A court has determined that HyperFund Ponzi promoter Rodney Burton is still a flight risk.

The December 22nd ruling marks three instances of a court determining, no matter the conditions imposed, releasing Burton is too risky.

In handing down its decision, the court noted Burton’s four arguments for release;

First, Burton says his financial status has diminished significantly such that he is no longer a flight risk.

Second, he argues that the substantial passage of time from his January 3, 2024, arrest and July 9, 2024, detention order means that Burton is now not a flight risk because, if he were to accept the Government’s offered plea deal, he would serve little extra time in prison.

To be clear, the plea offer to which Burton refers in his Motion to Reopen was based on the original indictment.

Third, Burton states that the current presidential administration’s enforcement of cryptocurrency is drastically different from that of the previous administration.

Burton’s fourth and final material development is the Superseding Indictment itself, which a grand jury returned on December 10, 2025, nine days after he filed his Motion to Reopen Detention Hearing.

The court outright rejected the second and third arguments, owing to the recently filed superseding indictment.

Burton’s December 10th superseding indictment additionally charges him with conspiracy to commit wire fraud, wire fraud and money laundering. Previous conspiracy to operate an unlicensed money transmitting business charges have been dropped.

As to the first and fourth arguments, the court found they “fall together”.

To be sure, the Superseding Indictment is, by its very terms, new “information . . . that was not known” to Burton at the July 2024 detention hearing and which has “a material bearing” on the question of conditional release.

Nevertheless … the Government has presented clear and convincing evidence that Burton remains a substantial flight risk, that no set of conditions could assure his presence at future proceedings, and that must remain in detention pending trial.

If convicted under the superseding indictment, Burton is facing twenty years on his wire fraud counts and ten years on his money laundering counts. The court noted this was seven times the maximum sentence imposable per Burton’s original indictment.

Burton is currently scheduled to face trial on March 2nd, 2026.