Plea “unlikely” in James Merril criminal case (TelexFree)
Following an Interim Status Conference held on December 4th, a report reveals that a plea agreement between James Merrill is “unlikely”.
There have been some very preliminary plea discussions; the parties believe that a plea is unlikely.
Also out are the defenses of ‘insanity, public authority, or alibi.
James Merrill is facing charges for his role in TelexFree, a $1.8 billion Ponzi scheme.
Currently a trial date has been scheduled for April 4th, 2016, however a motion requesting a later date is currently before the court.
Irrespective of whether the trial is postponed or not, it’s looking to be a blockbuster. The DOJ estimate the presenting of their case alone ‘will take four to five weeks‘.
The next Interim Status Conference has been scheduled for January 15th. No updates yet on the Wanzeler case.
Footnote: Our thanks to Don@ASDUpdates for providing a copy of Judge Hennessy’s “Report After Ninth Interim Status Conference”.
Update 16th January 2016 – A Status Conference was held on January 15th as scheduled, with a report revealing that discovery “largely complete”.
Merrill indicated that, for reasons not yet known, he plans to ‘file pretrial motions to suppress evidence seized pursuant to search warrants‘.
These motions must be filed by April 29th, with the next Interim Status Conference scheduled for May 6th.
Update 10th May 2016 – Following the filing of a joint-motion, the May 6th Status Conference has been rescheduled for June 20th.
im readying the popcorn.
tho one question, how black and white may or may not, these facts be, that the DOJ will be presenting, meaning, how much room for rebuttal will merrill have??
IMHO, Merrill’s strategy is going to be blame it all on Wanzeler.
Exactly – Get ready for the “I was duped by Wanzeler, who told me what to do and it was legal.” defense. It just might work until the evidence of the exit plan is presented..
i guess that at this stage of ‘very preliminary plea discussions’ the DOJ and merril are both playing hard to get.
the DOJ indictment against merril is about telexfree being a ‘pyramid scheme’ which is very easy to prove with the telexfree recruitment commissions, lack of retail, and non consumption of the VOIP packages.
the telexfree case is complex because of the evidence being spread over the US and brazil, and the DOJ had filed a motion in august, 2014, asking for the case to be designated as a ‘complex case’.
both the DOJ and merril will benefit from a plea bargain. so, i think that after some initial ‘posturing’ there will be a deal.
I wonder what is going on with the case of telexfree… its amazing to learn a case which we have lost a lot of dollars.
Merrill and the whole team were running a ponzi scheme and they need to return the money…
What do you think? Will this bargain lead to telexfree paying the participants or a deal will come out that they are not paying…
Of course some sort of deal will be worked out. Lets get some jail time in there for some of them as well.
As far as a return of money goes – if they have frozen much of the assets of the company yes money can be refunded.
Yet of these leaders they will have to return the stolen money if they have any left to return.
If I recall with ZEEKLER many are still waiting for refunds and most won’t be getting 100% refunded.
Lesson learned that people that join these things is that there is no such thing as FREE AND EASY money.
We all need to examine these comp plans close.
Article updated with news of next Status Conference scheduled for early May.
Article updated with news of Status Conference rescheduled for June 20th.