Understanding the Indictment

Why Indictments Matter

If authorities bring charges against you, they may do so by indictment, criminal complaint, or information. Understanding the differences can help you and your attorney make better decisions. While no one wants to be charged, you cannot change the past—you can only work toward building a mitigation strategy that leads to the best possible outcome.

From my own experience, I was indicted for leading a drug conspiracy. I didn’t fully understand the seriousness of an indictment; I went to trial, and received a 45-year federal sentence. The lesson I share here is that the earlier you start preparing, the stronger your chances of influencing a better result.

What Is an Indictment?

• An indictment is a formal accusation returned by a grand jury at the request of prosecutors.
  
  
• The grand jury only hears the government’s side—there is no defense attorney present.
  
  
• Indictments include:
  
  
  
  • Caption and case number – formal identifiers that will follow you.
    
    
  • Counts – each charge brought by the government.
    
    
  • Statutory citations – references to the U.S. Code and penalties.
    
    
  • Factual allegations – a summary of the conduct claimed to be illegal.
    
    

Prosecutors must prove each element of the offense beyond a reasonable doubt, though as my judge once told a jury, “beyond a reasonable doubt doesn’t mean beyond all doubt.”

Alternatives to Indictment

• Sometimes prosecutors negotiate a plea agreement through a criminal complaint or information instead of convening a grand jury.
  
  
• Pleas often result in lower sentences than convictions at trial.
  
  
• Each case is different, but knowing your options allows you to weigh risks and benefits.
  
  

Conspiracy and Overt Acts

• Conspiracy charges are common in federal cases.
  
  
• They require:
  
  
  
  • An agreement between two or more people to commit a crime.
    
    
  • An overt act in furtherance of that agreement.
    
    
• Even lawful actions (like sending an email) can be overt acts if they advance a conspiracy.
  
  

Common Federal Charges

Indictments frequently involve:

• Wire fraud, mail fraud, bank fraud, securities fraud
  
  
• Money laundering, tax evasion, drug trafficking
  
  
• Even bank robbery (because banks are federally insured)
  
  

Prosecutors may also add forfeiture counts, seizing homes, bank accounts, or other property linked to the alleged crimes. Indictments can be superseded, adding new charges or defendants to increase pressure.

Next Steps if Indicted

• Remember: an indictment is not proof of guilt—it’s only an accusation.
  
  
• Work closely and honestly with your defense attorney.
  
  
• Avoid discussing your case with anyone else; careless conversations can worsen matters.
  
  
• Use reliable resources to educate yourself:
  
  
  
  • PrisonProfessors.org for free lessons and tools.
    
    
  • DOJ resources (such as the Justice Manual) for official explanations of procedures.
    
    
  • WhiteCollarAdvice.com/Nonprofit for free interactive webinars hosted by Justin Paperny, the only resource I recommend for one-on-one guidance.
    
    

Key Takeaways

• An indictment is a serious step, but not a conviction.
  
  
• Prosecutors control the narrative—you must prepare your own story.
  
  
• Conspiracy and forfeiture charges expand risk; understand them early.
  
  
• Mitigation starts now: honesty, documentation, and proactive steps matter.
  
  

Self-Directed Exercise

Write out answers to these questions:

1. What do you understand about the charges you face?
   
   
2. How could prosecutors describe you—and how would you describe yourself differently?
   
   
3. What steps are you taking today to prepare for sentencing and reentry?
   
   

Upload your answers to your PrisonProfessors.org profile. Doing so creates a public record of your growth and commitment to accountability—valuable for sentencing, supervised release, or even future clemency petitions.