Negotiating Plea Agreements with Bite (Plea Agreements Pt. II)
The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make. But too many clients enter into bad pleas – ones that promise little and give up a lot. A client shouldn’t have to settle for a plea that lacks real bite. Therefore, in Part…
Pleading Straight Up, No Chaser! (Plea Agreements, Part I)
Pleading guilty and waiving your right to be presumed innocent until proven guilty beyond a reasonable doubt at trial is the most important choice a client will make in any case. But the decision to enter into a less than ideal plea agreement with the government is often influenced by fear, intimidation and false information. …
Absolute Power: Politization and Weaponization at the DOJ (With Gary Restaino)
Our founders wanted US attorneys to retain significant independence from the Department of Justice. If that happens, then experienced prosecutors have the credibility and moral fortitude to serve as a buffer between the unfettered power of the government and the people. But the Trump administration wants absolute power. That’s why we’re seeing a slew of…
A Look ahead: Sentencing Developments for 2026
There were big changes in federal sentencing in 2025, and more on the horizon for 2026. So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com. IN THIS EPISODE: Doug’s Tequila of choice: …
Year End Review (White Collar Support Presentation)
It’s the last podcast of the year, and what better way to end than with a presentation to the amazing group, White Collar Support (www.prisonist.org). I was grateful to have the opportunity to present to this community, a brainchild of attorney Jeff Grant. It’s particularly fitting for a 2025 finale, as the hour is a…
Maxwell’s Silver Hammer (PART II): Transfer to Minimum Camp & Sentencing Post Mortem
In Part II of our deep dive into the Ghislaine Maxwell case, we begin with BOP Prison consultant, Walter Pavlo of prisonology.com to talk about her transfer to a minimum security camp. Then, we resume with Mark Allenbaugh of sentencingstats.com for one of our famous “sentencing post-mortems” to see what we can learn from Maxwell’s…
Maxwell’s Silver Hammer: Part I
The saga of Jeffrey Epstein is ongoing and ever-present in the news. And there are powerful lessons to be learned. But the talking heads are mostly just spinning their wheels. So, if you’re seeking some straight talk and inside scoop about all of it, you’ve come to the right place. This is a 2-part episode,…
Seismic Shift: Big Changes to the Sentencing Guidelines & the Country
Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts. At least for now. So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry…
Reign of Terror: Tesla, Luigi Mangione, & Beyond
I’m back. I’ve been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, “On Tyranny”, Timothy Snyder warns: “Listen for dangerous words. Be alert to the use of the words extremism and terrorism. Be alive to the fatal…
The Truth About the Presidential Pardon Power With Margaret Love & Mark Allenbaugh
It’s January 2025, and we’re in the final days of the Biden administration. He has had a busy last month or so issuing pardons and commutations. This unfettered power is rightly scrutinized but often misunderstood. The bigger problem is, the whole damn process appears to be broken. And although Pres. Biden has done some good…