Today is my last day of probation. This is very different from
the day of my official release from custody which I wrote about three years ago
http://www.whitecollarguru.com/2017/04/isnt-it-euphoric-reflections-on-freedom.html
In many ways today is a bigger celebration than the time of my release from
custody three years ago
It is a day that for
which I have been waiting 10 years, five months and one week. I served three
years of probation after having served one month in the Federal Detention Center,
10 months in a prison camp, almost five months in a halfway house and two
months at under home confinement. My probationary period has lasted longer than
my entire sentence. It is a very very big deal that this day has
finally arrived. As of midnight tonight, I will no longer be under the thumb of
the United States criminal justice system. It is a day that I had been looking
forward to for a very long time. I had celebratory events planned for tonight
as well as tomorrow. It is therefore the ultimate irony that I am completing probation
while under quarantine! The celebrations, as planned will not take place, but
there will be celebrations, nonetheless.
Just to give a brief description of probation, or the legal
term Supervised Release, is not prison. If I had to describe it, it would
call it annoying on a practical day to day level. Permission needs to be granted by the probation officer to travel outside of your judicial district and that
request form permission needs to be submitted two weeks prior to traveling. In order
to leave the country, the sentencing judge needs to approve it. There are unannounced
visits from the probation officer, which of course is just a minor inconvenience.
There is the random drug testing where an officer needs to watch you leave a
urine sample, which is of course humiliating. There is monthly financial reporting
which again is just something to remember to do. But all of this is as I said simply
an inconvenience. It is the psychological effect of probation that is the most
difficult. It is the knowledge that even the smallest of infractions, even say
a speeding ticket could land someone back in front of the judge or back in prison,
especially if that interaction with the officer of the law is not reported to
the probation officer. In my case, it was the knowledge that even over 10 years
later I am still serving my sentence; that I need permission for something as
mundane as a trip to New York. No, it is not the actual restrictions of probation
that make it so difficult, it is the actual knowledge that even after having
served a sentence, even after having paid the debt to society, it is still not
over.
Now that it is ending, I can reflect on my life as it was
then and what it is now. In my sentencing speech made in 2015 I told the judge
that I was disgusted by the person I had become in 2009. I had become an
egomaniac (even by my lofty standards) whose only drive was to accumulate as
much power and money as possible. I cared about the power more than the money.
It mattered to me more who I was associated with, which governor or political
candidate who I can meet than what they stood for. Moreover, none of my
friends, bothered to call me out on it, not that I would have listened anyway.
I would have simply attributed their criticism to jealousy.
I now reflect on the person I was in 2015, as I was getting
indicted, pleading guilty and ultimately sentenced. That person is also someone
of whom I am not proud. I was depressed, my self-esteem was battered, and I thought
that my life was over. I was sad all the time even though I did my best to put
on a brave face for my family and friends. I was also angry all the time. I had
lost my career, which was going quite well even before 2008, I was in a
business I did not like, I had settled with a bankruptcy trustee to give up the
vast majority of my wealth which included funds that had nothing to do with my
case. I was angry because I felt I was being sent to prison not because I was
guilty, but because the prosecutors were able to coerce a plea deal out of me which I had taken rather than go to trial
where I could neither afford the representation nor the risk of losing. I was
always anxious, I drank a lot, and was self-medicating because I was unable to
sleep at night. I have said before that that experience was in many ways worse
than prison and that at least getting sentenced ended that stage. I was in a
bad place and that person is also someone who I am ashamed to have become.
I look at myself today and I see a survivor. The experience
of the past 10 years has changed me for the better and has transformed every
aspect of my life in ways I could never have imagined. I am not saying this to
brag, but they threw everything they had at me and I am still standing today. I
am certainly a different person. I have a job that I love but one that I would
never have if I had not gone through this experience. I have lost a lot of
friends, but I learned very early on in the process that the friends who do not
stand by you when you are at your worst were never friends at all. They were
friends of convenience but of little substance. In essence my circle of friends
has gotten smaller, but they are real friendships. In the three years that I
have been on probation, I have made new friends both socially and professionally.
These are relationships that had I not gone through this experience I would not
have and as I sit here today, I view these relationships as indispensable. These
new people in my life know my history, and not only accept me for it but
respect me for it. They are not judgmental in any way because they know who I am
today and everything in the past just does not matter. It is the relationships that
you forge during and after traumatic life events that are the relationships
worth having and I am thankful every day not only for the friends and family
that stood by me but especially for those new friendships I have made which never
would even exist but my going through this experience. There really is a master
plan in the universe.
So, what’s next? The very idea that this is finally over is
euphoric. It is surreal. I actually have trouble believing it myself. For a
former felon the rebuilding never stops. He always feels he has something to prove
because he always thinks people are talking about his past. I don’t think that
feeling will every go away, no matter how much success or failure I ultimately
realize in this next stage of my life. The key is to make the right decisions,
forge real relationships, and never ever let this horrible experience, and it
is a horrible one, get control and ruin your life. It is an experience that can
only make you stronger, it is an experience that has the potential to make you
a better person and it is an experience that shows you the fabric of true friendship.
As we sit here under virtual quarantine, we are all bemoaning
loss of our freedom. It is hard for all of us. But it is important to remember,
and not lose site of what is really important. Yes, it is hard and yes, we cannot
go about our lives and it is true we cannot have the celebrations we wanted to
enjoy. We are all in a sort of prison. As a former prisoner, the best advice I can
give is to focus on what really matters in times like this. If everyone in your
family is healthy, be grateful because there are over a million people
suffering with this terrible disease. If you are not alone be grateful because plenty
of people are suffering alone in isolation right now. And remember to the
extent possible engage in acts of kindness, because as with every prison
sentence this will end, and we will emerge better and stronger.
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