As a lawyer, personally pleading guilty to any offence, irrespective of its nature, ran totally and completely against my training and experience, but putting the government to the test of proving its case could result in an onerous sentence. I notified my lawyer that I wanted to change my plea, and the Assistant US Attorney handling my case set up an appointment.

I was requested to make a Proffer; in essence, this means I was to state all the incriminating facts surrounding my case, and the prosecutor would listen, and decide whether my statement was sufficient to cause him to ask the sentencing judge to depart downwards from the US Sentencing Guidelines.

First, the prosecutor gave my attorney an immunity letter; should he decide not to accept my admissions as sufficient to warrant an application for a downward departure, he could not use the material and testimony against me when the case went to trial.

Admitting my guilt in a crowded room, covering ten years of criminal activity was extremely difficult, because I was detailing my entire life,  discussing all the acts committed in violation of the very laws I as a lawyer had sworn to follow. I had carefully hid these sins, and now they all would see the light of day. Coming clean after being on the dark side for a decade was an experience I do not wish on anyone, because you are baring your soul to strangers who wish you harm.

After that, we returned home, and endured a tense waiting period, after which time the prosecutor's office advised us that yes, they would agree to file a motion requesting a lesser sentence than that which would be computed using the Sentencing Guidelines. It was settled, with only the sentence left ot be determined.

The entire experience to that point was  a shock, for the reality of the situation mean that:

• I would be pleading guilty to at least two felonies, and my license to practise law would be automatically suspended, with disbarment proceedings soon to follow.
  

• Separation from my family (wife & year-old son) would be emotionally and financially costly, both to me and my loved ones. Without a law practice, I would have no income.
  

• Many Federal correctional institutions were far from Miami, and most were out of state.
  

• I could be going to a place where the other inmates would be hostile to a lawyer.
  

• Would I be forced to testify against the very clients that I had protected all those years?
  

• I would be entirely at the mercy of the trial judge, who was not required to pronounce a short sentence, and could  stun me with  a long term in prison.

All of this was extremely stressful; life went on as normal. and I actually continued to practise law, albeit on a reduced level. Since my case was filed outside of Miami, and did not make the newspapers, few people, outside of close friends and some lawyers involved in the case, were even aware that I had been arrested.


The court's Probation Department prepared a Pre-Sentence Investigation Report (PSI), which recommended a sentence of slightly more than eight years, thanks to my lawyer's able work. He successfully argued that the drugs in my clients' connected cases didn't belong in my PSI.

We received notice of the date of the Sentencing Hearing; I would soon learn my fate.

Next Week: The Moment of Truth arrives.