I Will Never Return to Court

How would a Judge know I will never return to a courtroom as a federal defendant? It’s a fair question. My appearance as a defendant in court is a direct result of the economic disaster caused by the Coronavirus pandemic; the federal government literally squashed commerce across this great nation. I do not have a history of borrowing money from the Small Business Administration (SBA), or any other government agency, and the economic shutdown caused by the Coronavirus is unlikely to repeat. I do not have a criminal history, and I corrected my mistake almost immediately when I became aware of the criminal investigation into my business activities.

I believe my actions validate my remorse, regret and show my genuine resolve to demonstrate recompense to the court. I personally believe it is my responsibility to pay my debts – even while being sentenced in court and the possibility of incarceration. I was fearful of an unrecoverable business failure, and succumbed to the pressure of borrowing money from the government; the SBA offered the only game in town as the lender of last resort during the Coronavirus disaster. I have since corrected my error by paying back everything I borrowed from the SBA.

I acted swiftly to make amends. I paid full restitution before sentencing. I cannot image my behavior is representative of a seasoned criminal. I believe my actions clearly demonstrate that I made a serious error in judgment and I did everything possible to correct my mistake. I do not pose a threat to society; in fact, I believe my community will be diminished if I am incarceration.

I hope the judge in my case will show mercy, but what I truly fear is owing money to the same government that wants to incarcerate me. I fear it may be harmful to my person and the wellbeing of my family. Perhaps my concerns are overblown, but it seems to me the pursuit of justice has been subjugated by the State when its primary object became debt collection by criminal prosecution. Debtor prison has long been abolished in our society, but it appears the federal government has created a new form of debtor prison.

My personally held fear is only pertinent from the perspective of self-preservation. I am thankful I had the wherewithal to pay my restitution before my sentence is imposed by the court. If my sentence includes incarceration, I am relieved that I can report for prison with zero restitution owed. I believe my family will benefit.

I was concerned about my financial future when I liquidated by business assets to pay restitution - twenty years of hard work wiped out because of the Coronavirus disaster. I’m bitter about it, but I noticed my wife is visibly relieved. The silver lining to all this is that I’ve been forced to prove my devotion to my wife and family, and so far I’ve risen to the challenge.

I think nothing of working long hours and doing what is necessary to make a deal, and my wife has always appreciated my work ethic. When I applied my work ethic to sorting out my problem with the SBA I won considerable ‘brownie points’ at home. I am surprised, but my wife would rather be married to a felon who can keep his word than a guarantee of living in comfort.

I believe in doing everything possible to mitigate my sentence, but I am preparing for the worse. If my sentence includes prison, I will be able to face the consequence with a clear conscience. I did everything humanly possible to make this right, it is the reason I have a chance to preserve my marriage, and the reason my wife will wait for me if I land in prison.

If I am ever faced with the total dissolution of my business in the future, and I have the opportunity to borrow money from the government as a means to preserve my company, I will permanently close down without exception. I guarantee it! I will never borrow money from the government again, I will never put this kind strain on my marriage again and I will never stand before a judge again.