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HashFlare Founders Seek Leniency as US Prosecutors Push for 10-Year Prison Terms

Highlights:

  • Hashflare founders are seeking leniency, citing time served in Estonia.
  • Prosecutors are asking the court for a ten-year sentence for both founders.
  • The case has raised questions about the cross-border handling of crypto fraud.

HashFlare co-founders Sergei Potapenko and Ivan Turõgin have asked a U.S. court to limit their prison time, citing cooperation and time already served. The two pleaded guilty to conspiracy to commit wire fraud after their extradition from Estonia in May last year. They urged the court to consider the 16 months they spent behind bars in Estonia before arriving in the United States. Their sentencing hearing is scheduled for August 14 in Seattle.

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The defense said the pair helped investigators and accepted responsibility for their actions. They offered to forfeit assets valued at over $400 million as part of a plea agreement reached earlier this year. Their legal team argued that all affected customers will be repaid through the forfeited assets. They also said the financial damage has been overstated because most customers received more than they initially invested.

HashFlare sold $577 million worth of cloud mining contracts to over 440,000 customers. However, prosecutors said the company did not have the mining power it claimed and that it operated as a Ponzi scheme. They said the founders used funds from new investors to pay earlier customers and misrepresented returns to create a false image of profitability.

HashFlare Founders Seek Leniency Amid Dispute Over Victim Losses

The defense stated that although HashFlare overstated its mining capabilities, customers ultimately benefited due to the rise in crypto prices. Lawyers said 390,000 customers spent around $487 million but later withdrew $2.3 billion. They argued that since investors gained more than they spent, the harm claimed by prosecutors did not reflect the actual outcome.

Prosecutors disagreed, saying the profits customers saw came from the misuse of other investors’ funds. They maintained that HashFlare created fake returns and failed to deliver the mining services it promised. The prosecutors estimated real victim losses at $300 million and insisted that a sentence of ten years for each founder is necessary.

They also said that Potapenko and Turõgin spent the stolen funds on luxury homes, vehicles, and other personal expenses. Prosecutors described the crime as the most significant fraud case the court had handled. They maintained that the punishment should be commensurate with the extent of the crime and a deterrent to future crypto-related frauds.

Jurisdictional Questions Emerge After Deportation Notice to HashFlare Duo

Although a court order directed the founders to stay in the United States, they received a letter signed by the Department of Homeland Security demanding that they leave the country. These contradictory guidelines have created doubt as to how cross-border crypto cases are dealt with. Potapenko and Turõgin were arrested in Estonia in November 2022 and extradited after 16 months in detention.

Prosecutors said that the case belonged in a U.S. court because over 50,000 HashFlare customers lived in the United States. Those users had invested more than $130 million in the scheme. The sentencing decision can affect future prosecution in the United States of similar crypto frauds committed by foreign citizens.

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