Harvey Weinstein: How prison consultants help high-profile criminals navigate jail

Facing a prison sentence may seem like an insurmountable punishment, but according to prison consultants, jail is the easy part.

On 24 February 2020, Harvey Weinstein was found guilty of rape in the third degree and a criminal sexual act. On Wednesday 11 March, he was sentenced to 23 years in prison.

Shortly after the verdict was announced, it was revealed that the former movie producer had hired Craig Rothfeld, a prison consultant.

To find out what exactly prison consultants can do for their clients, and what criminals facing prison should know ahead of their entry, we spoke to federal prison consultant Justin Paperny, author of Lessons From Prison and co-founder of White Collar Advice, who shared with us his tips for successfully serving a prison sentence, and why hiring a consultant can be useful.

According to Paperny, there are a few things that people need to know before entering prison the first time - the most important being the realisation that the experience weighs more heavily on their loved ones.

“The experience is harder on those that love and support them,” Paperny told us.

Prisoners should also be careful to avoid complaining about their sentencing once they get to jail - especially if it is for a white-collar crime - as the other prisoners won’t feel sympathy.

“They should never complain or lament over the length of sentence, especially if it is for a white collar crime,” Paperny said, adding that: “People have been there for decades and they don’t want to hear it.”

In general, new prisoners should try to limit discussion as much as possible to avoid conflict, according to Paperny, who told us that first-time prisoners should not speak with staff, guards, case managers, or correction managers unless they have to”.

Paperny also advises new prisoners to “understand their environment before they seek to manipulate it to their advantage”.

“A number of prisoners are used to getting their way,” he explained. “They want an iPhone, better food, a better mattress… But before they try to manipulate their environment, they should understand they are in a new world.”

While the advice is generally useful for all prisoners, it is especially true for high-profile individuals such as Weinstein, who can find it “harder to get off the grid”.

In addition to celebrity prisoners often finding themselves the target of people looking to exploit or make an example out of them, they often have a harder time laying low from the beginning, as it is not uncommon for prisoners and guards to know when they are showing up, according to Paperny.

But once the prison sentence begins is when an individual’s work really starts - with clients of prison consultants expected to “hit the ground running”.

According to Paperny, this means going in with the understanding that one’s prison sentence will be spent bettering themselves by reading, writing, thinking and learning.

Acknowledging that the day-to-day will vary depending on the prisoner’s interests, Paperny told us: “They have to create a routine that the people that love and support them would be proud of. Waking up early, reading, writing, exercising, avoiding the hustle and drama and problems, and inevitable boredom.”

This also means creating goals and encouraging loved ones to hold you accountable - a method that Paperny followed during his own 18-month prison term for a felony conviction for violating securities laws.

“There was nothing ambiguous or vague about my plans in prison and how it would help me upon my release,” he said. “Accountability metrics are key. That’s what all prisoners can do and in many ways, they can make a prison term inspiring and uplifting.”

By following a routine, those carrying out a prison sentence can ultimately grow stronger and better - with Paperny telling us he believes the same is possible for Weinstein, despite prison being a “devastating” experience.

“It doesn’t have to be the end of the world, you can be successful through prison and beyond. [Weinstein] can have an incredibly productive prison term, he can educate and inspire other prisoners, and he can give back and help,” he said of the 67-year-old’s potential behind bars.

However, any self-improvement while in prison is useless if an individual is unable to overcome the challenges that they will face after their sentence is complete.

According to Paperny, who told us the “two toughest days are the day he surrenders and the day he goes home,” life after prison has its own difficulties - which is why prison consultants help clients “focus on the big life-changing stuff”.

“There are so many collateral consequences to going to prison,” Paperny said, including damage to one’s reputation, financial consequences, such as payment for lawyers and restitutions, the inability to get a licence in your field again, and the “mental consequences and stigma of knowing that people may think of you as a criminal who exploits others”.

The experience is “sobering and humbling,” according to Paperny. “As hard as we work to rebuild it, it doesn’t change being cut off from the labour market and destroying one’s network and reputation.

“The biggest concern is not life in prison, it should be: ‘How does my sentence not become a life sentence?’”

Prison consultants can also help clients before they've been sentenced - by helping them express why they deserve leniency or helping them hold their lawyers accountable.

"The work we do helps lawyers sell why their client is worthy of the best sentence," Paperny said.

Weinstein, who arrived to Manhattan Supreme Court in handcuffs, was sentenced on Wednesday.