Herbert J. Hoelter: Difference between revisions
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==Recent Developments== |
==Recent Developments== |
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Based on his work with different clients and their representative law firms through the years, Hoelter has developed a database containing US Sentencing Commission data |
Based on his work with different clients and their representative law firms through the years, Hoelter has developed a database containing US Sentencing Commission data that details the past 10 years of industry proceedings. This proprietary database allows Hoelter's professional team to make significant downward sentencing mitigation arguments. Defense attorneys now have empirical data at their disposal that allows them to address critical sentencing matters regarding disparity, restitution, and forfeiture amongst other critical factors and present them in a quantifiable and persuasive manner to federal judges. |
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==External Links== |
==External Links== |
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Revision as of 20:55, 5 April 2012
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Herbert J. Hoelter is an American criminal justice consultant. The Boston Globe recognized him as a pioneer in the field of federal sentencing mitigation and a highly regarded prison consultant[1]. He is an expert in sentencing, creative alternatives to incarceration and the Federal Bureau of Prisons' residential drug abuse program (RDAP). He is chairman and CEO of the National Center on Institutions and Alternatives (NCIA), a group he co-founded along with Dr. Jerome G. Miller in 1977.
Unlike Larry Jay Levine, Tom Miller, Jimmy Tayoun, and Frank Sweeney, who compete with Hoelter to provide services to criminal defendants, he has never been incarcerated. On occasion, he has been labeled[by whom?] as a "prison coach" but rejects the term. He prefers the moniker "professional federal sentencing consultant", and describes his work as assisting with the "transition from freedom to incarceration."[2]
Hoelter focuses on white-collar defendants in federal cases, and has represented prior to and post sentencing Bernard L. Madoff[2][3],Martha Stewart[4], Michael Vick[3], Michael Milken[5], Leona Helmsley[6], Lewis "Scooter" Libby and Mike Tyson[1], as well as politicians, foreign nationals, husband wife or family defendants, independent business people and Wall Street executives[who?]. He is also a speaker, and provides testimony to government panels and professional and academic audiences on the criminal justice system and punishment alternatives that do no involve imprisonment.
Early Years
Herbert Hoelter completed his undergraduate studies at the University of Buffalo, earning a Bachelor of Arts. He then obtained a Masters of Social Work from Marywood College in Scranton, Pennsylvania. He served as an adjunct faculty member at American University in Washington, DC, and on the faculty of the National Judicial College.
Career and NCIA
Beginning in 1977, Herbert Hoelter and the organization he co-founded, NCIA, have worked with criminal defense lawyers in developing client-specific sentencing alternatives for defendants facing sentences in state and federal court. He spearheaded the NCIA's sentencing and parole services, which has prepared cases in all 50 states, 75 federal jurisdictions, and three countries. In total, more than 15,000 cases have been presented by the NCIA for consideration by sentencing courts and parole boards.[7]
Prior to sentencing, Hoelter and his colleagues at the NCIA present recommendations for alternative sentences and work on a client's behalf to secure appropriate prison placement, typically a minimum security facility where the risk of violence is low[3]. They also document the circumstances of a crime, and outline the redeeming qualities of the individual to contrast the prosecution's portrayal.[5] Once a sentence has been handed down, the organization helps an inmate assimilate into the culture of prison life from a practical and psychological standpoint.[3] Arrangements and conditions for family visitation, mail, commissary, telephone privileges, and items permitted inside are thoroughly explained.
Hoelter has also spent an ample amount of time advocating for prison reform and creative alternatives to incarceration. He offers alternatives such as work release, community incarceration, drug rehabilitation centers, home detention, community service, and strict probation aided by GPS monitoring.[8] In June 1987 he testified before the United States Sentencing Commission on the issue of alternatives to incarceration. He characterized the experience at the USSC hearing as one of the "defining and indelible" moments of his career. He would again submit testimony to the Sentencing Commission in July 2008 at a national conference on same issue.[9]
High-Profile Clientele
Herbert Hoelter has represented superstar athletes, politicos, corporate executives and titans of finance. The roster of well-known names includes Bernard L. Madoff, Michael Vick, Michael Milken, Martha Stewart, Leona Helmsley, Mike Tyson and Lewis "Scooter" Libby. He also provided consulting services for a number of Enron executives in the early 1990s.[5]Starting at the turn of the 21st century and including the 2008–2012 global financial crisis, Hoelter's practice grew in complexity. During this time he has represented a growing group of diverse defendants. He has worked in conjunction with many of the country's largest law firms and a number of the most prominent attorneys in the discipline of criminal defense.
Hoelter advised Bernard L. Madoff on medical care before the notorious financial criminal began a 150-year federal prison sentence[3]. While acknowledging the havoc caused by Madoff's fraudulent activities, Hoelter described the sentence as "the crown jewel" for the federal government and one imposed for "symbolic purposes."[2]
In the majority of cases featuring well-known clients, Hoelter has managed to develop court-approved sentencing proposals which produced more lenient sentences featuring substantial amounts of community service and home confinement.[5] When clients receive more stringent prison terms, as was the case for Vick, Hoelter strategizes for the resumption of life beyond prison walls and focuses on re-entry back into society.[3]
Recent Developments
Based on his work with different clients and their representative law firms through the years, Hoelter has developed a database containing US Sentencing Commission data that details the past 10 years of industry proceedings. This proprietary database allows Hoelter's professional team to make significant downward sentencing mitigation arguments. Defense attorneys now have empirical data at their disposal that allows them to address critical sentencing matters regarding disparity, restitution, and forfeiture amongst other critical factors and present them in a quantifiable and persuasive manner to federal judges.
External Links
Official
Videos
References
- ^ a b Robertson, Tatsha (April 9, 2004). "Not-so-hard-time: Consultants help well-to-do avoid tough sentences". Boston Globe.
- ^ a b c "Madoff's Prison Adviser Gives a Lesson in Criminal Justice". New York Daily News. August 2, 2009.
- ^ a b c d e f Abrams, Jonathan. "Consultants Are Providing High-Profile Inmates a Game Plan for Coping". New York Times.
- ^ English, Simon. "Martha Stewart turns to her latest status symbol, a trial guru". The Telegraph. Retrieved April 4, 2012.
- ^ a b c d Oldenburg, Dan (June 2, 2003). "Mr. Liberty: As More White-Collar Criminals Land in Jail, a Sentencing Consultant Finds Himself in Demand". Washington Post.
- ^ Zagorin, Adam (May 24, 1993). "Get Out of Jail, Not Quite Free". TIME.
- ^ "ncia". National Center on Institutions & Alternatives. Retrieved 5 April 2012.
- ^ Hoelter, Herbert (2009). "Sentencing Alternatives - Back to the Future". Federal Sentencing Reporter. 22 (1).
{{cite journal}}: Unknown parameter|month=ignored (help) - ^ "Proceedings from the Symposium on Alternatives to Incarceration". United States Sentencing Commission. Retrieved 5 April 2012.