Who Will Be Harmed?

Who will be harmed or protected by incarceration? The answer to this question should be identified before the Department of Justice is allowed to incarcerate a citizen? It becomes complicated when the government assumes the role of victim, judge and warden.

My victim is the federal government which happens to be the largest employer in the nation employing over 2.1 million federal employees. By comparison, the largest private sector employer in the nation is Walmart with 1.5 million workers. Federal employees receive pay that is seventeen percent (17%) higher on average than private sector employees who perform comparable work, and the federal employee works twelve percent (12%) fewer hours on average. The private sector often opine how federal employees enjoy better pay and benefits, and are never fired. A federal employee has less than one percent (0.2%) chance of being fired which is forty-five (45) times lower than the private sector. State and local government account for an additional 7.4 million workers, and in combination with the federal government workforce account for more than eighteen percent (18%) of total employment nationwide[1].

I was taught in school that the role of government is not to provide an employment guarantee, but rather a neutral party to uphold contracts and ensure public safety. Only about one-quarter (25%) of Americans say they trust the government to do what’s right; the other seventy-five percent (75%) do not trust bureaucrats. Confidence in the federal government’s handling of domestic problems is only thirty-nine percent (39%), and only fifty-four percent (54%) of U.S. adults trust the judicial branch which is down 13 points compared to 2020[2]. According to the Government Accountability Office (GOA), the Small Business Administration (SBA) temporarily stopped receiving and processing EIDL applications because of program changes, legislative changes, and exhaustion of funding at the height of the pandemic.

The GOA recited concerns from small business owners about the lack of information and uncertainty about application status, the SBA didn’t provide important information about limits on loan amounts and definitions of program terms, long call wait times[3], and while failing to provide core competencies expected error-free compliance from the small business owner.

Who will be harmed or protected by my incarceration? The only people being harmed is my wife and family, business associates, evicted tenants and my community. There is not a living soul that will be protected by my incarceration. The federal government is not being protected by my incarceration either; my crime caused no lasting harm against the government. I made the government whole, and even now the SBA emergency loan program is fully funded and available.

Ultimately, I am responsible for the operation of my small business. I made the decision to apply for SBA funding, and I accept full responsibility for trying to save my business. I believe paying my debt is the right thing to do. I don’t carry a balance on credit cards, whenever possible I payoff my loans before maturity, and it’s the only reason I was able to sell my assets to pay restitution.

My genuine fear is owing money to a government that is simultaneously a victim, wields the power to pass judgement and imprison the wrongdoer. I believe it’s a dangerous recipe for abuse against my person. I paid back my loans because I do not believe it wise to allow the same government I borrowed money from to also incarcerate me.

I want my wife to respect the man she married, and I want the best chance to save my marriage. Being imprisoned with a huge burden of debt is contrary to this goal. If the judge sends me to prison, I want to return home to the woman I love without being abused behind bars. This experience has been upsetting, but I will face the music with hope and dignity in my heart. My plan is to use the criminal justice system to mitigate my marriage, and paying off the debt I owe to the SBA is the cornerstone of my plan. My marriage mitigation technique is working so far, and if I’m incarcerated I want it to keep working.

[1] Tate, Kristen, “The sheer size of our government workforce is an alarming problem,” The Hill, 04/14/19 [2] Brenan, Megan, “American’s Trust in Government Remains Low,” Gallup, 09/30/21 [3] Government Accountability Office (GAO), Report to Congressional Addressees, “Economic Injury Disaster Loan Program, Additional Actions Needed to Improve Communication with Applicants and Address Fraud Risks,” July, 2021.

Source: Brenan, Megan, “American’s Trust in Government Remains Low,” Gallup, 09/30/21