US Attorney in the district has a playbook when all moneys haven't been recovered. SEC complaint will seem like a good time when he gets indicted by that guy.

I didn't have a "super attorney". My brother was a known attorney in my district. But not a federal criminal attorney. The first attorney he hired was a really good known attorney. He warned me day one that his partner had a state cocaine case of 2,000 lbs. As soon as his client flipped, he had to recuse himself as my co defendent was being charged with the whole 12,000 lb load that came in. This particular buddy was head of shipping and receiving. He eventually plead to 23 years.

My attorney in the second case was Ted Simon. Look up Ted Simon NACDL. We thought he was a pretty good attorney, as he was only needed for the Arraignment. I would have got more time with less pot in this case. Because I would have been the leader, organizer or manager in this case. Keep reading until you get to, "successful resolution for the lead defendant in a multi million dollar international federal drug smuggling case involving in excess of a thousand kilos of marijuana". That's me.

We agreed to a rule 20 and transferred case back to original indictment which was the successful resolution. Funny thing is, Ted Simon had nothing to do with it. He was only hired to give impression that I was continuing to fight.

I sought Michael Stepanion's advice from NORML. I was introduced by a friend who won a supreme court case with Michael. He advised me that the attorney I had was during a great job. He honestly thought like others that bringing in an out of town big name attorney doesn't help when my attorney had been working with the guy for close to 10 years or so. Ted Simon was big name, but local.

Super attorney equals Gerry Spence. Never lost a case.

Super cool attorney- Michael Stepanion was Hunter S Thompson's attorney. He was depicted in Fear and Loathing in Las Vegas as the crazy Somaon attorney. He's Armenian I believe. I had a great time meeting him. He had some great stories, and thought our stories were pretty damn funny too.

I'm repeating what Michael told me. I had to travel to San Francisco to see him. He and his law partner were on retainer forever with Hunter. I would assume the character is a blend of a few people.

The BOP (Bureau of prisons) will reward him like others who do this crap with a little diesel therapy. I saw them transfer a guy to a prison an hour away. He got there in 8 months. He told me they sent him from Arizona to the east coast and back. I assumed he stopped his behavior as I saw him while I was being transferred. You can't beat the feds. They read every bit of mail. He will piss someone off, that person should have their attorney call and write a letter to document this to the region that he is being held in prison. For an hour or 2 of an attorneys time, everything changes. That will mostly end that. I would have my brother attorney contact the SEC attorneys and detail the harrassment if it were me. Any decent attorney can achieve this.

I should have provided clarity when I was giving a suggestion. I would have my brother attorney contact the SEC attorneys and detail the harrassment. If /when indicted, the US Attorney's office needs to be informed. They can/do make things like this a condition of pre trial release.

Everyone has a job in prison Mon thru Fri. He will only be able to spend his own free time in the law library. Inmates can work on torts, their own cases, stuff like that. If he sends out a lawsuit, the prison will know. To stop this crap: Your attorney needs to contact the region in the BOP the inmates resides. Document the harrassment. The region of the BOP will contact the prison and end all harrassment.

The fraudster isn't holding any cards. He has to make an entrance back into society. He has to have real employment. His probation officer will not allow any of this. Pre-trial won't put up with it. BOP won't put up with. And he won't be able to do it during supervised release.

For every action he takes toward someone, there can be an equal if not much greater action we take back at him.

Hitting it a little early today, eh?

Key is he pled guilty. By taking a plea, defendant gets 2 levels reduced from the level his crime and previous criminal history took him too. By signing a plea, defendant probably started at hypothetical level 34, got 2 levels reduced for acceptance of responsibility, (you literally say your sorry for your actions) to level 32, 90 to 108 months, the judge decides between the the 90 to 108 months. And the amount of supervised release (3 to 5 years) This is an example. Pretrial sentencing report might state a recommendation for the low end, or the high end of whatever level defendant ends up at.

This pinball elderly thief most likely will not get a low end recommendation even if he plead guilty. I say he could end up at this level, but get the high end. 108 months. F him.

2019 federal indictments: 79,704 cases
320 acquittals
99.6% conviction rate.

Been that way for many, many years. A Super attorney will explain that 108 months is one hell of alot better than 180. Majority of federal inmates with any money hired really good attorneys. And had less provable evidence against them. They usually stack charges if he doesn't plead, resulting in starting at a level like 180 to 196 months. If they sentence consecutively, which they do if you piss them off. They almost always win, one way or another.

When your victims are the elderly...that's a scam.

After he's finished his federal prison sentence, he will have from 3 to 5 years supervised release. Federal districts can have different rules regarding supervised release. In San Diego district they don't test for alcohol in their drug tests, while in the central district of Ca they do. They start you on 6 to 8 tests per month. So he's got that to look forward to.

So a radio guy gets 3 life sentences in a Texas district court. It's not often that a person gets more time in a State charge vs Federal. These types of crimes are generally prosecuted by the feds as they have the resources. Without reading why the radio host got so much time, an educated guess would be the add ons to the base of his crimes. Apparently they take ripping off old people seriously in that state district.

Supreme court has ruled Under dual sovereignty, the state can charge him as well. No double jeopardy. If a US Attorney tells my attorney that you will either take a plea, or you will be charged by the State as well, I'm taking that threat seriously. Look how that went for the last guy in your State who stole less money from the same pool of retired people. Or if they tell your attorney that the feds are considering letting the State prosecute this one. I see less options for this asswipe today after the State got 3 life sentences from the radio guy.

Federal criminal attorneys are usually hired cash up front. Unless there was an agreement of payments to be made.

I've thought all along that prosecutors believe he has money somewhere. This agreement allows the feds to intercept any monies easier from financial institutions. And for him to pay 20,000 towards his impending federal criminal indictment.

I would think by allowing him 20 grand for an attorney they are eliminating a future ineffective council appeal. The noose is tightening.

I'm guessing. These are SEC Attorneys. He hasn't been convicted in a criminal court. Seems like they are going out of their way to accommodate him. But in reality they are probably following a playbook.

20,000 can find you representation if the defendant does most of the initial part of the discovery process, which can be very time consuming. The defendant can more easily find the relative parts of the mountains of discovery coming his way anyway. Plus they've already gone over some of the key parts of the future discovery through the SEC investigation.

I would think that the US Attorney is in complete sync with what's happening. He knows his district lifetime federal judges well and could tell you today with exact odds how everything will play out. For example. He knows there are 3 judges or judge magistrates he might draw at a bond hearing. And knows how each of them will react to his request for bond. Or how they react to no bond. At the end of the criminal process, it can become clearer why the feds do what they do. It usually comes down to legal procedures. I'm sure they actually want him on a no bail or extremely high bail. Having relatives in Ukraine doesn't help if true.

Yes. And yes.

I asked someone the difference between dealing with SEC attorneys and US attorney's. Response was to the effect that one was a feeling of being in a country club setting with an adversary.

And the other feeling was like when Marcellus Wallace says to you, "I ain't thru with you by a damn sight. Ima bout to get medievil on your ass".

"That would be the difference".

SEC attorneys are like maco sharks compared to the great white shark, the US attorney. These guys are like Jaws. And sometimes come at you in sequels. (Indict you in different districts at the same time).

More likely big boy would be granted a bit of a break flipping on others and bringing them in on a conspiracy charge. They have to have some sort of leverage on someone for them to testify against Robert. But if Robert could bring them a pinball guy who had a very checkered past, well, that might work for them. Conspiracy is easy to prove. Hard to defend.

I was indicted for conspiracy for distributing marijuana. On a recording I answered the question, "what is expected of me regarding the loss?" I answered, "what you originally agreed upon with them". My attorney agreed with me that it was plausible that I was passing along a message.

Now, he said that because I passed a message, 2 months After the pot had been busted, I was now involved in the conspiracy for the full amount of the pot. Just like I had originally been in on the deal. (which I had). They had the 2 people who were caught with the pot willing to testify against me. It's all they need. 2 people willing to testify against someone is a conspiracy basically.

In our case there was a guy on my level, but he sold in the hundreds of thousands of pounds. He gave up everybody he could. Spent so much time testifying in different parts of the country that I don't think he was ever designated for a prison. At my sentencing, we submitted a brief highlighting proportionality. I sign plea for 70 months for a couple deals totalling 6400 pounds. He's charged with hundreds of thousands of pounds and got 5 years. Judge agreed and lowered my sentence to 60 months. The bigger guys often testify against the lower guys and have their sentence reduced. Its bs, but it is what it is.

He might have something to worry about.

I would imagine the feds would want to interview someone such as this VP.

He might just be a criminal genius by proving his insanity.

"Don't do the crime if you can't do the time".

When a federal defendant pleads guilty, they plea to an agreed level. A fictional level 28 for instance. 57 to 71 months. So you know within a range before sentencing. So if the reporter looked at plea, they would have a pretty clear idea if the 15 years they spoke of is the level she's at, or is this with the possibility of consecutive sentences. Defense attorneys can get US attorney to reccomend low end of guidelines. Judge is mostly constrained within the level. But can run sentences consecutively if defendants are convicted of multiple crimes. And then choose between 3 and 5 years supervised release.

You would just need to see a copy of the plea to get an accurate idea of future sentence. Same as when you read the asswipe's future indictment. If indicted alone, you can read charges, follow federal guidelines for the charge, and see where he stands with all the up charges. Things like amount of victims add upwards to higher levels. You see where defendant stands. Subtract 2 levels for pleading guilty and you will have a real good idea of where sentencing will come. Simplification of federal guidelines and how it works.

But if indictment comes back with any of Asswipes family members, or other employees, whole new ballgame. I would think if there are 2 names on the indictment, there would be a strong possibility of a 2nd superceding indictment with more names. Kinda how it works. Bring in as many periphery individuals who end up with probation after testifying against a target. But they get it on the record for their next possible encounter with the law.

This guy was convicted of wire fraud and felon with gun, which alone could possibly be up to ten. 15 mandatory minimum if he was a 3 time loser with gun, I believe. The guidelines get meaty after the first conviction. Judge might have had to sentenced consecutively to reach the 10 years. But the judge and US attorney sure took this guy seriously.

Robert's base charge of the 60 million is level 22. When I first added up the levels I forgot to include to start with level 6. So its actually level 28. And then 6 more levels for the amount of victims to level 34. So it's an offense for 151 to 188 months for the 60 million. (25 million up to 65 million for level 28)

If he pleads guilty he gets 2 levels down to 121 to 151 months. They could stack charges of wire fraud and money laundering and tell him he's gonna get 30 years if he goes to trial and judge sentences offenses to be served consecutively. I'm guessing he's staring at 121 to 151 for a first conviction if he pleads. If not, they get real mad for wasting their time. And Everyone hates an elderly thief.

Its pretty damn simple as you can see. And I f'd it up. Forgot the first part which says start at level 6 or 7. It could be assumed I'm in a constant state of short term memory loss.

I believe that all the SEC does is make a criminal referral to the justice dept. The US Attorney in the district where this is taking place makes the call to indict or not. If this US attorney doesn't indict, any of the other 93 US Attorney's could then indict in their district if any of the retirees lives there or any part of these crimes were committed there. (like if there was mail sent there which was deemed fraudulent)

If this was a federal drug case, I would consider 2 extensions normal. Once that passes I would start worrying the person was cooperating with authorities criminally. I would have thought this guy would have been indicted by the end of this month. But if he's trying to work a deal by outing someone else's liability in the "conspiracy", all bets are off. I think its almost likely he's indicted with someone else at this point. As attorneys will tell you, there can be major surprises with these types of cases when the indictment comes down. None of this makes any sense, but when you get to read the indictment, most everything will be much clearer.

When they unseal the likely impending indictment.

There is alot of weird in this. These guys usually spend money like "normal" criminals. (Hookers/strippers, drugs, and gambling) The feds aren't used to guys who use illegally obtained funds to manufacture non existent pinball machines while marrying someone from eastern Europe. Like most who first hear the story that some lawyer bilked elderly clients, they probably figure he has money somewhere. And may come to the conclusion that he is just fkn stupid, and really lost alot of money trying to manufacture something that he had no expertise in. Any "respectable" criminal would have spent the money "better" and had some great stories to tell his fellow scumbag white collar inmates in prison.

Words that's popped up in my mind. Sealed indictment, conspiracy to commit fraud, money laundering. "The Gang that Couldn't Fraud Straight".

Thought that popped up in my mind. US Attorney drinking with peers saying "I spent a shit ton of assets on forensic accountants to tell me that is the dumbest f ing sob they've ever investigated".

2nd thought. US Attorney is either watching a conspiracy to commit fraud take place in front of him. Or he's the one who instigated it. More defendants the better. If federal fraud statute's are like federal drug statute's, then a conspiracy charge would seem likely from these overt acts of making the payments.

A conspiracy is an agreement between two or more people to commit a crime. In order to charge someone with conspiracy, the suspects must have completed at least one action towards accomplishing the goals of the agreement. The most common federal conspiracy charges involve drug trafficking and various forms of fraud.

If more than one person is suspected of a crime, a conspiracy charge can be a way to turn them against each other and provide the evidence necessary for a conviction.

This was taken directly off a federal criminal attorneys website. It's an easy charge to convict in a federal court for a US attorney. It's hard for me to believe a US attorney would allow any of these shenanigans to go unchecked. It's easy for me to believe these future defendants to be prosecuted. The feds take way, way longer than other jurisdictions. But are usually way, way more prepared and carry a 99% conviction rate because of their preparation and the laws are designed to be more easily prosecuted in contrast to state law.

If he somehow gets a sweetheart deal, it won't be under the federal sentencing guidelines. It will only be because he cooperated and received a 5 k-1 cooperation deal.

He might have been impressed. Or realized this could be prosecuted as a conspiracy as this would be the overt act needed to start the conspiracy. I met many lawyers and a couple former judges while in federal prison for pot. I laughed a few times as they claimed they didn't understand they broke federal law the way they did. I believed them when they clarified it that they would have committed the crime differently (better) as to avoid getting caught the way they did. Most everyone who has been convicted of a conspiracy charge will tell you they didn't know the law is designed the way it is. I was convicted of conspiracy because I passed along a message (overt act) 2 months After some pot had been busted. It literally takes a federal criminal attorney to sit down an intelligent person and break down how the smallest of acts such as passing along a message puts you in the same boat with the same consequences as the biggest players in the conspiracy. Once its fully explained to the future defendant, the feds have to tell most of these guys to slow down, their talking too fast. They had no idea they are now facing 10 years.

Blueberry has done an incredible job highlighting an array of things. But for me, these court documents are like watching a minor league game. The attorneys I know would rate SEC attorneys as extremely competent country club lawyers. They describe US attorneys and their asst attorneys as extremely competent, way more unethical junk yard pit bulls ready to fight to the death to attain their lofty goal of becoming a lifetime tenured federal judge.

The US attorney in this district is a woman with 17 years experience in her office. I am hoping she hasn't entered into a 5K1 deal with this asshole. I having trouble understanding why he wouldn't be indicted by now if he is being indicted alone. I always heard of Texas justice, but I'm beginning to think its bs. I can promise you, if he were indicted in Orange County here he would be shaking in his boots if he had to appear before Judge Carter and spoke to anyone who has had to appear before him. He's made national news lately about his ruling and opinion about lawyer John Eastman. He was appointed by Pres. Clinton. And known as Maximum Carter to anyone who has had to appear before him. Please lady US Attorney, NO 5K1 deal for this asswipe.

David Nasse is probably a great trial attorney. I'm under the belief that defendants can only be referred to justice dept and be fined like crazy by the judge thru recommendations from SEC attorneys. I've read a lot of criminal indictments and motions regarding the indictments, but never this SEC stuff.

During the criminal pre trial process, these motions can literally mean everything. Judges rarely throw out cases, but under certain circumstances they do. The meat of a criminal case is in the motions, unless your a POS rat.
I need to go play my Sopranos pin thinking about
revenge on my rats.

I just saw US Attorney Ashley Hoff, who would be the individual making the final decision regarding Robert Mueller, get a national case with the truck of migrants dying in her jurisdiction. This seems like the type of case which can elevate her career to the pinnacle of the justice department. Which is a lifetime appointment to the bench, a federal judgeship.

I sincerely hope she doesn't remove assets from the Mueller "case". Having experienced our justice dept firsthand, I found the vast majority of FBI agents, Marshalls, correctional officers, and others to be professional. Doing their job. I honestly respected those I came in contact with, and was given respect back for the most part. But these asst US attorneys and US attorneys are different.

One US attorney signed off on charging me with taking millions INTO Mexico when they knew for a fact I didn't. I transported some money across states lines and was charged accordingly. I had another US attorney sign off on indicting me on this same damn pot in another district across the country. Charged with conspiracy with possession in one district and possession in another. Same pot. And I had never even been in that other state. These US attorneys play God with people's lives, as they have most of the power in our federal system because of how it's set up with the federal guidelines.

I hope she is a better person than the US attorneys who indicted me. I somehow doubt it. If this were a drug case Mr Mueller would have been indicted months ago. But since he only ripped off old people, he gets much different treatment than those of us who sold pot. I broke the law and deserved much of what I had to face. It's past time for Robert to deal with his punishment. The only adequate excuse to me would be that there are additional defendants and the investigation is ongoing.

I noticed the feds convicted a local man here for fraud up to 1.5 million. 2 1/2 years passed from last criminal act to conviction.

I've thought this is taking a long time but guess the feds have to use the SEC first and then indict as standard operating procedure for this type of crime. Once indicted, federal cases seem to move more swiftly. Defendants are usually granted a few motions to continue but cases are often concluded by 9 months to a year at most. Unless there are multiple defefendants which can drag it out to maybe 18 months or so from indictment to judgement.

Blue highlighted FBI multiple times but regarding the US Attorney/FBI subpoena any US attorney involvement is much more important to me.

US Attorney's office should be calling the shots about now in the investigation. It's kinda like Detective Lenny Briscoe is a pain in the ass, but District Atty Jack McCoy is the one thats gonna kick your ass. In this case its a lady US Attorney. Likely this asshole's actions have emotionally pissed her off like the rest of us. Stealing from the elderly pisses off most people.

I was looking on internet to see if the pre sentencing report for Elizabeth Holmes was public information or not. I found a company called Prison Professors. It appears it's not, but this company has blogs in its website concerning Ms Holmes and how federal sentencing is done. It's a 3 part series which nails it in its accuracy of the process. I only read the first part of the series as I understand the process. But I recommend reading this as it explains the processes Mr Mueller will experience after his indictment and guilty plea or guilty verdict. Long ways away, but I found this company now and know it will help anyone trying to understand the federal process.

I would imagine by playing it out as long as possible it delays an inevitable indictment. I'm under the assumption the only thing the SEC does is fine and make recommendations to the US Attorney. I think your wrong Levi. He has many victims. My attorney brother thought the justice dept hasn't indicted yet as they are waiting for this to be adjudicated. Brother thought for sure his ass would be indicted in the central district of CA here if there is any jurisdiction (likely) and the US Attorney where the SEC case is filed doesn't indict. The feds prosecute for way, way less here than this guy has done. This asshole thief might be wanting to drag as many people into a future indictment as possible, or trying to drag it out as long as possible. Or both.

"Every day above ground is a good one"
Mel from Scarface

"Every day not in federal custody is a good one" Me

I would think that Robert's attorneys explained to him the SEC can fine and recommend prosecution by the justice dept.

The justice dept can/will prosecute and imprison him. AND fine him up to 4 million per charge. Doesn't take a genius to figure that every day fighting the SEC is a walk in the park compared to what's waiting for him from the US Attorney's office of the justice dept.

He's broken federal law. This trustee is sugar coating it compared to how the future indictment from the justice dept. will read.

I wouldn't want to be Tom, Nate, Scott or the attorney.

These complaints read like an indictment. I like this trustee guy. A lazy asst US Attorney can cut and paste onto an indictment.

I'm sure we will be reading more ridiculous emails describing past, present, and future crimes.

Only according to the law in this country.

Last time I checked the worksheet for federal sentencing, there were no downward departures for good intentions. They just call it fraud.

Probable to very likely-SEC refers a criminal case to the justice dept. Mr Blue has already shown us where the local US Attorney's office is already involved. Probable fines. This will eventually lead to a criminal indictment. What's happening right now is the government is trying to contain the problem as best they can. More administrative at this point than anything. The criminal indictment will then come from the justice dept.

I would guess that a complicated indictment with multiple co defendants could take as long as 18 to 24 months from time of indictment. Less defendants means less motions which reduces time. Every defendant would be granted extensions and such. It can take awhile. But these SEC attorneys as well as this trustee have laid the groundwork for his future indictment.

I would think if he's indicted alone it would still take a year from there. I don't think he will be indicted alone. There appears to be a mountain of evidence of his criminality. The feds have a usual prosecution rate around 96% plus. Against many defendants who have less evidence against them than this guy. What do you think? I think he's going to prison for more than 10 years.

Mr Blue will most likely be able to pull up a federal worksheet so we can better calculate what he's really facing once we've seen the indictment. We can easily calculate his base score. And then go thru the worksheet where you add to the base score for things like whether elderly people were affected. Yes add 2. Was his a managerial role. Yes add 2. You add the score up and it comes to a level. The level will have a recommendation of something like 110 to 130 months. If defendants plead guilty they are afforded a 2 level downward departure from that level. A 2 level downward departure along with a recommendation of the lower level of that guideline can then put him at say 90 to 108 months. So in this example it's a 90 months recommendation and the judge then decides final amount as well as names whether it's 3 to 5 years of supervised release thru federal probation.

Most defendants start out fighting as best they can to keep their scores and base levels as low as possible. At some point logic takes over for most when you realize they will convict you and 2 levels down can save a few years. Hence the 96% plus conviction rate.

This overnight indictment of Sam Bankman-Fried was as fast an indictment from the justice dept as I can ever recall for financial crimes. The company just declared bankruptcy in November and an indictment in December is amazing.

Justice dept probably felt he was an extreme flight risk from the Bahamas and unsealed an indictment. This indictment will likely be superceded many times as defendants are added. Increasing the time. Many of us will be following this development and will notice some of the same tactics that are being used against Robert. Except this is so pressing they are in warp speed for the justice dept.

My advice: 1. Have an attorney you trust go to local federal public defendants office and ask for lists of attorneys who win trials there. Compare lists and hire one of the top guys. These guys deal with the US Attorney's all the time and seem to have an advantage over others.
2. Wait while everyone else sign cooperating 5K1 deals. If or when you become the last co defendant the US Attorney will become far more amenable to making a deal as it costs alot to prosecute 1 person.
3. Most guys I know who held their own say the same as me. Pre-trial was way worse for anxiety than prison. Because you don't know the outcome, and you should accept the worse. Makes it easier on the brain, and almost always a winner unless your co defendants are as stubborn and stand up as you are. If you end up getting the max, your still not a rat when you go to prison. Your not a rat when you get out. And can look at yourself in the mirror knowing you didn't contribute to anyone else's suffering because of your selfishness. "Don't Do The Damn Crime If You Can't Do The Time".

But not from old people. There are many scams this fraudster could have pulled off without harming mom and dad in retirement. I always had trouble listening to white collar criminals bitch and moan about their fate. I got used to earplugs.

We will read the highlights of his "criming" in the indictment(s). The feds will spell out the time-line. The feds usually get most of right in the beginning of the process. But not always.

People's actual roles become more defined as people talk. The feds will be interviewing many people. This is what I meant when I said I wouldn't want to be Nate or the others in the email. They may not be targets, but they most likely will be interviewed. And charged later if they lie. Or if they implicate themselves.

It's gonna be an interesting read.

Seems like a decently written motion. What's appalling to me is that the people he stole from are the ones in reality paying his attorney to write the motion. It seems like a hail mary type of motion, but it's probably serving its purpose by extending time.

I have no idea the rules or procedures within the SEC. Seems late on purpose to me. I also don't understand how he hasn't been indicted yet.

I think he is a dept of justice attorney who specializes in white collar fraud. He seems to have a lot of experience prosecuting complicated fraud cases.

I had never heard the term "Special Asst US Attorney" before. Good for the victims that the US Attorney in this district had the good sense to bring this specialist into the case.

Jaime Esparza is the new US Attorney in this district, approved in Dec. He already has called in a Special Asst US Attorney from Washington to help prosecute. My money is on Jaime and Special Asst US Attorney Divine. Quite possible that Mr Divine has never lost a case for the DOJ. The conviction rate for the DOJ is usually around 96 to 98%. And that's with "regular" asst US attorneys. I wouldn't want to mess with one that's called "Special".

From what I understand, all the SEC can do is take some administrative action and recommend prosecution by the DOJ, as well as fine a person or entity. The SEC is a civil and administrative court, not a criminal court. What incentive does the defendant have to settle? The SEC can say they will recommend no fine, but the DOJ (thru sentencing judge) can fine him as well so thats not a real benefit. The only thing I can come up with is the SEC and the DOJ could agree to recommend a signature bond for the defendant at arraignment after the criminal indictment is unsealed. Agreeing to release on signature bond means he is guaranteed to eat better and have better access to fight his impending indictment (criminal case).

The reason parties settle is because they each get something out of the deal. The defendant has no incentive right now. That would change with the unsealing of an indictment, but until then, why settle?

Quite possible the DOJ applies pressure at some point in the near future. There could be many reasons why the DOJ hasn't stepped in yet. There's the truck case with the 50 plus dead immigrants who died within this district. National cases often take priority. Whatever the reason, I hope the asswipe gets indicted soon.

From my experience with the DOJ, (as a criminal defendant, not an attorney) the US Attorney in that district can do whatever the hell he wants. Charge him with quite a bit from what I've read. He doesn't need a recommendation from anyone. Only person above a US Attorney is Attorney General, who doesn't oversee this type of case. It appeared to me that David Haase or whatever the guy's name is that was sent there to help is usually a DOJ prosecutor. I believe he's there to prepare for a criminal prosecution.

I can't speak for his deal with the attorneys he's hired for this case, but when hiring an attorney for a federal criminal indictment, you generally pay up front. The attorney is paid full amount whether there is a plea agreement or it goes to trial. I don't get the feel he's paying by the hour, but thats just my opinion.

Absolutely.

There are 93 different federal districts. This one seems weak. Ridiculous he hasn't been indicted yet. I assume the prosecutor that DOJ loaned this case would now indict him. Why would you spend money on a civil and a future criminal trial when you can indict and hold the leverage to wrap up both cases with a plea. Usually the DOJ steps up and kicks just about everybody's ass.

"When facing SEC enforcement actions, the defendant may be better off losing at trial than admitting wrongdoing at settlement, at least with respect to subsequent criminal litigation".

Daniel Fisher, Forbes staff writer

A civil case is judged by a preponderance of evidence. A criminal case is judged by reasonable doubt, which is a much higher standard to achieve. So a settlement admitting guilt in civil court is much worse for a future defendant in a criminal trial than being judged guilty by a preponderance of evidence.

Its called willful ignorance. I've never seen or heard where willful ignorance worked for a defendant in a federal courtroom. It's a very limited defense in a civil trial, and an almost non existent defense in a federal criminal trial. Especially for someone with a law degree.

The consequences of losing are that he faces fine(s) and referral to the local federal district's US Attorney. No big deal. Squirrelly arguments at this level won't cost him much.

Consequences of federal indictments(s). Each overt criminal act may contain multiple federal criminal statutes occurring in multiple federal districts. The potential exposure here should be frightening to any rational person when this is explained. I was indicted in multiple districts on the same pot and was dumbfounded how it was legal. The feds have so many options and defendants have very few. He's screwed once they indict him. When that happens, this will seem like a walk in the park.

Typical f ing white collar criminal. Never their fault. Doing time seems to be really hard for a lot of these guys. Because they always have someone to blame instead of themselves. Its easier to move on with your life when you can acknowledge your mistakes and want to better yourself. These guys always seem stuck in the past.

Most law school graduates exit law school with debt. Which can change your priorities.

Many federal criminal attorneys previously worked for DOJ. Like the defendants ex attorney and partners. Many had ideals of justice and believe our federal system is too harsh or they just want the pay that goes with being a federal criminal attorney. Its a pretty good gig where you get paid up front to essentially negotiate a better loss. The hardest part to me would be to convince narcissistic criminals that their situation is basically hopeless, and taking 7 to 10 years is drastically better than 16 to 20.

One of my jobs in federal prison was as a law library clerk. I noticed that out of the 8 or so guys that were always in the law library, half were attorneys and a judge who lost their trials and were working on their appeals. They were smarter than most inmates, but didn't have enough common sense to realize they were toast. This narcissistic tendency sounds a little like the defendant to me.

My golf teammate was valedictorian of our high school one year. During his speech he thanked his mom for offering to buy him a Lotus if he got a 4.0 grade ave. And told everyone how he cheated to get that Lotus during his speech.

He became a corporate attorney.

If Robert had been in our central district CA, he would have been charged and indicted as well as charged in the civil SEC case. It is unusual to take so long to indict. There could be legit reasons. The future indictment might contain multiple people. The US Attorney in this district being replaced in Dec 2022 might have set it back. Other cases in this district might have priority. Funding in the district might be an issue. Any of these scenarios or a combination might explain why its taking so long.

In our district, an attorney from Orange County stole over 8 million from clients from Jan 2022 to Jan 2023. She has already been indicted. She saw the writing on the wall and has pleaded guilty. She will be sentenced early next year. Generally federal defendants will ask and get a few extensions to really go thru the discovery process. Then when you understand the evidence against you and how they plan to use it, a guilty plea is the most often result. This defendant is playing with house money so far. It still won't eventually end well for him.

While trying to read I kept hearing Charlie Brown's teacher. Blah, blah, blah.

"If the facts are against you, argue the law. If the law is against you, argue the facts. If the facts and the law are against you, pound the table and yell like hell".

Carl Sandburg

I'm hoping that since he hasn't been charged criminally and arrested yet, some new law emerges which makes life more difficult for him. In fed system, it's the date your arrested which starts the clock and determines the law your under. Federal sentencing laws and terms of supervised release can change and become effective on Oct 1 of each year. Be great if he screwed himself in the long run by slow playing everything.

The bigger picture is his future working for inmates doing torts and shit. As long as he's humble and doesn't piss anyone off, (good luck with that) he might have a future in a law library prison in his time off from work. I think illegally preparing law work for inmates pays something like a $1 per legal sheet prepared or something like that. He could easily make $50 a month if he stays under the radar. That's on top of the probable $25 bucks a month for his inmate day job. That law degree will just keep on paying dividends.

I was told that attorneys (and judges) could only work on their cases when I worked in a federal prison law library. There are usually a few guys in every federal prison who weren't lawyers that work on their cases (and others). The guys I met who would help wouldn't help rats or be friendly with someone who ripped off old people.

That's fukn great.

My brother/attorney make a comment like this a couple years ago. Not quite as descriptive as you though.

Dude is toast. Feds 96%+ conviction rate. His best move is to plead guilty, cooperate to the extent he gets deal for some type of protective custody. Pleading guilty gets you a 2 level reduction and saves them money. Feds would likely agree he needs some form of protection.

Day after I was arrested my brother attorney went to Tucson Federal Correctional Institute to see me. Charles Keating (Lincoln Savings, face of S&L debacle) was in the attorney/inmate room with his family. My brother had his ass kicked out of there so we could hang out in there. F him. The old man held his own in prison though.

This Sam guy doesn't have a chance. Too punchable a face.

His last chance was 4 days ago. He had the chance to say "no mas" on the steps to the courthouse and plead guilty. There probably wasn't much of a deal offered, but you still get the 2 level reduction from the sentencing guidelines for taking responsibility. He could have asked for the low end of the guideline level which would have saved around 2 1/2 to 3 years by pleading guilty.

The pretrial/probation dept now does a pre sentencing investigation (PSI) and writes a report. Defendant can then argue points of PSI. Judge receives report and sentences individual based upon guidelines and report. Best he could possibly due at this point is somehow get the low end of whatever level he ends up at on the sentencing guidelines.

That would be the answer if this were a criminal trial. But he is now engaged with a civil court where losing by trial in a case by "preponderance of evidence" is much better than pleading guilty. The feds can then use the guilty plea against him in a federal criminal trial. Criminal trials are based upon "reasonable doubt" which is much harder to establish.

This is a waste of time and money. When he loses he faces a fine that he can't pay if fined, and there's a referral to the DOJ. The SEC could have served its purpose by freezing his access to his business.

Where's the justice for the elderly person who was swindled out of their money? What the hell is the priority of the US Attorney in this district? He's been there nearly a year in this position and hasn't indicted this guy. This defendant would have been convicted already in most districts. I know we're not entitled to a lot of info regarding cases from DOJ, but seriously WTF are they doing in that office?

System isn't the fault at all. US Attorney in the district should have indicted him weeks after SEC started this investigation. 2 different US Attorney's in this district have dropped the ball so far in this case. If defendant had been indicted, a different federal criminal judge would have ruled much differently regarding the allowance of monies that were allowed to be distributed to his attorneys.

The SEC is civil and and is a walk in the park compared to DOJ. Our criminal laws are downright scary when you read and have someone (federal criminal attorney) interpret them for you. Rich people can afford much better representation. They can afford appeals when convicted. And still they usually end up doing time like the rest of us. Just takes longer. I met and became friends with a dozen or so famous people, politicians, and extremely wealthy in prison.

This federal district in Texas has had 2 different US Attorneys who haven't indicted him criminally. Only logical reason to me that he hasn't been criminally indicted would be the SEC is funded separately than DOJ. This district seems content to let the SEC do all the legwork and wait. They will be able to use the same prosecutor. This district seems beyond lazy to indict until after this Civil case. Its ridiculous. Or just a money issue. It's quite possible to me that this district is OK with these timelines.

I was talking about this case to an attorney here after the SEC filed. Like a couple years ago. He was absolutely blown away that he hadn't already been convicted when I spoke to him recently. And that he hadn't even been criminally indicted. He just said cases like this seem to get much more of a priority here in the central district of CA than what we've witnessed in this district. Bankman- Fried has been sentenced, yet this guy hasn't even been indicted in what should be an easier case.

"Every day above ground is a good day".
Mel Bernstein from Scarface

Every day you litigate with the SEC instead of the justice dept is a very good day. When your punishment is being referred to the department of justice and a possible fine vs prosecution by the department of justice which includes prison time AND a possible fine, I'm choosing the SEC and hoping to spend as much time in their venue as possible.