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Saturday, February 26, 2011

Courts - On your way to prison? Hire a prison consultant

"Ex-cons offer prison primers for soon-to-be incarcerated execs" is the headline to this long story by Lisa Black of the Chicago Tribune. one of them calls himself a "federal mitigation specialist." More:

The cottage industry is dominated by ex-offenders, retired jailhouse employees and advocates who support prison alternatives. High-profile cases during the 1980s and '90s, including the prosecutions of corporate raider Ivan Boesky and former junk bond financier Michael Milken — both of whom used prison consultants — have helped heighten awareness.

Some criminal defense attorneys remain skeptical, and question whether the consultants can deliver what they promise. But today's economic downturn has provided no shortage of work.

John Webster, a former attorney who served time in federal prison after lying for a client, started the Nashville, Tenn.-based National Prison and Sentencing Consultants in 2002. At first, few people had heard of his industry.

"Now it's gotten to where a lot of people see the need and the benefit," he said. "With the meltdown of the real estate industry, we had a lot more mortgage brokers who were getting indicted." * * *

Over the last two decades, federal officials have ratcheted up the penalties for economic misdeeds, most recently in response to high-profile corporate crimes, such as the collapse of Enron Corp. The harsher sentencing guidelines have resulted in overcrowded prisons and added incentive for defendants to seek help in navigating the complex legal system, criminal defense attorneys say.

Some consultants try to strengthen a defendant's presentencing request to be enrolled in a 500-hour federal drug and alcohol abuse program, which can result in a shorter prison stint. Others document medical reasons that argue why an inmate needs a lower bunk or special diet.

Posted by Marcia Oddi on February 26, 2011 01:48 PM
Posted to Courts in general