After putting together our report on Joby Weeks’ release appeal yesterday, I noted the DOJ had filed an opposition while I was working on the report.
Having detailed Weeks’ arguments for release on appeal, today we go over the DOJ’s response.
The DOJ opens their opposition by pointing out that Weeks (right) has been deemed a flight risk by “two separate federal judges on three separate occasions”.
Despite extensive briefing and several hours of argument in support of his prior, unsuccessful bail applications, Weeks now appeals to this Court to obtain a different result from the thoughtful determinations by those two federal judges.
And so the tone of the DOJ’s opposition is set.
Joby Weeks is an unreasonable flight risk
A major roadblock for Weeks securing release is convincing a Judge he’s not a flight risk.
The DOJ’s stance on this is quite clear.
Weeks’ criminal conduct in this case is substantial.
Weeks convinced unwitting investors to spend their money on investment products provided by the BitClub Network.
He brokered contracts with third-party vendors in an effort to make the BitClub Network seem legitimate to victim investors.
He shamed online skeptics who voiced their suspicions that the BitClub Network was a fraud.
He made millions of dollars but admittedly has not paid a dime in taxes.
In short, for years, Weeks manipulated BitClub Network victims and bent rules he found inconvenient to prolong the fraud and preserve his unjust profit.
Weeks’ offense conduct strongly demonstrates why he presents an unreasonable risk of flight.
In answer to Weeks portraying himself as “a tiny player” in BitClub Network, the DOJ presents him as instrumental in BitClub Network defrauding victims, “many from developing countries and (who were) technologically unsavvy”, out of “hundreds of millions of dollars”.
This is supported by a prior finding by a Judge that Weeks’ position within BitClub Network was “unique”.
Weeks also held influence over a large number of BitClub Network investors, as evidenced by an email he sent to a redacted third-party.
You guys open to me doing [redacted]?? I could put 300,000 people in within a year probably.
Half of bitclub would join me. Right away.
The DOJ state Weeks was interested in using the third-party business’ name to “create another business similar to BitClub Network”.
Weeks’ acknowledgement that he could convince half of the BitClub Network’s victims to join his new venture runs contrary to the characterization in his brief that he had very little to do with attracting new victims into the scheme.
Weeks was not someone who merely signed up for the BitClub Network and whose access or involvement was limited to promoting new investment.
As part of the Ponzi scheme’s operations, Weeks brokered contracts for mining power and equipment.
These instruments were used to create a false air of legitimacy around BitClub Network.
To negotiate these business arrangements, which sometimes exceeded tens of millions of dollars, Weeks had top-level access to information about the BitClub Network’s operations and the size and scope of the fraud.
In a marketing promo for his proposed TV series, Weeks referred to himself as a BitClub Network founder.
With respect to Weeks’ offer to sign extradition waivers, the DOJ notes
While Weeks claims that he is willing to sign extradition waivers, this promise is somewhat meaningless; each country has its own extradition process, and a signed waiver may well be worthless in many countries where Weeks could flee.
His immediate family is also not a guarantee Weeks won’t flee.
The evidence reflects that if Weeks fled, he would not need to leave everything behind because he likely has access to bitcoin and other wealth accessible from anywhere in the world, has demonstrated an aptitude for financing his lifestyle by ingratiating himself with fraudsters and victims, including in many foreign countries, and has a wife and child who are acutely comfortable with a life of travel.
In other words, Weeks would be leaving little behind if he fled.
The DOJ’s stance of COVID-19 is interesting. As opposed to believing it serves as a deterrent to flee, the DOJ writes;
Although the COVID-19 pandemic has made foreign travel more challenging, it has not made it impossible, particularly for those with unaccounted-for assets.
Even if Weeks were to flee this Court’s jurisdiction but remain in the United States, the current conditions would make it more difficult to locate Weeks, not less.
Weeks has a demonstrated history of evading US law enforcement
Weeks claims his family ties and current COVID-19 pandemic will keep him grounded in the US if released.
The DOJ’s answer to this is pointing out Weeks’ history of law enforcement evasion.
This stems from Weeks dodging US regulation “and encouraging others to do so as well”.
When the BitClub Network’s operators barred investment from U.S.-based IP addresses, Weeks urged domestic investors to use virtual private network (“VPNs”) to access the BitClub Network website.
He claimed—falsely—that this strategy would shield investors from the reach of U.S. law enforcement.
He explained on social media that the scheme was designed to avoid detection by U.S. tax authorities.
And Weeks later admitted to law enforcement that he has never paid taxes.
Weeks’ whacky sovereign citizen beliefs are also brought up as evidence of the “great lengths” he’d go to to “avoid complying with conditions of this court”.
In one communication Weeks preaches his whacky beliefs when a BitClub Network investor reached out to him, citing concerns of having to lie about his place of residence.
US CITIZENS are corporations that are domiciled in the UNITED STATES. Are you a corporation or are you a human?
Don’t you live in the Republic of Utah, thats not THE UNITED STATES? You’re a flesh and blood American right?
In another communication Weeks instructs a BitClub Network investor not to boast about their earnings.
All you need is one person to send your video to and IRS agent to collect the reward. They get a reward for ratting you out.
Then when he asks where your taxes are on all this bitcoin you’re making, what will you tell them?
Then they yank your passport. Then they through you in jail. Then if you resist, they shoot and kill you.
On the tax front, Weeks unsuccessfully sought St. Kitts & Nevis citizenship to evade paying tax.
In connection with his attempt to gain this citizenship, Weeks explained that in the past year alone he had “run through” approximately $62 million and remarked: “Now you know why I don’t want my US Passport anymore. Imagine the tax liability!”
Russ Medlin is an example of BitClub Network’s exit-scam strategy
Years of shit-posting and preaching anti-government rhetoric have come to back to bite him.
Without a doubt Joby Weeks has the means and know-how to flee the US. To that end co-conspirator Russ Medlin was held up as an example of BitClub Network’s exit-scam strategy.
(Medlin) was proof positive that the BitClub Network’s operators planned to evade U.S. authorities by taking up residence abroad.
Medlin’s undoing was his sexual attraction to children. Joby Weeks in the same situation might evade capture indefinitely.
Ultimately the DOJ summarizes Weeks’ latest effort to secure release as an effort “to provide an alternate theory of why the obvious is less so.”
The “obvious” being that Weeks is and remains a flight risk.
Weeks has shown a willingness to disregard laws that he believes should not apply to him and has also taken steps to encourage others to do the same.
Weeks suggests that considering evidence that he does not believe in “asking for permission” and views anarchy as a state of mind in considering whether he will follow the rules of this Court if released somehow violates the First Amendment.
I feel the take-away here is that you’re most certainly free to express anarchist views and an anti-government lifestyle.
If you’re doing so while engaged in operation and promotion of a near-billion dollar Ponzi scheme and get caught though, don’t pull a Pikachu face when your past conduct is used against you.
If convicted, Weeks is believed to be facing around fifteen years in prison. Pending a decision on his release appeal, stay tuned…