Thomas Che Goldstein: Misleading your Judge with Lies or Half-truths is a Grave Error, As You may require the Court's Mercy Later.
The fall of a Highly Respected Attorney, SCOTUSblog Founder and law partner; to a Gambler Indicted For Tax Fraud.
By: White-Collar Sentencing Consultant, Dr. Marc Blatstein
Thomas Goldstein’s tax fraud indictment included reporting, filing, and paying obligations. Through a mix of calculated financial moves to sustain his gambling habits, attempts to meet repayment obligations, and extensive spending on women, his legal troubles ultimately escalated into charges of tax fraud. The Department of Justice's 22-count tax indictment underscored their comprehensive grasp of his actions, backed by a historical conviction rate of nearly 97% (17 Sec Video).
The irony is striking. Once a highly respected attorney, he co-founded SCOTUSblog in 2003, a pioneering resource for Supreme Court coverage, and was a founding partner of Goldstein and Howe (now Goldstein & Russell).
He also taught Supreme Court Litigation at Harvard Law School in 2004 and at Stanford Law School from 2004 to 2012. Now, he navigates the legal system as a criminal defendant.
Despite his circumstances, while his sharp legal mind remains apparent, a cat only has nine lives, and he is going through them quickly. He was re-arrested because he posed a “significant flight risk,” which tends to happen when you fail to disclose millions in cryptocurrency transactions while simultaneously crying poor in court. Plus, that leaves a poor impression on the court.
Judge Sullivan revised Goldstein's conditions of release,
COUNTING ON A PRESIDENTIAL PARDON. While some might speculate about the possibility of a presidential pardon, basing decisions solely on promises or probabilities is never wise, especially as his initial legal team (who defended Trump), has since moved on. Instead, securing a legal team involves many practical considerations beyond the hypothetical outcome of a pardon.
THE CURRENT DISRUPTION TO THE DOJ, “HIS” JUSTICE DEPARTMENT AS AG BONDI MEMO STATED. Taking a calculated risk, it’s crucial to acknowledge the turmoil currently engulfing the Department of Justice due to the purge initiated by the White House. This upheaval has led to a shift in White-Collar enforcement towards main street, and away from Wall Street, resulting in a significant talent loss that will take years to rectify. Beyond this depletion of skilled professionals, we are witnessing a cascading effect on numerous cases, many of which are now stalled, delayed, or, in some instances, may never reach resolution – so he may get Lucky! Again, hypothetical and I doubt it.
SOME OF HIS CHALLENGES. While on Supervised Pre-release, he is prohibited from engaging in any gambling, including all forms of poker, both online and live. He is restricted to the DC Metro area (or needs PO Permission to travel beyond), no guns, and no drunken conduct. His one win is that Judge Lydia Kay Griggsby will allow him to represent himself alongside his new counsel from Munger, Tolles & Olson LLP: Stephany Reaves Couper, Adeel Mohammadi, and Jonathan I. Kravis.
Potential penalties if convicted at trial or via plea agreement. These include up to five years for tax evasion, three years for filing false tax returns, one year for willful failure to pay taxes, and 30 years for making false statements to mortgage lenders.
What Happens Next Depends on What You Do
Attorneys should provide their clients with honest, sometimes uncomfortable truths about the outcomes of the federal process. I am not sure that Senator Mendez was prepared for his outcome.
An example of this is the 1/29/2025 Guilty verdict following the trial of ex-US Senator Bob Menendez, who was sentenced to 11 years in prison.
Two gambling-related sentencing examples (2024) for Goldstein to consider include:
· An Ohio man was sentenced to over seven years in prison for tax, money laundering, and gambling offenses.
· Two Ohio men received combined sentences of 262 months (over 21 years) for tax, money laundering, and gambling crimes.
Preparing for the Presentence Interview is the most crucial event in your life.
Before sentencing, defendants must focus on earning the respect and trust of the probation officer conducting their interview. Judges heavily rely on the probation officer’s assessment when deciding on sentencing and determining a defendant’s placement in a Bureau of Prisons (BOP) facility.
Your Pre-sentence Interview and Probation Officer
The most pivotal person you’ll meet is your probation officer. Create a well-written personal narrative (41 Sec Video) that offers an honest account of your life—the highs and lows—and explains the circumstances leading to your offense. Take full responsibility for your actions, express genuine remorse for your victims, and avoid making excuses. Make sure your materials are well-organized and free of errors.
This is a big jump for Mr. Goldstein, and he should consider it at the appropriate time. It may be a difficult decision.
Submit this comprehensive packet to your probation officer with letters attesting to your character at least a week before the interview. By the time you meet your probation officer, they will now have the time to get to know you personally, asking any remaining questions they may have. They may even leave the meeting, realizing you’re not the person painted in your indictment.
Understanding Your Federal Judge
Your Federal Judge already knows this:
· The court and your judge may be split between his years of excellence, and his recent past challenges. How this is handled is up to him.
· The Department of Justice (DOJ) aims for convictions.
· The prosecutor seeks prison time. Why? Because they are motivated by several key factors:
o Retribution satisfies society by holding individuals accountable for their actions.
o Incapacitation ensures public safety by placing offenders in secure environments where they cannot commit further crimes.
o Deterrence dissuades individuals and others from engaging in criminal behavior, ultimately reducing future offenses.
o Rehabilitation transforms offenders, helping them reenter society successfully and contribute positively.
Prosecutors may also have personal goals, such as nurturing political ambitions or advancing their careers as white-collar defense attorneys. However, your attorney’s obligation is to YOU and to keep you out of prison.
Your Role in the Sentencing Process - A Recommendation
Federal Judge Robert N. Scola put it best when he advised, “Start preparing for your sentencing hearing as soon as you secure legal counsel." Don’t wait to focus on sentencing advocacy. For 99 percent of federal defendants, sentencing lies ahead, and early preparation can drastically shape the outcome.
Your job is pivotal. Are you willing to share your story honestly and compellingly? Can Thomas Goldstein humanize himself and provide the critical context necessary for the court to consider?
This includes the good, the bad, and the ugly parts of your life; nothing is off the table. Lawyers often focus on the legal aspects of your case, and their fees can reach thousands of dollars per hour. However, investing in yourself is vital. Whether written or video, present your life history to the judge.
Was your crime related to drugs, alcohol, sex, Gambling, or another factor? Have you pursued AA, NA, GA, or therapy sessions independently and retained documentation? If so, that’s great—the judge wants to see it. On the other hand, what have you been doing—working, volunteering, caring for a family member, or just relaxing at home? The judge will not view idleness favorably.
Tax Fraud Liability. If you can pay some or all of it off, do so. Your attorney can explain that they have it in an escrow account and will provide it to the clerk after your sentencing. This will look favorably to the judge. At the same time, avoid showing up in expensive cars while claiming no ability to pay.
How to Craft Your Allocution for Maximum Leniency.
Understanding who you are is critical for a judge's evaluation. Demonstrating humility and proactive efforts, such as addressing mental health issues and settling some or all of your restitution before your presentence interview (or sentencing), can significantly enhance your standing with the court.
The new administration's mandates to 1) house immigrants detained by ICE, 2) implementation of harsher sentences, and 3) a 25% pay cut for Bureau of Prisons (BOP) staff (as some resign), together will likely overwhelm an already strained system. This could result in the delay of medical care, along with the temporary suspension of (FSA) programs in the near future.
Inside federal facilities, several programs are designed to support rehabilitation and provide opportunities for inmates to work toward an earlier release date, including the following:
· First Step Act (FSA) Programs: Rehabilitation and education initiatives to reduce recidivism, offering time credits toward earlier release.
· Residential Drug Abuse Program (RDAP): Substance abuse treatment that can reduce sentences by up to one year.
· Financial Responsibility Program (FRP): This program helps inmates meet financial obligations like restitution while improving their early release prospects.
Prison Is Temporary – Your Life Is Not Over – Things To Consider - When Reality Hits
Doctors should not treat themselves, just as lawyers should not represent themselves. Before considering a plea, it's essential to discuss important matters with his attorney, such as supervised release options, potential monetary penalties, and any restitution or financial penalties you might be required to pay. While he is a very smart lawyer, I suspect that arguing before the Supreme Court is quite different from understanding how these factors can significantly impact his personal legal options. Consider your attorney's opinions, as they offer a more neutral perspective than your own.
Thomas Goldstein has a wealth of experience that he could offer to those around him. If he ends up incarcerated, he has the potential to make a positive impact by mentoring individuals who are less fortunate through meaningful classes. Once he is released, he will have the chance to explore new possibilities, finding hope and opportunity in a world that is ready to embrace him.
Counsel and First Impressions
"For assistance with these items and others related to Presentence Mitigation concerns, reach me at PPRSUS.com.” Drmb@PPRSUS.com, 240.888.7778.