Court filing
Sentencing Memorandum — United States v. Adam Winston James
Filed January 7, 2022 in U.S. v. Adam James; one of 8 filings from this case.
Record facts
| Court | U.S. District Court, Northern District of Oklahoma |
|---|---|
| Filed | 2022-01-07 |
Full text
ADAM JAMES
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA
Docket No.: 4:20-cr-00327-GKF
VS.
ADAM JAMES
SENTENCING MEMORANDUM
I.
BACKGROUND
A. PERSONAL AND FAMILIAL HISTORY
As noted in the presentence report, Adam James, hereinafter referred to as “Adam”, was born and
raised in Toledo Ohio. At a young age Adam excelled in school and always had the mental
capacity for business. Unfortunately, Adam had a very strict upbringing wherein his father, a
Church Bishop, stressed the importance of having the correct image in public but allowed Adam to
be mistreated in the home. This led to severe depression and alcoholism after experiencing many
of his older siblings die and/or turn to drugs as a coping mechanism.
Adam left his childhood state of Ohio to get away from his family and attended college at Oral
Roberts University in Oklahoma. He then spread his wings even further and moved to France for
an extended time. Growing up in Toledo affected Adam‘s perception of right and wrong but
pushed him to help others avoid the same situation he was raised in. He always felt suffocated by
perception and believed true happiness did not matter if you looked good to outsiders.
Adam moved back to Oklahoma and was lastly working in property management. Most of his free
time is spent helping at risk youth in the Tulsa community. He is a valuable member of society by
not only contributing to the workforce but also by providing a positive alternative to children stuck
in the cycle. Adam has no prior criminal record and is celebrated as someone who’s dedicated their
life to helping others. Unfortunately, Adam is not perfect. While teaching children the importance
of doing things the right way, Adam decided to take a short cut.
I assure you; Adam now understands he was a walking hypocrite. Adam now has to look the
youth, he dedicated his life to helping, in the eye and tell him “I was exactly who I was telling you
not to be”. Adam understands he let his family, the church, the community and himself down by
taking the easy way out and trying to take advantage of the system.
B. THE INSTANT O F F E N S E
The instant offense is one Adam is not looking to justify. Adam immediately took responsibility
for his actions, and in fact attempted to return the money procured by the illegal activity prior to
any action being taken by the authorities. It was Adam himself who self-reported his crime by
calling Regent Bank and saying the application contained false information. It took Adam a
couple of weeks of reflection before he understood how harmful his actions were. He understands
now this is not a victimless crime. Adam could not sleep at night knowing he was taking money
from the communities he was so intent on helping. It should be noted Adam received the SBA
loan on May 11, 2020 and attempted to return the funds on June 9, 2020. Mr. James just narrowly
missed the amnesty period for return of funds which was May 5, 2020.
II.
ADAM JAMES’ REQUEST FOR SENTENCING PURSUANT TO
18§1028(A)
Adam is not asking for a pass. He knows his actions were both criminal and immoral. However, he
is simply asking for understanding. Understanding of why he did not see the error in his ways and
understanding that because he has, he is ready, willing and able to be a better person for not only
himself but for his community and the young lives he can affect.
I’m asking that Adam’s sentence reflects just that, a justified punishment along with an
opportunity for redemption. This is his only interaction with the courts and the law, and he is
determined to make it his last.
Adam James, by and through his attorney, Donte Mills ESQ., respectfully request that this Court
sentence him pursuant to 18§1028(A) and Order him to participate in the Federal Bureau of
prisons and drug and alcohol program. RDAP will be an effective program in helping Adam
control a habit he’s worked hard to fight his entire life. We are also requesting placement in FPC
Montgomery as it will allow Mr. James the ability to stay connected to his support system in
preparation for returning to society in an effective way.
Respectfully Submitted.
__Donte Mills_________
Mills & Edwards, LLP
Attorneys for Defendant
14 Penn Plaza, 20th floor
New York, NY 10122
212-635-2969
CERTIFICATE OF SERVICE
I. Donte Mills, Esquire, certifies that a copy of the foregoing Sentencing Memorandum was
served, via electronic-delivery, to the following:
Victor Regal, Esquire at victor.regal@usdoj.gov
Datc: January 7, 2022
Mills & Edwards, LLP
Attorneys for Defendant
14 Penn Plaza, 20th floor
NEW York, NY 10122
212-635-2969
EXHIBIT “A”
EXHIBIT “B”
EXHIBIT “C”
Therapy Associates, LLC
1611 South Utica Avenue # 403 Tulsa, Oklahoma 74104
Karla M. Kerby, PhD LMFT
September 10, 2021
Re: Mr. Adam James
Your Honor,
This letter is written at the request of Mr. Adam James. I have seen Mr. James twice monthly from
February 2021 to the present date at Tulsa Counseling Services for pretrial counseling. He has been
compliant and forthcoming in his participation.
Mr. James has reviewed and fully processed his offense. He has shown remorse and understanding
of the damage associated with it. Mr. James reported he has attempted to make financial amends
concerning his offense.
Regards,
Karla Kerby
Karla M. Kerby, Ph.D. L.M.F.T.
EXHIBIT “D”
EXHIBIT “E”
Greenwich CT & Nationwide
PO Box 1, Woodbury, Connecticut 06798
212-859-3512 I prisonist.org
Rev. Jeff Grant, J.D., M.Div.
Co-Founder/Minister
jgrant@prisonist.org
September 17, 2021
Hon. Gregory K. Frizzel
United States District Judge for the Northern District of Oklahoma
United States Courthouse
333 West Fourth St., Room 411
Tulsa, OK 74103
Re: Adam Winston James
4:20-cr-00327-GKF
Dear Judge Frizzel:
Thank you for this opportunity to provide a letter on behalf of Adam James.
This letter makes three (3) pertinent points:
1. Adam has become a member of our ministry serving the white collar justice community,
and is regular member of our White Collar Support Group that meets on Monday nights.
Through the group support, and one-on-one phone calls and video chats, I have come to
know and understand him well. Adam has fully availed himself of community-based
rehabilitative support since his arrest, has accepted that he has a continuing need for such
support, and is fully committed to accepting such for the rest of his life;
2. That ample community-based therapeutic, spiritual and related addiction rehabilitative
support exists that the court could consider as a lenient and diversionary option in
sentencing;
3. It would be in the best interest of all concerned for the court to instruct Adam to continue
such community-based support. This, together with Adam’s history of service and
volunteerism in the community, make Adam a perfect candidate for such lenient and
diversionary sentencing.
I am an ordained reverend and co-founder of Progressive Prison Ministries, Inc., a ministry
serving the white collar justice community. Relationships I maintain with those I serve are
pursuant to applicable state clergy privilege laws. I am also an attorney licensed to practice in
the State of New York, although I am not representing Adam in this capacity.
My experience with Adam James. I have known Adam since he first reached out to me in June
2021. He has since shown the level of engagement that marks the type of commitment we look
for in order to set up a program of long-term success.
A key point I’d like to make on Adam’s behalf is that he has been one hundred (100%) percent
compliant in adherence with the rigors of our ministry and other interventions he has
voluntarily sought.
Adam has participated in weekly online support group meetings, and in other online meetings
we hold. He has assertively taken on increasing responsibility in the support group and is
involved in the betterment of his fellows. He has regular phone and video calls with other
members of our support group (something we strongly encourage) and others going through
the throes of the criminal justice system, offering them his experience, strength and hope.
Adam is a true example of someone who has learned to ask for help and help when asked.
Adam has shared much of his story on our Monday night meeting, and was incredibly well
received because of his candor and absolute acceptance of responsibility for his behavior and
crimes. It is not often that someone in the beginning of their criminal justice journey can
possess the kind of self-awareness, dedication to his recovery and desire to make amends to
those he harmed that Adam has shown.
It is notable that he has maintained an upbeat and optimistic disposition, and has continued to
volunteer in the community, even as he is experiencing perhaps the biggest challenges of his
life.
I have had several meetings, and phone and video conferences, with Adam, and learned the
intimate details about his rise to financial success after rather humble beginnings as the son of
a preacher, and how that might have given him a neurotic transference of his business success
to an inappropriate sense of personal self-importance and self-reliance. In this light, it was
easier to understand how someone with such strong community ties, close family relationships,
and professional success could have done the things he admittedly did. And, yet, this a
paradigm we see often in our ministry - businesspeople suffering overwhelming exhaustion
and sacrifice driven by the unreasonable rigors needed to be successful, untreated
psychological issues, and failure to understand how all of this leads to a one-way trip to
selfdestruction.
I have come to the conclusion that Adam is a good person who was insecure, codependent and
a people pleaser who did bad things for what he misguidedly thought were the need to provide
for his family. I believe his arrest and prosecution have been humbling experiences for Adam,
and that he has learned, albeit the hard way, that he was wrong and that in his efforts to please
everybody, he pleased nobody.
Adam has accepted the reality of his situation and has devoted this time before his sentencing
to personal growth.
I have extensively discussed the above with Adam, and he offers none as an excuse for his
behavior or his crimes.
I believe that the above, combined with Adam’s continued willingness to seek and accept help
from our ministry, support group, and other available community-based resources and
interventions, make him a perfect candidate for the court’s leniency and referral to noncustodial,
community corrections.
Background. Progressive Prison Ministries, Inc. supports individuals and families through the
various stages of the legal process, incarceration (or probation), reentry into society and the
workforce, and all the way to a successful and fulfilling life on the other side of their issues.
Among other initiatives, every Monday evening we host an online support group for individuals
who have been prosecuted for white collar crimes. On Monday, September 20, 2021, we will
hold our 275th weekly meeting.
Our goal is to provide spiritual solutions and emotional support to those who are feeling alone,
isolated, and hopeless. Our objective is to help them find a path to a healthy, spirit-filled place
on the other side of what may seem like insurmountable problems. Many of those we counsel
are in a place where their previous lives have come to an end due to their transgressions. In
many cases their legal problems have led to divorce, estrangement from their children, families,
friends and support communities, and loss of a career. The toll this takes on individuals and
families is emotionally devastating. White-collar crimes are often precipitated by other issues
in the offenders’ lives such as alcohol or drug abuse, and/or a physical or mental illness that led
to financial issues that overwhelms their ability to be present for themselves and their families,
and cause poor decision making, lack of good judgment, and irrational behavior. We recognize
that life often presents us with such circumstances, sometimes which lead us to make mistakes
in violation of the law.
To date we have helped over five hundred (500) people prosecuted for white collar crimes to
accept responsibility for their actions and to acknowledge the pain and loss they have caused to
others. In accordance with our commitment to restorative justice, we suggest to our ministees
that they make amends as a first step in changing their lives and moving towards a new spiritual
way of living centered on hope, care, compassion, tolerance, empathy and service to others.
More information is available on our website, prisonist.org.
Please feel free to contact me if I can provide any further information.
Thank you for your consideration.
Respectfully submitted,
Jeffrey D. Grant
Rev. Jeff Grant, J.D., M.Div.
cc: Donte Mills , Sr
Mills & Edwards, LLP
14 Penn Plaza
20th Floor
Ste 2020
New York, NY 10122
212-635-2969
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