After more than eight years of proceedings, my case with the Commodity Futures Trading Commission (CFTC) has concluded. I want to provide clarity on the outcome, since the public record can sometimes be incomplete or misleading.
- Dropped Charges: Of the four charges originally brought, two were dismissed. The two dismissed confirmed that I did not solicit anyone for what has been legally described to me as trading club. Nor was I a financial advisor as conveyed in the public domain. The other two charges, I was collaterally estopped from argument from a previous proceeding.
- Appellate Review: A higher criminal appellate court found the proceedings in the previous matter was fraught with procedural and evidentiary process errors. In fact, it found that my original counsel failed in almost every aspect of litigation. On appellate review, I was immediately released from incarceration due to these profound procedural and legal process errors.
- Evidence Issues: In the civil matter, the court repeatedly denied motions to compel critical evidentiary information, which limited the ability to present the full picture. As presented by an Appellate Court assigned attorney, in a hearing on August 9, 2019, this was not a ponzi like scheme.
- Settlement Pressure: At one stage, I was asked to waive my First Amendment rights as a condition of settlement. When I refused, the financial penalties were increased significantly.
- Decision to Stop Fighting: Ultimately, I chose not to continue appeals because the emotional and psychological toll on me outweighed the benefit of further litigation. The fact that this litigation has continued for 8 years is reflective of the fight to present facts instead of a misdirected narrative.
This experience was difficult, and its origin as established on appellate review originated from a traumatic family event. I view it as part of my past — not my future. I am proud that I stood on principle, and I am grateful to be able to redirect my energy into constructive work. Today, my focus is on creating technology for accessibility and contributing positively to what has always been my life’s profession – technology.
I share this statement so that those who want to understand my perspective can hear it directly from me.