics of a company. If the leaders are the Board, officers, upper management or whatever, it’s the people who make the decisions. However, every person is responsible for their own ethical behavior. If your morals differ from what you see practiced around you, you need to probably find another job.

Ethical Decision Making:

4. Did you have a written code of ethics at your company? If so, did you base your decisions around those codes?

I do not recall a written code of ethics at the company when I committed my crime. In my opinion I saw a lot of unethical behavior as the norm.

5. Did you believe that your business decisions followed your particular company’s core mission, vision, and values? Explain.

To answer that, I would have to know what my company’s mission was. I suppose it was to provide good customer service, and shareholder value. I was trying to earn a higher yield for my company, but I invested in something that was outside the investment policy. I suppose I could argue that I was making decisions that fit with the mission, but the decisions did not fit with my values. I should have seen that and reevaluated if I was working for the right company.

6. Did you think you should have been held to a higher ethical standard, given that you were in a position of great power? Explain.

The prosecution certainly felt I should be held to a higher standard. I felt more like I was the scapegoat for people who had more power that failed in their ethical duties. It’s easy to blame someone lower than you, but it takes some moral fortitude to take responsibility for the errors of someone you supervise. I made mistakes, but it was impossible to make them completely on my own. Yet, that’s how it was painted by the company and the prosecution.

7. Do you feel your employees were equipped to recognize and resolve ethical dilemmas? Explain.

In the company I worked for employees and supervisors were not equipped to resolve ethical dilemmas. That seemed to be something reserved for Human Resources and I don’t think they always resolved things ethically. Resolution to them was to avoid litigation.

Corporate Environment:

8. Please explain the corporate culture within your company during your involvement.

In my opinion the corporate culture was convoluted. Regularly during audits I recall people hiding information from auditors and only providing to the auditors was they specifically requested. I recall issues that involved employees that I supervised being handled with very little concern or compassion for the employees, again, with the objective being to avoid any possible litigation. I saw bad decisions being made that were explained away by upper management and bad decisions by lower level management punished with termination or with the common practice of making the job so miserable the employee would quit.

9. Is it possible to have a very aggressive corporate culture, yet foster an ethical environment?

First, a company has to define what ethics, integrity, honesty, etc are. If you say that you won’t break any laws, then I would say that your ethics are the bare minimum. I’ve seen a lot of unethical behavior that was legal. If you say that your ethical standards are to follow the golden rule, Do business the way you would want others to do business, your company will probably fail. Unfortunately, the best check and balance on capitalism is morality. Laws can only do so much to prevent unethical business practices. I would say that you cannot have a “very aggressive” corporate culture and foster an ethical environment. This is not to say that you cannot have a profitable company without ethics.

Reflection/Advice/Future:

10. If you could choose to redo anything, what would it be?

I would have pursued the right thing rather than pursue money, success and a higher paying job.

11. Do you think anything good came out of this?

I suppose that there is some good that has happened. Unfortunately, I think there was a lot more pain and suffering when the government got involved. This could have been resolved with a lot less pain and financial burden for all of the parties.

12. What is your biggest regret?

That I did not act with integrity and honesty in my business dealings right from the start.

13. Do you plan on taking on the business world once again when you are released? If so, do you think you will encounter any roadblocks getting back into the business world? Explain.

I do plan to go back into the business world, but with different goals. My primary goal will be to act with integrity and honesty regardless of the outcome. I know that there will be roadblocks. The business world will always view me with skepticism. That’s part of the punishment. You have to accept that people are biased and prejudiced against you. The hope is that you can change that by your actions.

14. What advice would you give to a business student about to embark on their chosen career path?

If you can be honest, think outside yourself and be willing to accept not always getting / what you want, your reputation will be much stronger as you progress through life. I believe this is an investment and that you will achieve to higher aspirations by applying some integrity into your business life.

15. How do you feel about a business class questioning you on your ethics?

I think it’s good to get some real world perspective. I had an ethics class in college and we didn’t discuss anything about honesty, humility and selfishness. It simply told us to consider all impacted parties of a decision. Well, that leaves the decision open to all sorts of justifications. I never thought I would commit a crime. I didn’t think I was committing a crime when I was doing what I did. The problem was I did not follow my values. At the time I was not willing to accept that I had to be humble, that I was making enough and didn’t need more money. Everyone is on the precipice of committing a crime. Application of solid values is the only thing that will prevent it.

The post Corporate Treasurer Responds to Ethics Questions appeared first on Prison News Blog.

Ethical Development:

1. Do you feel you had/have a good understanding of your core values? How did those core values guide your decisions while on the job? 

As a physician, my core values are to cure when I can, to otherwise relieve functional deficits, and to first of all do no harm guided my conduct while on the job.

2. What was the most important aspect of a career in business for you? (bottom line, wealth, challenge, etc…) What motivated you the most while working for your company?

 The most important aspects of a medical practice for me was both patient satisfaction, personal lifestyle/comfort and profitability.

3. Who do you think is responsible for the ethics of a company? 

I think a company should establish broad and general ethical standards for its directors, officers and employees. I believe each individual is responsible for ethical conduct.

Ethical Decision Making:

4. Did you have a written code of ethics at your company? If so, did  you base your decisions around those codes?

 I did not have a written code of ethics at my company.

5. Did you believe that your decisions followed your particular company’s core mission, vision, and values? Explain.

 I believe my business decisions followed my company’s core mission, vision and values (see #1 above).

6. Did you think you should have been held to a higher ethical standard, given that you were in a position of great power? Explain.

 I think licensed and certified experts should be held to a higher ethical standard because they are in positions of greater power. Ethical conduct and its culture thereof should flow from the top to the bottom.

7. Do you feel your employees were equipped to recognize and resolve ethical dilemmas? Explain.

My employees initiated and propagated the unethical conduct in a clandestine manner. Although they should have known better, greed seems to have clouded their judgment.

Corporate Environment:

8. Please explain the corporate culture within your company during your involvement.

During my involvement, the corporate culture within my company emphasized patient satisfaction, mutual respect and profitability.

9. Is it possible to have a very aggressive corporate culture, yet foster an ethical environment?

Although it is possible to have a very aggressive corporate culture and to simultaneously foster an ethical environment, aggressive cultures ten to trample ethical boundaries.

Reflection / Advice / Future:

10. If you could choose to redo anything, what would it be?

If I could choose to redo things, I would avoid employment of a management company until I have completed a thorough background investigation of the people involved.

11. Do you think anything good came out of this?

As a result of my period of incarceration, I developed a high level of skill in the craft of screenplay writing. Furthermore, I have been able to identify characteristics in other people to avoid.

12. What is your biggest regret?

My biggest regret is that I did not focus all my attention on a medical sub-specialty, so that I would have a higher rank in the field of medicine.

13. Do you plan on taking on the business world once again when you are released? If so, do you think you will encounter any roadblocks getting back into the business world? Explain.

I plan to rekindle my career in medicine upon release. I am positive that my conviction on charges of aiding and abetting health insurance fraud will cause me to encounter roadblocks. The federal government has already notified me that I am barred from billing state or federal heath insurance programs. I surrendered my medical license in August 2007, and I will be able to apply for its reinstatement after August 2009, but this process can take 3-6 months of professional rehabilitation.

14. What advice would you give to a business student about to embark on their chosen career path?

I advise any student about to embark on a chosen career path to diligently develop a strong foundation and persevere in building on that foundation over time. Don’t rush!

15. How do you feel about a business class questioning you on your ethics?

I believe that ethics play a very important role in all businesses, so Business Ethics classes should be required curriculum.

The post Physician Responds to Ethics Questions appeared first on Prison News Blog.

David Muniz and Michael Santos

David is 29 years-old, and together with his wife, Gabriella, he works hard to build a better life for the couple’s two children, Brendon and Priscilla.  Earning his GED represented but one step David is taking to demonstrate his commitment and love for his family.  Since receiving his diploma, David has enrolled in courses at Taft Community College, and he has been working as an apprentice to develop mechanical skills repairing wheelchairs.

Few young prisoners demonstrate such commitment to improving their lives.  Being separated from family and community causes many prisoners to lose hope.  When I asked David what motivated him to work so hard, he told me that the love he has for his wife and children requires him to work hard every day, as he feels a duty to live as a strong role model, even through these times of difficulty.  When David returns to his family, he wants to ensure that he has every skill and credential possible that will help him overcome the stigma of his confinement.  He intends on making meaningful contributions to his family and community, thus David expresses an urgency in using his time at Taft Camp to prepare.

When I walked into the visiting room, the efforts that I saw staff had invested in making David’s graduation memorable amazed me.  Speakers stood in the corner to broadcast music appropriate for the occasion; chairs were aligned neatly in rows that faced a lectern; typeset programs were printed to announce the order of ceremonies.

David and his colleagues wore black gowns over their clothing, and each had the graduation cap complete with tassel.  Then the graduation ceremony began, they marched in formed strides toward the honored seats at the front of the room.  Then the chaplain from Taft Camp, Mr. Maurseth, stood at the lectern to bless the ceremony with a brief prayer.  Mr. Ochoa, the Director of Education at Taft Camp, then toasted the graduates and introduced the ceremony’s keynote speaker, Dr. Jose Reyna.

Dr. Reyna, who chairs the Department of Modern Languages and Literature at California State University, offered an enlightening history on the importance of education.  He urged each graduate to continue the journey, as striving to develop our understanding of the world is a lifelong pursuit.

When the professor concluded his remarks, Ms. Puentes, who presides over the Taft Camp as the Associate Warden, shook each graduate’s hand while simultaneously issuing their high school equivalency diploma.  Later in the ceremony, a photographer snapped a picture of David and me together.

After all the prisoners received their diplomas, a reception followed. The staff ordered turkey and roast beef sandwiches from a local delicatessen. along with chips, cookies and two large graduation cakes – one chocolate and one vanilla.  The effort administrators put into the graduation ceremony encouraged me as I know that such gestures go a long way toward inspiring prisoners to reach their highest potential.

David Muniz may have to live separated from his family for a while longer.  Though I share a cubicle with him and I’m certain he will continue hhis admirable efforts of preparing for a law-abiding, contributing life upon release, his family, he says, gives him all the motivation he needs.

The post David Muniz Graduates appeared first on Prison News Blog.

David and Tuvia gave me a gift when they told me that their family members and friends frequently turn to my daily blog postings as a source of information for life at Taft Prison Camp.  As a long-term prisoner, my constant challenge is to lead a life of meaning, of relevance, and it pleases me to no end when I hear that my writing on the prison experience eases the anxieties for family members of my fellow prisoners.  Both David and Tuvia have adjusted well.  Although they look forward to returning to their families and community in Los Angeles soon, they’re making the most of the brief sentences they serve here in Taft.

I see both men each morning, as we exercise at the same time, soon after the sun rises.  While I’m running laps or strength training with pushups, they’re committed to a brisk walk, frequently conversing with other prisoners from the Israeli community.  The time at Taft Camp gives them a break from the busy pace of the active life they lead outside.

David and Tuvia have been business partners and friends for more than two decades.  Their business is an American success story, one that employs more than 100 people and makes significant contributions to society.  Although their separation from family and community challenges them, they both serve brief sentences and will return home before year’s end.  I’m grateful for the opportunity to have met them.

 Family members of David and Tuvia want them home, of course, but I have a different perspective.  Since I work tirelessly to write about the prison experience and to promote the need for reform, I consider it a privilege to share time with successful businessmen and community leaders.  Had David and Tuvia not joined me at Taft Camp, I don’t expect that either would have given much thought to the troubling state of America’s prison system.

When David and I spoke, he told me that experiencing the system first-hand upset him, as he considered it a great untold story of America, one that is telling in its lack of compassion.  Although he served a six-month sentence that inconvenienced his family, since he has been at Taft David has met many men who have been separated from society for 10 years and longer.  To him, such sentences do not make sense for a responsible society.   They render an individual incapable of returning to their communities as contributing citizens, and they punish the family in unconscionable ways. 

David is a big believer in the importance of making contributions that strengthen society, and he plays an active role investing his time and resources to improve communities in both California and Israel.  It is because of his personal commitment to community investment that David feels so saddened by the human waste laid out by America’s prison system.

In the United States, David contributes to his community by expanding educational opportunities to groom leadership.  To improve society, he recognizes the importance of educating young people, and as a successful businessman, he has reached a stage in his life where he derives a quiet, internal satisfaction in helping other people reach their highest potential.  It is because of his experience in community investment that David so clearly sees the value that could come from reforming America’s prison system.  David told me of an effort he led in Israel to resolve a similar problem. 

While vacationing with his wife in Jerusalem, David felt troubled by the growing numbers of at-risk adolescents he saw wandering the streets.  Some were homeless; many were abusing drugs, leading shiftless, directionless lives.  Wanting to change such conditions, David coordinated a meeting with contacts he had in the military.  They military did not have a program in place to help change the lives of young people.  David couldn’t stand the thought of so many wasted lives, and so agreed to fund a pilot program that would take 30 boys off the streets of Jerusalem and, through military training, set them on a path to responsibility.  Today, the program has been instrumental in helping more than 3,000 people mature into fully functioning and contributing citizens.  America’s prison system could use that same type of community investment. 

David acknowledged that people from business and leadership communities were unaware of the growing problems with America’s prison system.  Until he experienced it himself, he wouldn’t have believed that non-violent people served such lengthy terms.  Such a system could only lead to ruin and the waste of human lives.  Most people he has met who have been incarcerated for long periods walk differently; talk differently and behave in ways that will lessen the chances of their finding meaningful employment upon release. When people leave prison with less of a chance to function in society than when they began serving their sentences, the need for reform becomes compelling.

Both David and Tuvia will return to their communities soon.  They will bring a new perspective with them, as they have now seen and experienced the inside of America’s prison system.  A positive lesson, David said, was that his time in Taft Camp will help him appreciate some of the basic gifts of life.  He will never take for granted the value of a quiet meal at home with his wife, or the many other blessings he and his family enjoy.  To remind him of his time in Taft, David said that he would hang his dusty sneakers in his office, and when he looked at them he said he would remember the very different challenges he had to overcome in prison.

It has been a privilege for me to meet and learn from both David and Tuvia.  I am hopeful our meeting will begin a long friendship, as Carole and I could use their help and guidance with the efforts we make to bring reform to America’s prison system.

The post Community Leaders in Taft Camp appeared first on Prison News Blog.

With hopes of helping other prisoners enjoy more successful adjustments following release from prison, I’d like to share what I learned from Rick, an obviously bright man who had significant earning potential.

Rick was the epitome of a self-made entrepreneur. Despite his not having a gold-plated academic pedigree or family wealth, he built a seven-figure net worth by raising capital for various business ventures, marketing, and offering consulting services. When he was in his early 40s, however, a violation of securities laws resulted in Rick’s being investigated for mail fraud. Wanting to clear his name and put the matter behind him, Rick said that he cooperated fully. After pleading guilty to a single count of mail fraud, he reported to a federal prison camp to serve his 33 month sentence.

A combination of good time credit, halfway house, and time off for completion of the Bureau of Prisons’ Residential Drug Awareness Program (RDAP), meant that Rick could complete requirements for the prison portion of his sentence in 16 months; he would follow release from prison with six months in a halfway house. Such opportunities inspired hope. Rick could see the end, or the possibility for a new beginning, and he adjusted accordingly.

While serving his initial sentence in the prison camp, Rick worked full time as an orderly for the Receiving and Discharge department. He exercised religiously, organized activities, tutored other prisoners, and complied with all prison expectations. He focused on making the best use of his time so he could return to society, complete the requirements on his three-year term of supervised release, and resurrect his career as a prosperous entrepreneur.

After 16 months passed, Rick walked out of federal prison camp a quasi free man. He reported to his assigned halfway house and listened as the administrator laid down expectations. While in the halfway house Rick remained beholden to the BOP rules. The terms of his early release required Rick to sit through classes on drug aftercare, with which he complied even though he thought them an unnecessary nuisance in his particular case.

With the strict conditions of the halfway house, Rick made the personal decision to give authorities the impression that he would accept a nondescript adjustment with his return to society. He didn’t want any attention devoted to him and thought the best way to complete his term in the halfway house, along with his three years of supervised release, would require him to live as low-key as possible.

Other men with whom Rick served time in prison and in the halfway house influenced his adjustment decision. From them, Rick heard that federal probation officers resented felons who came out of prison to lives of affluence and opportunity. The people who would supervise Rick’s release, he came to believe, would not want him to engage in business transactions, provide investment advice, consult, or participate in other ventures that he felt qualified to pursue. Rather than pushing matters, Rick said that he decided to comply with employment expectations he believed probation officers thought were appropriate for people who were released from prison.

Rick accepted a job that would pay him $10 per hour with a marketing company that an acquaintance operated, and he structured his life in a manner that would reflect that he was living within his means. Rather than requiring his wife and family to sacrifice their affluent lifestyle, Rick set up separate housing for himself in an apartment that would be consistent with his $10 per hour earnings. Although the probation officer could micromanage Rick’s life, he did not want his troubles with the criminal justice system spilling over to his family. Until he completed his three years of supervised release, Rick wanted to be invisible, or forgettable, as far as concerned his probation officer.

Once Rick completed the halfway house portion of his sentence, he moved his personal belongings into the apartment he rented. He kept the utilities in his name, and he slept in the apartment each night. Early each morning Rick would visit his wife in the home where she lived with their youngest son. After the visit, Rick would report to work at the marketing company, though his responsibilities suggested he was worth far more than the nominal wage.

Although Rick did not have an equity interest in any business venture, and he did not personally receive any type of compensation besides his $10-per-hour wage, Rick was directly responsible for tens of millions of dollars in annual revenues. His elder son, who was 22, set up a marketing company that received millions of dollars in annual revenues. Rick could file technically legitimate monthly reports with his probation officer that suggested he was a $400-per-week employee, but even a cursory investigation would suggest that Rick was, in reality, a chief executive officer.

The federal probation officer tolerated Rick’s adjustment for the first half of his term on supervised release. He had kept current with his monthly reports, and no one could find fault with his financial statements. Rick managed his expenses to the penny, promptly making a $500 monthly restitution payment. When the probation officer asked Rick why he did not pursue a career opportunity more commensurate with his skills and earning capacity, Rick said that he did not want to accept such responsibilities until he had completed the terms of his supervised release.

Recognizing the irregularity, Rick’s probation officer ordered Rick to comply with tighter restrictions. His attempt to lead a nondescript life had failed. Rather than mailing in monthly reports, as Rick had done during the first 18 months of his supervised release, the probation officer made changes. With her suspicion aroused, she began requiring him to submit detailed reports that would account for his hourly whereabouts for the week ahead; Rick had to send that schedule by fax each Monday morning, and he was required to report in person to the probation officer regularly.

With Rick’s hourly schedule, the probation officer could observe Rick much more closely. The probation officer and a colleague would show up unannounced at the marketing company where Rick was supposedly earning $10 per hour. Rather than seeing a man who swept floors and made copies, the probation officers found Rick leading seminars, directing sales teams, coaching executives, and instructing his son how to increase revenues. Despite his charm and smooth preparation skills, Rick had lost all trust and credibility with the probation officer who was supervising his release.

The federal probation officers did not charge Rick with violating the conditions of his supervised release at once. Instead, they monitored him more closely. Thinking that he was in compliance with the technical conditions, Rick continued to submit his monthly reports, his weekly schedule, and he was careful to show deference and respect during his required visits to the probation office. Although he visited with his wife and younger son daily in their home, Rick returned to the low-budget apartment he maintained to sleep each night. He was committed to making it through the final months of his supervised release.

The probation office wasn’t having it. Rick had completed 34 of the 36 months he was required to serve on supervised release and he thought he was about to be discharged as a free citizen. Not so. Instead, the probation officer ordered Rick to come in for an unscheduled visit. The U.S. Marshals were waiting for him and took him into custody. The probation officer charged Rick with violating several conditions of his supervised release, including his filing of misleading reports, untruthful financial statements, and inappropriate business relationships.

As an offender on supervised release, Rick was not entitled to the higher standard of proof that applied to defendants in a criminal case. Instead of a unanimous verdict that would require jurors or a judge to find that Rick had violated the law beyond a reasonable doubt, the judge only had to conclude that a preponderance of the evidence suggested that Rick was in violation of his supervised release requirements.

While Rick believed he was advancing toward discharge and complete freedom, the probation officer was building a compelling case against him. The judge convicted Rick and sentenced him to serve a flat year in prison. Following his release from prison, Rick would begin a new two-year term of supervised release.

As a long-term prisoner I have had the questionable privilege of interviewing and writing about hundreds of federal prisoners. I have known many who left confinement to complete their terms on supervised release without disruption, and I have known many more who, sadly, because of their misguided efforts to hoodwink the probation office, returned to complete new terms of supervised release.

My experience convinces me that the best way to complete a term of supervised release successfully is to live with complete transparency. I am not a believer that probation officers have an inherent bias against offenders who transition from prison to successful careers. I am in contact with many people who concluded their prison terms and, upon release, launched ventures that brought them millions of dollars in earnings. Their strategy required absolute honesty, offering the probation officer complete access to all schedules and financial records without reservation or hesitation.

Succeeding on supervised release, I felt convinced, required the same five-point strategy that I have written about elsewhere. Those who know my work understand that I based that strategy on what I learned from Dr. Stephen Covey’s Seven Habits of Highly Successful People. Individuals had to lead proactive adjustments. They had to begin with the end in mind. They had to then put first things first. Those who succeeded upon release from prison, just as those who succeeded in any other life venture sought first to understand, and then to be understood. They always thought from a win-win perspective.

Recently I’ve become familiar with the work of Suzy Welch, who is married to Jack Welch, the famous former chairman of General Electric. She has spoken about a concept by which I have lived throughout my 22 years of imprisonment. Suzy Welch articulates the concept as ten-ten-ten thinking. When individuals think about how the decisions they make will influence their lives in 10 minutes, 10 months, and 10 years, they tend to make better decisions.

Rick was scheduled to serve several more months with me at Taft Camp and expected release in the fall of 2009. Upon his return home, he intended to adjust much more transparently, with full disclosure and completely open communications with his probation officer. He was 50-years-old and starting over, determined to extinguish his problems for good. I could see the anguish this second separation from family caused. The sad truth, he knew, was that he should have finished with the criminal justice system long ago.

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