SEC vs. Daniel Filho scheduling conference set for September
In addition to facing criminal charges for wire fraud, DFRF Enterprises’ CEO Daniel Filho also faces concurrent SEC enforcement.
Through a civil complaint filed in early July, the SEC allege DFRF Enterprises was a fifteen million dollar Ponzi scheme.
With Filho in custody on criminal charges, the SEC’s civil case should now proceed smoothly enough, with a scheduling conference now set for September 29th.
In the meantime the SEC and Filho’s legal counsel will
confer no later than twenty one (21) days before the date for the scheduling conference for the purpose of:
(1) preparing an agenda of matters to be discussed at the scheduling conference,
(2) preparing a proposed pretrial schedule for the case that includes a plan for discovery, and
(3) considering whether they will consent to trial by magistrate judge.
The SEC will also have to present a written settlement proposal to Filho’s attorneys.
Failing the reaching of a settlement (which will require an otherwise defiant Filho to swallow the bitterest of pills), a joint-statement is to be filed with the court no later than seven days before the hearing date.
This statement will include a joint discovery plan and a proposed schedule for the filing of motions.
Personally I’m not entirely sure if a settlement is on the table. Filho has been notoriously adamant he hasn’t scammed anyone, and appears to have an ego stretching to the moon and back.
Whether or not the reality of what he’s facing has sunk in yet we don’t know, but in his last radio interview Filho seemed to think he was going to get off with another fine.
That’s obviously not going to happen now, so I guess the question now is how much is Filho’s pride going to cost him?
Stay tuned for updates on the status of Filho’s criminal case later this week…
Footnote: Our thanks to Don@ASDUpdates for providing a copy of the 3rd of August Scheduling Conference Notice.
Update 6th September 2015 – Not sure if this impacts the scheduled September 29th Status Conference, but on September 4th Filho was granted a thirty day extension to reply to the SEC’s complaint.
Reasons cited were the freezing of his bank account and ongoing lack of legal representation.
Filho’s response to the SEC complaint is now due on the 5th of October.
21 years jailtime for Filho’s partner in previus SCAM (search for EMG/DWB/FFX/FINANZAS FOREX)
20minutos.es/noticia/2520839/0/german-cardona/madoff-espanol/fiscalia-prision/
Heriberto Valdez was also partner in this fraud, which they ran between 2007-2010.
Daniel Filho is facing criminal and civil charges with respect to a $15+ million Ponzi scheme.
Or as whoever is running the DFRFTV corporate website puts it:
It’s not difficult to disclose what’s happened…
Please keep me informed as to what is going on with this Ponzi scheme.
Interesting bit of news. The Bureau of Prisons does not show Daniel F Rojo Filho in custody and states release date as unknown. Info courtesy of ASDUpdates.
Makes one wonder what is going on and if he is in transit to Massachusetts and they don’t want it known he is being transferred. Still rather odd the way they list him.
Maybe he and Sann Rodrigues can share a cell together if the SEC gets him tossed back in the slammer. Only fitting don’t you think for them to be cellmates.
Thanks.
Article updated with Filho’s response now due on the 5th of October.
very good information, thanks for keeping us up to date om the case.
what about all the others named by the SEC?
Aren’t they also in custody?
To the best of my knowledge Filho alone is facing criminal charges at this point.
The SEC’s case is civil in nature.
Gaspar Jesus, Eduardo Da Silva and Wanderly Dalman have all filed rather bland Motions to Dismiss.
Nobody is distancing themselves from DFRF, with the attached memorandums relying heavily on legal technicalities.
As with the Zeek motions I suspect they’ll be swept away in due course (Ponzi insiders don’t walk).
September 29th Status Conference is still on AFAIK. Should have an update by week’s end.
Entry of Default has also been recorded against Herberto Valdes. The SEC will next file a Motion for Default Judgement.