Daniel Filho’s long-running prison case saga has come to finish, following the dismissal of his indictment.
DFRF Enterprises launched in mid 2014 and was primarily pitched to TelexFree Ponzi victims.
The SEC shut DFRF Enterprises down in July 2015. The DOJ have been pursuing a prison case in tandem, which led to the arrest of proprietor Daniel Filho later that month.
BehindMLM has extensively coated Filho’s civil and prison proceedings.
To summarize;
- the SEC’s civil case was stayed pending conclusion of prison proceedings; and
- the DOJ’s prison case has been in limbo for years pending decision of Filho’s psychological well being standing.
A conclusion to the DOJ’s prison case in opposition to Filho was reached on November seventh, following a submitting to dismiss his indictment.
As per the DOJ’s one-page submitting;
In help of this dismissal, the federal government states that the defendant has been deemed incompetent to face trial and never medically restorable throughout the foreseeable future, and thus a dismissal, with out prejudice, is within the pursuits of justice.
Filho was declared mentally incompetent again in July, so we knew this was coming as some level.
Two days after the DOJ’s dismissal submitting, Filho’s lawyer filed a movement demanding his rapid launch;
Comes now the defendant, Daniel Fernandes Rojo Filho, and strikes the Courtroom to enter an Order that he be launched instantly from the custody of the Bureau of Prisons.
The federal government has moved to dismiss the indictment, and there’s no foundation for holding the defendant any additional.
On November thirteenth Choose Gorton allowed each motions.
Personally I’ve by no means purchased Daniel Filho’s psychological well being standing. He was competent sufficient to run a Ponzi scheme and bilk traders out of hundreds of thousands.
Then the FBI arrested him and abruptly Filho was a psychological basket-case, unable to course of the costs in opposition to him or stand trial.
It’s simply too handy.
Nonetheless, that is what occurred and Filho’s victims and the DOJ appear powerless to do something Filho’s last swindle.
It could have sat loads higher with me if Filho was remanded into everlasting custody till such a time as he was deemed competent, however from the sounds of it he’s being launched and getting off scot-free.
To not take something away from psychological well being points however that’s a fairly disappointing final result.
On the flip aspect, on November 14th the SEC filed a movement requesting their civil DFRF Enterprises case keep be lifted. A choice on the movement is pending.
Replace twenty second November 2018 – The SEC’s DFRF Enterprises case has been reopened as per a November nineteenth order.