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-   -   Ask me about financial success to spending 2 years state prison (http://archives1.twoplustwo.com/showthread.php?t=553546)

xx44 11-24-2007 02:35 PM

Ask me about financial success to spending 2 years state prison
 
I read some of the other posts regarding prison time. I think some of you might find my experience if not interesting then at least entertaining.

I was a partner in a brokerage firm in NYC during the bull market. Four years earlier I was a co-manager of a branch of a nation wide firm that was involved (unbeknown to me) in some shady chit. An overzealous DA threw out his net and I unfortunately got scooped up.

As others were taking deals I was determined to fight the charges as I felt though I was not lilly-white, I did not do anything criminal. From the day I heard about the investigation I retained a top white collar attorney. Hoping that he could tell the DA he was wrong about me/us(2 partners and 3 JR partners of our present firm who also worked at the branch of the firm in question). LOL, that did no good, as I was indicted 9 months later.

Still refusing to plea to anything, thinking the US justice system is perfect we had a year to prepare for trial. Let me tell you,this was the worst year of my life.

Myself and 3 jr partners were going to trial (45 people were either indicted or plead out). I felt confident at the start of jury picking, by the end of the day I wanted to kill myself(figuratively).

The jury was not my peers. Housewives and the unemployed from Harlem (no offense to anybody)were not the ideal people to hear a case so complicated that even the lawyers needed constant explanation of terms and scenarios. What really got me negged out was my attorney's first question to a prospective juror. He asked, "Do you think they did anything wrong?". The response, "well they are here aren't they?".

If found guilty I potentially faced over 20 years, realistically it could be 6-8 years. The trial was going to last 9 months, which I considered jail time anyway because I was in total disbelieving misery. The cost would be several more 100's of thousands of dollars, so the day before opening statements I made a deal(the hardest thing I ever had to do). 2-6 years, meaning I would be out if thing went well in 20 months, if not well 2 years and if badly, up to 6 years.

So this Jewish white kid (well not a kid 32 at the time)that never even knew anybody who went to jail, was processed through Rikers Island on his way to state prison.

Let me also say I did not go to a fed prison. At the time there was a big competition to who gets these cases the state or feds. Therefore I did not go to a camp, but a medium security Ny prison, where 1/3 rd of the convicts had life on the end of the sentence.

It would be too much to write about my working experience, the DA and jail in memoir form. So ask me what ever you want. I do not want to give names, and would appreciate if you respect the anonymity the net gives.

DarkForceRising 11-24-2007 02:40 PM

Re: Ask me about financial success to spending 2 years state prison
 
Jesus Christ, man. That is a nightmare.

How are you holding up now psychologically?

jeffraider 11-24-2007 02:42 PM

Re: Ask me about financial success to spending 2 years state prison
 
What is the worst thing that happened to you while in jail? What's the first thing you did when you got out?

adsman 11-24-2007 02:45 PM

Re: Ask me about financial success to spending 2 years state prison
 
What happened to the guys who didn't plea bargin?

emon87 11-24-2007 02:45 PM

Re: Ask me about financial success to spending 2 years state prison
 
What did you supposedly do?

ncboiler 11-24-2007 02:47 PM

Re: Ask me about financial success to spending 2 years state prison
 
What was the shady chit?

xx44 11-24-2007 02:47 PM

Re: Ask me about financial success to spending 2 years state prison
 
DFR,

I am fine mentally. I try not to hold a bitterness (but do). I look at it as random life joke that some people get laid upon them.

JR,

Worst thing was the psychological part of not knowing when I was gettin released. In my OP, you see that I got a 2-6 meaning I had to see a parole board and could have been there upto 6 years.

microbet 11-24-2007 02:49 PM

Re: Ask me about financial success to spending 2 years state prison
 
It's so sick the way punishment in our system is determined by cooperation. Supposedly we don't condone coercion by torture, but sure the prospect of years in prison is as coercive as physical punishment.

jool 11-24-2007 02:50 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
So this Jewish white kid (well not a kid 32 at the time)

[/ QUOTE ]

I don't mean to derail, as it sounds like you were the victim of an imperfect legal system, and that really does suck. I have to say, though, that language like this (combined w/ the line about unemployed harlem people) comes off a little racist. I know saying that you are white and jewish is just a fact, but the implication when you include it so explicitly is that it's more fair for black people to be going to jail.

Again, I realize it's pretty nitty, but I think you could consider (especially as someone who's been on the wrong side of injustice) what it sounds like you're saying when you write that.

To get it a bit back on topic, and related to my comment- what was your feeling on the legal/justice system before going to jail? Did you ever think about it? And what is it now?

ncboiler 11-24-2007 02:51 PM

Re: Ask me about financial success to spending 2 years state prison
 
How will you support yourself now?

XXXNoahXXX 11-24-2007 02:52 PM

Re: Ask me about financial success to spending 2 years state prison
 
jool,

way to register to be retarded.

he didn't say like "how dare they send a white jew to prison!"

he said it like "im this little white guy and im going to place that is like 80%+ non-white and a lot of them are huge ripped dudes with tattoos covering their bodies"

xx44 11-24-2007 02:54 PM

Re: Ask me about financial success to spending 2 years state prison
 
Ads,

Only 8 of us were left at the time of my trial. There would be anothjer trial after ours for the other 4. The other 4 were offered some crazy deal like 5-10. They went to trial were found not guilty on 15-18 charges, 2 sentenced 3-9 two to 5-10.

The owner of the firm where i was a branch mgr, was in bed with stockpromoters (guys who paid to have their stock recommended) . The da thought my office was involved as well. After 6 months of our lawyers basically proving we were not, the da finally relented, and agreed wew were not part of that,but still needed his pound of flesh and charged us with sales practice violations.Before the trial at worst they would be civil penalties, but the da invoked them as criminal

xx44 11-24-2007 03:02 PM

Re: Ask me about financial success to spending 2 years state prison
 
NC,

Fortunately I am able to eek a a living out of trading my own account very conservatively. I have been involved with a few startups trying to get them off the ground,they did not get going. I am currently involved with a solar energy company that has the potential to work out well.

Jool,

Noah is right. I was painting a picture of me being a deer in head lights, and the jury would have a hard time understanding a comples case.

My feeling of the justice system is that it is far from perfect. I beleive that most people have no uinderstanding that the DA can basically get convivtions, pleas on anything with the threat of enoguh jail time. I would have confessed to shootiung kennedy at the time i Plead

KneeCo 11-24-2007 03:13 PM

Re: Ask me about financial success to spending 2 years state prison
 
OP,

from the very little I know about the court system or your situation, it sounds like:

- you should have gotten a better lawyer.

- a jury full of people having no idea about the business you were involved in should have easily worked out in your favor with half competent representation.

I agree the American justice system, particularly the huge politicization of the DA's office, is very bad.

jool 11-24-2007 03:16 PM

Re: Ask me about financial success to spending 2 years state prison
 
Noah,

I know that's not what he was saying. My point was exactly that- even when we don't mean it to, diction can carry with it implicit ideas that we may or may not subscribe to on some level. I think on a subject like this- whose machinations are so large that we might not notice them- it wouldn't hurt anyone to think about the things we off-handedly say.

xx,

totally valid response, and i definitely have my own problems with the "jury of your peers" idea. glad to hear things might be headed in the right direction with you.

xx44 11-24-2007 03:18 PM

Re: Ask me about financial success to spending 2 years state prison
 
My aunt actually knew somebody who went to jail and I was able to speak to him. He also was a jewish guy, but hardcore, in for attempted murder. He basically told me if anybody [censored], with you or even says something, dont hesitate just hit them as hard as you can in the throat. I was like WTF!?! Not knowing better that was the attitude I thought I would take.

2 days before I was to go in, my friends and I were on Park ave, where a black guy was trying to sell us a fake rolex. My friend said, they wont need that where they are going. They guy was like "where you going?". When I told him, he was like" no way I just got outta there".

I was so happy that here was person that could give meadvice as to what to expect. He asked me my name, I told him. He then replied,"Look Rick when you go in you may have some people [censored] with you saying 'what's up cracker' and things like that. All you do is look them in the eye ask them their name. Then put out your hand and introduce yourself.Hmmmm...

So when I first get to RIkers Island I was in a dorm with 50 other people in a room the size of a small tennis court. I walk in, the only white guy, and feel the eyes upon me.I put my stuff down and go to the phone.

You need PIN numbers to dial out, mine was not activated yet so I slammed the phone down out of frustration. As soon as I did that I hear, "I DONT CARE WHAT YOUR PROBLEM IS M-Fer DONT BE SLAMMING DOWN THE PHONE!!!

Uh-OH, so I quickly think what my options are:

1. Just walk away
2. Turn around and punch him in the throat
or...

So I turn around and there are 2 huge black guys. Before they can say anything I ask, "what''s your name?".He looks surprised, hesitates and says,"Light".

I stick my hand out shake his hand and say"my name is xx". He shakes and in a voice that had nothing similar to theone that yelled at me said,"I know it gets frustrating its just that these phiones sometimes blink off if you slam them".

That scenario represents what most of my time was like.

schundler 11-24-2007 03:21 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
[ QUOTE ]
So this Jewish white kid (well not a kid 32 at the time)

[/ QUOTE ]

I don't mean to derail, as it sounds like you were the victim of an imperfect legal system, and that really does suck. I have to say, though, that language like this (combined w/ the line about unemployed harlem people) comes off a little racist. I know saying that you are white and jewish is just a fact, but the implication when you include it so explicitly is that it's more fair for black people to be going to jail.

[/ QUOTE ]

lolz

xx44 11-24-2007 03:21 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
OP,

from the very little I know about the court system or your situation, it sounds like:

- you should have gotten a better lawyer.

- a jury full of people having no idea about the business you were involved in should have easily worked out in your favor with half competent representation.

I agree the American justice system, particularly the huge politicization of the DA's office, is very bad.

[/ QUOTE ]

Agreed if it was a murder charge or even a 1 0r 2 white collar charge, but the DA charged us with 18 counts, of repetative charges. So even if the jury thought" they dont seem guilty, we'll just convict them of 1 of the 17", we would still have to do 1-3. My point is that what the DA was doing with over charging was almost assuring a conviction on something.

schundler 11-24-2007 03:23 PM

Re: Ask me about financial success to spending 2 years state prison
 
xx,

that phone story is awesome.

Do you mind going into more detail about the facts of the case?

xx44 11-24-2007 03:25 PM

Re: Ask me about financial success to spending 2 years state prison
 
all,

Under a NY law, that was supposed to penalize the rare coin industry, it is illegal to recommend an investment to a client without telling them all of the risks involved. Most of our charges were this. Meaning that we were supposed to tell our clients all the risks involved in any stock we recommend. If we recommended microsoft we would have to tell them all about the antitrust suit in Europe etc...

xx44 11-24-2007 03:26 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
xx,

that phone story is awesome.

Do you mind going into more detail about the facts of the case?

[/ QUOTE ]

Not at all, But would be easier in a Q&A, otherwise I will never get done writing,

MuresanForMVP 11-24-2007 03:26 PM

Re: Ask me about financial success to spending 2 years state prison
 
[censored] like this makes me wish I was on the jury so I could nullify the hell out of it.

KneeCo 11-24-2007 03:27 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
[ QUOTE ]
OP,

from the very little I know about the court system or your situation, it sounds like:

- you should have gotten a better lawyer.

- a jury full of people having no idea about the business you were involved in should have easily worked out in your favor with half competent representation.

I agree the American justice system, particularly the huge politicization of the DA's office, is very bad.

[/ QUOTE ]

Agreed if it was a murder charge or even a 1 0r 2 white collar charge, but the DA charged us with 18 counts, of repetative charges. So even if the jury thought" they dont seem guilty, we'll just convict them of 1 of the 17", we would still have to do 1-3. My point is that what the DA was doing with over charging was almost assuring a conviction on something.

[/ QUOTE ]

Ok, but what I was saying is that it seems to me a half-competent defense atty shouldn't have much trouble moving to have frivilous/redundant charges dealt with before they get anywhere near a jury.

kipin 11-24-2007 03:28 PM

Re: Ask me about financial success to spending 2 years state prison
 
Lost Rights

jackflashdrive 11-24-2007 03:31 PM

Re: Ask me about financial success to spending 2 years state prison
 
Were you ever attacked, beat-down, blackmailed, or scammed?

xx44 11-24-2007 03:34 PM

Re: Ask me about financial success to spending 2 years state prison
 
Fortunately my family had a connection with an important person who was able to locate me at a "good" jail. It was still a medium, but was only an 1hr 15min from nyc. Most newbies got the Canadian border.

The prison also was somewhat relaxed even thought there were a lot of lifers, rapeos, murders there. These guys however, did a lot of their bid already and were older,hence more docile. The drama is with the young kids.

First day there I meet Taheem who was doing 20to life for murder. He was now my new bunkie. A bunkbed in a 8x5 room with a door, no cell.

So I always had a difficult time sleeping, so when the lights go off, I hear his radio on. I know that there is no way I will be able to sleep with it on, but how can I tell him to turn it off. After 20 mins, at the risk of bodily injury In my kindest voice I ask, "Taheen, it is hard for me to fall asleep,,,you mind turning off the raio". Instaresponse from Taheen, "Taht's not going to happen". Ok, I think.

But he did make it lower, and gave me a small fan as a white noise machine which worked perfectly.

xx44 11-24-2007 03:39 PM

Re: Ask me about financial success to spending 2 years state prison
 
Knee,

You would think so, That is not only what I thought, but what I banked on, and maybe the jury would have comeback not guilty on all. The prob with a lot of the complex white collar charges is that they are not clearly defined. I was literal when I said our lawyers needed constant help in the beginning understanding everything.

As far as our lawyers, we interviewed EVERY top one in the city. EWvery one you hear about in the paper we spoke to. All said the same thing about the DA, "God himself could come down and tell him he is wron, and he still won't believe it". I do however, my lawyer could have been better, I mean how could I not, but it seemed most on this level were the same

xx44 11-24-2007 03:42 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
Were you ever attacked, beat-down, blackmailed, or scammed?

[/ QUOTE ]

Nope never. The most important thing was respect and keeping out of peoples business. The most worried I was about getting into a situation was when a Blood member said to me," You can run, but you cant hide, I am going to get you" becuase he believed I narced on him smoking weed. That is another story I will get to.

xx44 11-24-2007 03:55 PM

Re: Ask me about financial success to spending 2 years state prison
 
All,

Let me say I do not want to come off that I was operating my branch in a "lily-white" manner. We were aggresive and def cut some corners, but at the very worst they were NASD vilations, certainly nothing criminal or nothing that every firm was doing, including the like of morgan stanley and goldman sachs.

jackflashdrive 11-24-2007 04:01 PM

Re: Ask me about financial success to spending 2 years state prison
 
I have a friend who works for a stock promoter. The business works as follows: Other companies pay my friend's company *in stock* to promote their stock to brokers (pump). Then my friend's company sells off it's shares of the company that it represents, driving stock-price into the dirt (dump).

So my friend has been working at this place for about a year and has never seen a single company that his firm represents actually increase stock value for more than a few days. So he is thinking of selling short every stock that goes through his company. Do you think he'd end up in your kind of situation if he did this and is it only a matter of time before the CEO of this stock promotion company ends up in jail?

owsley 11-24-2007 04:07 PM

Re: Ask me about financial success to spending 2 years state prison
 
What kind of financial penalty did you have to pay, did you pay a big fine or lose some of whatever assets you had accumulated?

jhogstyle 11-24-2007 04:11 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
I have a friend who works for a stock promoter. The business works as follows: Other companies pay my friend's company *in stock* to promote their stock to brokers (pump). Then my friend's company sells off it's shares of the company that it represents, driving stock-price into the dirt (dump).

So my friend has been working at this place for about a year and has never seen a single company that his firm represents actually increase stock value for more than a few days. So he is thinking of selling short every stock that goes through his company. Do you think he'd end up in your kind of situation if he did this and is it only a matter of time before the CEO of this stock promotion company ends up in jail?

[/ QUOTE ]

sounds like insider trading to me (which is what many ppl go to prison for)

mrkilla 11-24-2007 04:17 PM

Re: Ask me about financial success to spending 2 years state prison
 
can you tell us the name of the firm. I'd be curious since i work in the same industry as you.
or maybe at least what years the investigations/trial took place from?

xx44 11-24-2007 04:19 PM

Re: Ask me about financial success to spending 2 years state prison
 
Jack,

I assume your friend does not work for a brokerage firm. You are allowed to promote stocks, get the word out, go into brokerage firms and tell them it is the best thing since sliced bread. But you cant give brokers money to recommend them to their clients.

Owsley,
No fine whatsoever. The Da knew of all of my assests were more interested in getting the headlines.

xx44 11-24-2007 04:21 PM

Re: Ask me about financial success to spending 2 years state prison
 
[ QUOTE ]
can you tell us the name of the firm. I'd be curious since i work in the same industry as you.
or maybe at least what years the investigations/trial took place from?

[/ QUOTE ]

I worked at this firm in the mid 90's. I wont give the name, but it wasnt a "boiler room" type cpmpany. Not a Duke or AR barron.

xx44 11-24-2007 04:22 PM

Re: Ask me about financial success to spending 2 years state prison
 
So I get called for a random drug test. I was taken into the screening room with another guy who I did not know. While waiting to give a urine, the other guy starts staring atme. No to show weakness I do not look away. He then starts saying,"I know what you did, I know what You did,,I KNOW WHAT YOU DID!"

Huh, I say it my best thug voice, "I dont who you are and I have no idea what you are talking about". He continues with "I know,,I am going to get you . You can run but cant hide. I will see you in the yard tomorrow morning"

Now I start to to scared (but not showing it I think) and say again in my thug voice," You got something to say, say it."He said,"I will see you in the yard" Great...

I get back to my housing (have been there 6 months already so I am understanding the ropes. I tell a few people what happened. They ask who it was and I describe him, one guy says, "Thats Chote, he's a Blood". Just getting better.

I ask what was I supposed to do, one person said he was just trying to feel me out. Another said that it is not worth the risk and I should tell the sergeant about it. A third said I should get a knife,,,,WTF!!! Snitch or get a knife, some choice. Let me say my heart is till pumping a mile/minute.

I speak to Taheen my bunkie and tell him. Taheen said he would talk to Chote as set everything str8. I was somewhat relieved but still did not sleep.

Next day after breakfast before the yard I see Taheen and asked if he spoke to him. He said he didnt get a chance but will that afternoon. WHAT!!!!

So now I have the choice of not going to the yard and appearing weak and guilty, or confront it. So out of stupidity I go to the yard myself.

The yard is the size of to football fields and is generally not crowded. Once you go in you cnat comeout until count, 2 hrs. So I start walking the perimeter looking for choat dont see him, and was starting to feel relieved. After an hour and a half I believed he was bluffing and wont show. I start walking with 2 other acquaintances. With 15 min. left I see Chote out of the corner of my eye walking towards me.

My heart starts blasting as the adrenaline starts pumping. What option do I have. Im like,f it, I am goignt for the throat. We make eye contact, he sees my chest going up and down, I so much wanted to look like a hungry lion than a scared rabbit. Don't know what he perceived.BUt says,"Come here a second". I hesitate.He says,"Dont worry nothing is going to go down".

I go. He tells me, "dont worry about yesterday sometimes the cops bring down the guy who says something with ya so it looks like he is in trouble as well. We cool." Then we bang fist and I go on my way. I slept like a baby that night.

FlyWf 11-24-2007 04:35 PM

Re: Ask me about financial success to spending 2 years state prison
 
Not to rain on the pity party, but this "The DA charged me with 18 charges so I was going to get convicted on something" nonsense is absurd. You broke the law. You knew you broke the law. Pleading out turned out to be a good move, so I don't know what people telling OP to get a better lawyer want.

Muresan, you're a goddamn moron. Yes, jury nullification was definitely created to protect the rights of rich people who have top white collar defense attorneys. If there's one demographic that gets [censored] over time and time again, it's white Jews from New York with enough assets to "eek a a living out of trading my own account" and enough political traction to get moved to a better jail.

tuq 11-24-2007 04:47 PM

Re: Ask me about financial success to spending 2 years state prison
 
Fly is one angry dude lately. I'd hate to run into him in the yard IMO.

OP, good thread, thanks for sharing.

dcb777 11-24-2007 04:59 PM

Re: Ask me about financial success to spending 2 years state prison
 
What is the group dynamic in jail. Did you associate with all kinds of different groups or hang out mostly with the white guys?

onoble 11-24-2007 05:06 PM

Re: Ask me about financial success to spending 2 years state prison
 
How's the food?

Anything you learn on the inside that is helpful on the outside?

Craziest, scariest or must f- up thing you saw inside?


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