“NCIA is regarded as one of the most progressive, effective and highly respected criminal justice organizations in the country.”
INSTITUTIONS AND ALTERNATIVES
DON’T BECOME ANOTHER STATISTIC!
A Sad But Too Often True RDAP Story
David was sentenced to 37-months in federal prison after pleading guilty to tax evasion. After his plea, thinking he could handle everything on his own David made a number of critical mistakes, including going into his pre sentence investigation (PSI) unprepared. The fact of the matter is David unknowingly harmed himself by making inaccurate disclosures based on the common misconception that this would make him look more favorable to the judge and instead of getting the treatment he needed while in custody and earning a sentence reduction that could have had him back home where he belongs in 14-months, David failed to qualify and ended up having to serve 28-months in federal prison; doubling his time served.
Too many offenders like David have to live with regret and end up serving unnecessary time because they fail to properly prepare for the PSI, sentencing, federal prison and position themselves for beneficial programs like the RDAP. Don’t become another statistic; take an active role in your defense and get advice from experienced professionals. First and foremost, in concert with counsel we do everything in our power to prevent our clients from ever seeing the inside of a federal prison. However, in those cases where a prison term cannot be avoided, we make sure that our clients serve their sentence at the best facility given their individual needs, while at the same time providing the greatest opportunity for early release.
I count my greatest attribute as being the only federal sentencing and prison consultant who has personally experienced every aspect of the federal criminal justice system from indictment, trial and sentencing through incarceration, prison programs, supervised release, and the rebuilding of life after a period of incarceration. I promise to not only prepare you and your loved ones for what lies ahead but also be with you every step of the way and never leave your side!
– Patrick Boyce (RDAP Graduate, 2003)
DON’T LET THIS HAPPEN TO YOU!
40-Year History of Proven Success
The National Center on Institutions and Alternatives (NCIA) was founded in 1977, by Dr. Jerome G. Miller and Herbert J. Hoelter, two of the country’s leading experts in developing alternatives to institutionalization and incarceration and has been changing lives ever since. You have probably heard of some of our more well known clients like Martha Stewart, Bernie Madoff, Michael Vick, Mike Tyson, Ty Warner, Michael Milken, Ivan Boesky, and Leona Helmsley just to name a few. But, you probably have never heard of most of the other 20,000 clients in all 50 states and 5 foreign countries whose lives we helped change forever.
Many of our clients were just like you or your clients, they all had a story to tell and we helped them and their counselors tell those stories and explain why they were deserving of leniency. When assisting defense attorneys or defendants facing sentencing, NCIA provides assistance in understanding the applicable sentencing statutes or guidelines and design individualized sentencing reports or memoranda, which include specific sentencing proposals. When permitted by the applicable State or Federal law, our sentencing proposals frequently include the use of creative community service that draws on the offender’s strengths and background, substance abuse counseling, work-release, home confinement, and community confinement.
United States Sentencing Statistics show that only 7% of Federal Defendants receive probationary sentences.
So, how do you differentiate yourself or your clients from the other 93%?
NCIA assist counsel in providing the court with a compelling argument why you are different than every other defendant that has been before them. We assist clients in the creation of unique personal narratives, character reference letters and videos to demonstrate why you are deserving of leniency. Additionally, we assist defense attorneys by crafting specific sentencing proposals, which are supported by historical sentencing data and verified community service to support our case and demonstrate how our plan will work in your individual situation and at the same time satisfy the interests of justice.
We are firm believers that prisons should only be used as a last resort!
Community service works because it offers judges an alternative sentence for defendants who would better serve the community in a structured and rigorous community service placement than behind bars. Often white-collar criminals are first time offenders who can offer invaluable services and expertise to communities that could not otherwise afford it. Judges continue to recognize that in certain cases, community service acts not only as a strict sanction on the defendant, but also as a saving grace to the organizations that benefit from these defendants’ skills.
Since 2011, community service has seen widespread support. With NCIA’s assistance in helping defense attorneys prepare and submit client background information, including substantial alternative community service recommendations and placement we have witnessed an increasing support of alternative sentences that include court-ordered community service sanctions. 18 U.S.C. § 3553(a) mandates the Court to consider “the kinds of sentences available.” This mandate allows a community service order to satisfy the goals of sentencing. In fact, there has been a wide endorsement of community service by both federal and state courts because the individual judges recognize that it “…is a burdensome penalty that meets with widespread public approval, is inexpensive to administer…produces public value…and can to a significant extent be scaled to the seriousness of crimes.”
One example, we worked with the developer of Beanie Babies, Ty Warner (tax evasion case with an $53 million fine), and developed a substantial community service placement for him. The judge was quoted as saying that “incarcerating Mr. Warner would do more harm to society than good.” Mr. Warner, facing a sentencing range of 46-57 months, with assistance from NCIA received 2 years of probation with 500 hours of community service.
Winning Lower Sentences Over the Last 10 Years. How?
Our Federal Sentencing Statistical Analysis (FSSA) report is a tangible link between our clients and similarly situated defendants. The data, which analyzes guidelines, specific offense characteristics, statutes, enhancements, and departures, works because it gives judges verifiable evidence of the universe of sentences judges have given defendants based on the above factors. With Booker making the guidelines advisory, sentencing judges are able to more accurately focus on Title 18 U.S.C. § 3553’s mandate to “avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct.” Our reports offer a unique insight into those sentences that is not otherwise available on the USSC website.
Title 18 U.S.C. §3553(a)(6) directs that the “need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct” be considered when imposing sentence. To this end, using a data collection maintained by the United States Sentencing Commission (USSC), the National Center on Institutions and Alternatives offers a Federal Sentencing Statistical Analysis report in order to determine how defendants similar to our clients were sentenced in federal courts across the country.
The FSSA report offers a unique picture of our clients compared to similarly situated defendants. The data provides actual evidence of how cases are sentenced and not subjective opinions on how cases should be sentenced (according to statute or other factors). NCIA data differs from the information available on the USSC website in that we are able to analyze guidelines, specific offense characteristics, and statutes, individually, as a group, nationwide, and at the district level. In addition, we analyze sentencing over several years and not just one year at a time. Furthermore, we provide detailed information about unique cases (i.e., same statutes, offense levels, departures, and enhancements) that are not available in the analyses on the USSC website.
Another example, we worked with defense attorneys in New York on the sentencing of a businessman who operated hotels and restaurants in a significant political contribution case. Facing 46-months incarceration, using our FSSA, we were able to effectively demonstrate to the court how a percentage of similarly situated defendants were sentenced to probation, why our client was deserving of the same consideration and further developed a custom community service plan, which involved the job training and placement for youthful offenders returning from prison. The Federal Judge agreed with our recommendation, plan and sentenced our client to probation and 1,000 hours of community service.
Reduce Any Sentence By 18 Months or More!
In addition to sentencing advocacy, we also provide many other services including parole release advocacy, institutional designation and transfer, and release planning. When assisting court systems, NCIA has developed and implemented sentencing advocacy programs in 15 states and trained thousands of public defenders, probation officers, and other sentencing advocates.
NCIA’s Criminal Justice Services group has extensive experience assisting clients with all aspects of state and Federal sentencing. We offer the following services:
Federal Sentencing Consultation
NCIA’s Criminal Justice Services group has extensive experience preparing clients for sentencing in Federal court. We have worked closely with the defense bar for over 40 years, researching and investigating alternative sentencing options, sentencing mitigation theories and other ways to lessen the impact of incarceration on offenders and their families.
Since the inception of the Federal Sentencing Guidelines in 1987, NCIA has remained abreast of the frequent guideline amendments, the applicable case law that have developed around the guidelines and the emerging empirical studies (social, cultural, medical and psychiatric) that lend themselves to arguments in support of departures from the guidelines. Post-Booker, NCIA has been on the leading edge of developing mitigation arguments under 18 U.S.C. §3553(a) factors. Additionally, we are intimately familiar with Bureau of Prisons (BOP) policies and practices through research of federal regulations, communication with BOP staff, outside program personnel, and others, including current clients committed to the Bureau’s custody who assist clients before and after sentencing, and by providing prison advocacy services during confinement.
NCIA staff assists defense counsel and prepare a client for sentencing by:
- Developing personal and professional background information and materials highlighting client’s character for submission to the probation officer and/or the Court;
- Preparing client for the pre-sentencing investigation process and probation interview;
- Assisting with the development of a comprehensive sentencing memorandum or prepare an NCIA sentencing evaluation and report;
- Researching specific sentencing guideline questions and developing specific sentencing guideline arguments, including arguments for downward departure from the sentencing guidelines range;
- Conducting a disparity analysis of sentences imposed upon similarly situated offenders in federal courts using United States Sentencing Commission data.
- Reviewing, analyzing and assessing the draft Pre-Sentence Report (PSR). Assisting in preparing formal response to the PSR;
- Coordinating character reference letters and testimonials;
- If appropriate, developing a community-based sentencing alternative, and preparing materials for the court outlining a specific sentencing proposal with supporting documentation.
Federal Sentencing Statistical Analysis
The United States Sentencing Commission (USSC) maintains a comprehensive, computerized database of federal sentencing information. For more than a decade, the NCIA has developed and used a reporting tool designed to aid defense teams as it relates to sentencing mitigation called the Federal Sentencing Statistical Analysis (FSSA) report. FSSA was designed to help criminal defense teams determine the reasonableness of the government’s incarceration demand upon the court. The FSSA produces a comprehensive statistical comparison, which contrasts a client’s guidelines against sentences, actually imposed in similar cases. This process allows the defense to analyze multiple factors that can affect a client’s total guidelines exposure. The FSSA has become a powerful tool for defendants with hundreds cases winning significant downward variances based on the findings brought forward from the FSSA results. NCIA supports defense teams using FSSA with our own internal counsel to help develop strategies, determine alternative analysis scenarios amongst other consultative services.
This collection contains information on federal criminal cases sentenced under the Sentencing Guidelines and Policy Statements of the Sentencing Reform Act of 1984. The data files included in this FSSA contain all cases received by the USSC that were sentenced between October 1, 2002 and September 30, 2016. United States Federal Courts handled more than a million criminal cases between the fiscal years 2002 and 2016. The USSC estimates that 99 percent of all cases are included in the data collection.
Types of information gathered in the data sets include:
- Statute(s) of conviction (including statutory ranges and mandatory minimums)
- Guideline applied
- Whether the defendant entered into a plea agreement or was convicted after trial
- All guideline calculations
- Criminal history information
- Final offense level and guideline range
- District and circuit where the defendant was sentenced
- The sentence imposed; detailed description of how the sentence will be served
- Reasons for departure or variance
- Financial penalties ordered
- Characteristics of the defendant (including age at sentencing, education level, citizenship, marital status, number of dependents)
Development of Alternative Sentencing Plans
In 1978, NCIA prepared its first Alternative Sentencing Plan, using community service as social restitution. NCIA has continued to advocate for and write about the emergence of the imposition of community service as an alternative sentence. We describe cases where the Courts decided to impose a non-incarcerative sentence and rely on community service as the appropriate sanction. These cases highlighted a growing trend of Courts to apply 18 U.S.C §3553(a) factors to individualize sentenced consistent with the Sentencing Commission initiatives.
18 U.S.C §3553(a) mandates the Court to consider “the kinds of sentences available”. This mandate allows a community service order to satisfy the goals of sentencing. Community Service offers judges and alternative sentence to clients who can offer invaluable services and expertise to community organizations. Substantial community service can sufficiently recognize the grave seriousness of white-collar crimes and utilize the time, skills and expertise of individuals who can be a benefit to communities in need.
NCIA assists defense counsel to prepare and submit alternative sentencing proposals to the courts. This includes gathering client background information, identifying organizations in a client’s community that would benefit from the client’s unique abilities and developing extensive community service placement for the client.
Development of Sentencing Videos
In the face of the Booker decision, a client’s personal history and characteristics have obtained a new relevance in the sentencing world. The courts now consider an offender’s lifetime of good deeds, service to the community, positive contributions to society, and their overall background in sentencing departure decisions. Traditionally these characteristics of the client are conveyed through submitting character letters to the court. In addition to coordinating character letters for submission, we have found inclusion of a character video to be a powerful tool to communicate the emotion and sentiments of a client’s references that cannot be felt in a letter.
A sentencing video provides sentencing judges an additional lens through which to view the client. Videos can humanize a client and capture their blemish free life through the testimony and stories of those they have affected positively. The video submission is a collaborative effort between NCIA, the videographer, the client, and those whose stories best illustrate the message we want to deliver.
Incarceration Management & Federal Prison Consultation
If and when an NCIA client is sentenced to a term of incarceration, NCIA staff assists the client and family members in the transition from the community to a state or federal prison. These services are varied and include:
- Assisting the client in obtaining the most appropriate prison facility. This includes working with federal and state classification and designation authorities in determining the facility that best meets the client and family needs. Critical to this process is developing information and documentation prior to sentencing that provides the necessary information through the presentence report.
- Becoming the advocate for our clients in the designation process. Absent advocacy, many clients are designated to facilities that are inappropriate and not conducive to family visitation.
- Once a designation is made, NCIA assists our clients in both the practical and psychological aspects of imprisonment. These include:
- Understanding the federal and state prison regulations
- Assisting with information such as visiting hours, mail, commissary, telephone, items that are allowed in prison, etc.
- Assisting clients in understanding the “culture” of imprisonment
- Assisting families in understanding their visiting regulations and explaining the process
- Our tenet is that information is critical and that the more our clients can be prepared, the easier the transition is for them.
- Finally, when appropriate, we “partner” our clients with an existing NCIA client who is in a particular federal facility. For the past 40 years, we have assisted thousands of clients and have developed a substantial network of resources throughout the country. Having a currently incarcerated client to assist in the first couple of weeks of imprisonment is invaluable.
Residential Drug Abuse Program, RDAP
NCIA offers comprehensive consulting services to defendants and their counsel regarding RDAP program locations, qualifications and admission criteria. We have successfully assisted hundreds of clients with RDAP representation. Residential Drug Abuse Program (RDAP) is an intensive substance abuse program administered by the Federal Bureau of Prisons (BOP) offered to federal prisoners who qualify and voluntarily elect to enroll. Upon successful completion of the program, prisoners who meet the necessary criteria are eligible for up to a 12-month reduction of their sentence and six months of community custody.
The Supreme Court has approved the BOP’s exercise of discretion to deny early release to defendants with prior convictions for certain offenses, as well as to defendants who received an enhancement for possessing a gun. Violent offenses normally disqualify defendants from the early release portion of the program. Felony or misdemeanor convictions for homicide, forcible rape, robbery, aggravated assault, and child sexual abuses all render a prisoner ineligible to participate. The program is open to inmates with a documented history of substance abuse in the 12-month period prior to arrest for the sentence they are currently serving. It is authorized in 18 U.S.C. § 3621. RDAP is only available to inmates in federal prisons. State prisoners are not eligible to participate. Consulting with a professional experienced in sentence mitigation improves a defendant’s acceptance rate into the program, particularly when charges implicate an individual in a violent crime. We strongly urge that criminal defense attorneys provide advice on these matters as early as possible in the criminal justice process. Research commissioned by the BOP revealed lower rates of recidivism and a higher quality of life upon returning to civilian life for offenders who successfully complete the program.
Many defendants think their term ends upon release from prison. Nothing could be further from the truth. If a defendant in the federal system is leaving prison there is a good chance that he/she will still be in BOP custody until he/she completes his prison term (for sentences greater than 6 months). If a person is going to a Residential Re-entry Center (halfway house) or a Comprehensive Sanction Centers he/she will be working with the BOP’s Community Corrections Management. If he/she eligible to be transferred to home confinement (the last 6 months or 10% of the sentence, whichever is less) your client will transition from the RRC or CSC with another set of rules and requirements.
After leaving BOP custody he/she will start his supervised release period, which is often for a period of 3 years. In all cases you will be following different rules and working with different branches of the Justice Department. Once he/she has completed his sentence he/she will then start supervised release and be under the supervision of the U.S. Probation office, which is part of the U.S. District Courts (Judiciary Branch of the Federal system, as opposed to the Department of Justice). It is the responsibility for the U.S. Probation Office to make sure that every defendant complies with the requirements of his supervised release. Supervised release often contains many different conditions such as travel restrictions, monthly reporting and payment compliance of any fines and restitutions he/she may owe. If there is a fine or restitution outstanding during his supervised release period you will most likely be dealing with the U.S. Attorney’s Financial Litigation Unit. Once a person has completed his sentence (finalized supervised release) then he/she could have local issues such as re-instatement of State voting rights and other disenfranchisement issues.
NCIA can help a defendant navigate through the BOP, U.S. Probation Office, the U.S. attorney’s financial litigation unit and other federal, state and local agencies.
NCIA Post Incarceration services include assisting with:
- RRC/Half-way house placement and consultation; anything from preparing the person on the rules/culture of the HWH; what they can bring with them, obtaining forms of identification; access to your motor vehicle, job hunting; getting the early release to home confinement, advocating for the client with the HWH, etc.
- Home confinement consultation.
- Supervised release consultation – this would include preparing for the probation officers meeting, monthly report, travel requirements, restitution and fine payments, etc.
- Early termination of supervised release assistance.
- Restitution and fine restructuring services.
- Restoration of civil rights.
NCIA also assists inmates in assessing their chances for parole, and developing strategies that will increase their likelihood of obtaining parole release. Following a personal interview, and review of pertinent social and legal information and offense-related behavior, a post-release plan is prepared that addresses the issues of public safety and risk of recidivism through stable residence, employment, support services and community supervision. Reports are submitted to the parole board examiners, and when possible, NCIA staff attends the parole board hearing in further support of the release report.
Stop reacting and start controlling your future!
When the odds are stacked against you it takes a team effort.
Herbert J. Hoelter, NCIA’s Chief Executive Officer, has assisted in over 1,000 prominent white-collar cases during his 40-year career. His expertise in anti-trust, tax, fraud and other individual and corporate crimes is unparalleled. He has also trained and mentored hundreds of other sentencing professionals.
Co-Founder and Chief Executive Officer
Herbert J. Hoelter
Co-Founder and Chief Executive Officer
Herbert J. Hoelter is cofounder and chief executive officer of the National Center on Institutions and Alternatives (NCIA). Founded in 1977, NCIA is regarded as one of the most progressive and effective criminal justice organizations in the country. NCIA is headquartered in Baltimore, Maryland.
Mr. Hoelter is recognized as one of the country’s leading experts in sentencing and the federal prison system and in developing alternative programs to incarceration. He directs NCIA’s sentencing and parole services, which has prepared cases in all 50 states, 75 federal jurisdictions, and three countries. Since 1977, over 20,000 NCIA cases have been presented for consideration by sentencing courts and parole boards. Mr. Hoelter has particular expertise in federal court and white-collar crime, having assisted in the representation of many of the insider trading, tax, securities and corporate fraud cases.
Mr. Hoelter holds a Master of Social Work degree from Marywood University in Pennsylvania and a Bachelor of Arts degree from the University of Buffalo. He has served as an adjunct faculty member at American University and on the faculty of the National Judicial College. He has lectured on sentencing advocacy and reform for over 20 state and local Bar Associations and was the representative of the National Association of Criminal Defense Lawyers (NACDL) before the United States Sentencing Commission on the subject of alternatives to incarceration. Mr. Hoelter has also served as co-chair of the NACDL post-conviction committee. He has appeared on ABC’s 20/20, CNN’s Crossfire, Good Morning America, Nightline and many other television and radio shows.
Mr. Hoelter has written extensively on the U.S. criminal justice system. He is coeditor of The Real War on Crime (HarperCollins, 1996), which advances promising solutions for criminal justice policy in the United States. He has authored articles for The Federal Sentencing Reporter, The Judges Journal, the American Bar Association’s Journal on Law Related Education, Federal Probation, The Champion, and The New England Journal on Civil and Criminal Confinement, as well as numerous legal newsletters.
Federal Mitigation Specialist
Patrick J. Boyce
Federal Mitigation Specialist
Patrick Boyce is our Federal Mitigation Specialist for Criminal Justice Services at NCIA, working on the front lines with clients explaining and coordinating all aspects and benefits of our sentencing mitigation and consultation services; fielding questions and concerns from defendants, loved ones and defense attorneys. Patrick joined NCIA after founding and directing his own criminal justice services firm for over a decade, he brings a wealth of knowledge and invaluable first-hand experience to NCIA clients and counselors.
Patrick counts his greatest attribute as having personally experienced every aspect of the federal criminal justice system – from arrest, indictment, trial and sentencing through incarceration, supervised release, and the rebuilding of life after a period of incarceration. As a result of his experiences, Patrick decided to dedicate his life’s work as an advocate for those defendants and families faced with the possibility of federal incarceration. Patrick has appeared on numerous national television, radio shows and newspapers.
Prior to his indictment, Patrick owned a successful investment firm in the New York area. He is a graduate of the State University of New York and shares his insight, knowledge and experience as a professional sentencing and prison consultant and author of Indicted – A Defendant’s Guide through the Federal Criminal Justice System. Patrick now makes his home in the Columbus, Ohio area with his wife and three children working tirelessly in the interests of our NCIA clients.
Jamie D. Smart, MA
Ms. Smart is Research Analyst for Criminal Justice Services at NCIA, she conducts statistical analyses of both state and federal sentencing practices. Her comprehensive reports are used to provide compelling support for sentence recommendations in both federal and state courts. In addition to conducting statistical research on federal sentencing practices, she is an expert on the Federal Sentencing Guidelines and assists in developing arguments for departures, variances and alternatives to incarceration. Ms. Smart also provides defense teams with comparative analysis of federal sentences based on offense statute for plea negotiations.
Jamie Smart joined NCIA after earning a Master of Arts in Political Science from Texas A&M University. She began her career as a research assistant with the Project for Equity, Representation and Governance at Texas A&M University, where she developed an expertise in multivariate modeling and survey methods. Her interests include public administration, public policy, and social justice.
Alexandria Mills is a Case Associate for Criminal Justice Services at NCIA. Building on her love for videography, she works closely with clients to create emotional and meaningful sentencing videos. After conducting in-depth, often face-to- face interviews, Ms. Mills produces videos that highlight the client’s life and role in the community. She works closely with each client to select family and friends willing to provide testimonies about the client as well as information about past community service involvement.
Sentencing videos may include an in-depth look at possible community service placement, which would detail the client’s current or potential involvement in the organization. The community service portion of the video corresponds to the community service proposal in the sentencing memorandum providing a visual depiction of the importance of the volunteer work as a form of community restitution.
Alexandria Mills joined NCIA in August 2014. She graduated from Towson University in 2014 where she earned Bachelor of Arts degrees in both Religious Studies and Criminal Justice.
Nancy F. Getter, LGSW
Ms. Getter is a Case Associate for Criminal Justice Services at NCIA. Through in-depth interviews with clients, Ms. Getter gathers background information to include in the Personal and Professional section of sentencing memos. Her comprehensive write-ups include a summary of a client’s personal life, his or her career history, and supportive highlights from character reference letters written on the client’s behalf by family members, friends, colleagues, professional associates and community members. Ms. Getter also arranges appropriate community service placements that match client skills with nonprofit organization needs. Once the client begins his or her community service work, Ms. Getter details the client’s contribution to the agency in the Community Service section of the sentencing memo.
Nancy Getter joined NCIA in October 2016. She has an extensive background in the social work field including community organizing, child abuse prevention through intensive parenting support and education, career counseling, and university administration. She earned her Master of Social Work degree from the University of Maryland School of Social Work and holds a Bachelor of Arts degree in English from Dartmouth College.
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