Case Law Database

Cybercrime

Computer-related acts for personal or financial gain

• Fraud

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)
  • Degree of Involvement:
  • Keywords:
  • United States of America v. Matthew Brent Goettsche, Russ Albert Medlin, Jobadiah Sinclair Weeks, Joseph Frank Abel, And Silviu Catalin Balaci, No. 2:19-cr-00877-CCC (D.N.J. Dec. 5, 2019)

    Fact Summary

    A group of five defendants participated in a worldwide ponzi scheme, the BitClub Network, which defrauded cryptocurrency investors. The BitClub Network required membership fees, “solicited money from investors in exchange for shares of pooled investments in cryptocurrency mining,” and “rewarded existing investors for recruiting new investors.” The funds provided by investors were purportedly required to sustain the cryptocurrency mining pools by, for example, purchasing equipment and computing power. The profits made by investors supposedly depended on the success of the mining pool operations and the number of shares investors had in the mining pools. To lure investors, keep existing investors, and get investors to provide money, the defendants fraudulently represented earnings. The group fraudulently “obtained at least [USD]… 722 million from investors.” The BCN shares sold were not registered as “securities” with the U.S. Securities and Exchange Commission as required by law. Two of the five defendants pled guilty: Joseph Frank Abel pled guilty to “conspiracy to offer and sell unregistered securities” and Silviu Catalin Balaci to “conspiracy to commit wire fraud and to offer and sell unregistered securities.” At the time of writing, the remaining three defendants (Matthew Brent Goettsche, Russ Albert Medlin, Jobadiah Sinclair Weeks) have not yet been tried.

    Cross-Cutting Issues

    Liability

    ... for

    • completed offence

    ... based on

    • criminal intention

    ... as involves

    • principal offender(s)

    Offending

    Details

    • involved an organized criminal group (Article 2(a) CTOC)

    Investigation Procedure

    Confiscation and Seizure

    Legal Basis

    18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)

     

    Comments

    As part of his plea agreement, Balaci agreed to forfeit any property, real or personal, which constituted or was derived from proceeds he obtained that are traceable to the conspiracy offense charged.

     

    International Cooperation

    Measures

    • Extradition

    Outline

    In his plea agreement, Balaci agreed to be extradited from Germany to the United States without a formal extradition proceeding.

     

    Procedural Information

    Legal System:
    Common Law
    Latest Court Ruling:
    Court of 1st Instance
    Type of Proceeding:
    Criminal
     
     
    Proceeding #1:
  • Official Case Reference:
    United States of America v. Silviu Catalin Balaci, No. 2:19-cr-00877-CCC (D.N.J. Jul. 9, 2020)
  • Decision Date:
    Tue Jul 09 00:00:00 CEST 2019

    Court

    Court Title

    U.S. District Court for the District of New Jersey

     

    Location

  • City/Town:
    Newark
  • Province:
    New Jersey
  • • Criminal

    Description

    The defendant entered into a plea agreement and plead guilty to conspiracy to commit wire fraud and to offer and sell unregistered securities.

     
    Proceeding #2:
  • Official Case Reference:
    United States of America v. Joseph Frank Abel, No. 2:19-cr-00877-CCC (D.N.J. Sept. 3, 2020)
  • Court

    Court Title

    U.S. District Court for the District of New Jersey

     

    Location

  • City/Town:
    Newark
  • Province:
    New Jersey
  • • Criminal

    Description

    The defendant entered into a plea agreement and plead guilty to conspiracy to offer and sell unregistered securities.

     
    Decision Date:
    Thu Sep 03 00:00:00 CEST 2020

    Defendants / Respondents in the first instance

    Defendant:
    Matthew Brent Goettsche
    Gender:
    Male
    Defendant:
    Russ Albert Medlin
    Gender:
    Male
    Defendant:
    Jobadiah Sinclair Weeks
    Gender:
    Male
    Defendant:
    Joseph Frank Abel
    Gender:
    Male
    Defendant:
    Silviu Catalin Balaci
    Gender:
    Male

    Charges / Claims / Decisions

    Defendant:
    Matthew Brent Goettsche
    Legislation / Statute / Code:

    18 U.S.C. § 1349

    Charge details:

    Conspiracy to Commit Wire Fraud

    Legislation / Statute / Code:

    18 U.S.C. § 371

    Charge details:

    Conspiracy to commit offense or to defraud United States

    More specifically, the defendant was charged with Conspiracy to Offer and Sell Unregistered Securities.

    Defendant:
    Russ Albert Medlin
    Legislation / Statute / Code:

    18 U.S.C. § 1349

    Charge details:

    Conspiracy to Commit Wire Fraud

    Legislation / Statute / Code:

    18 U.S.C. § 371

    Charge details:

    Conspiracy to commit offense or to defraud United States

    More specifically, the defendant was charged with Conspiracy to Offer and Sell Unregistered Securities.

    Defendant:
    Jobadiah Sinclair Weeks
    Legislation / Statute / Code:

    18 U.S.C. § 1349

    Charge details:

    Conspiracy to Commit Wire Fraud

    Legislation / Statute / Code:

    18 U.S.C. § 371

    Charge details:

    Conspiracy to commit offense or to defraud United States

    More specifically, the defendant was charged with Conspiracy to Offer and Sell Unregistered Securities.

    Defendant:
    Joseph Frank Abel
    Legislation / Statute / Code:

    18 U.S.C. § 371

    Charge details:

    Conspiracy to commit offense or to defraud United States

    More specifically, the defendant was charged with Conspiracy to Offer and Sell Unregistered Securities.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    26 U.S.C. § 7206(1)

    Charge details:

    Fraud or false statements

    More specifically, the defendant was charged with subscribing to a false tax return.

    Verdict:
    Guilty
    Defendant:
    Silviu Catalin Balaci
    Legislation / Statute / Code:

    18 U.S.C. § 1349

    Charge details:

    Conspiracy to Commit Wire Fraud

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. § 371

    Charge details:

    Conspiracy to commit offense or to defraud United States

    More specifically, the defendant was charged with Conspiracy to Offer and Sell Unregistered Securities.

    Verdict:
    Guilty

    Court

    U.S. District Court for the District of New Jersey