By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Feb 29 – Nicholas Truglia was charged with -- and pleaded guilty to - cyber intrusion in order to steal crypto-currency.
On May 21, 2021 U.S. District Court for the Southern District of New York Judge Alvin K. Hellerstein held a proceeding. Inner City Press covered it.
Truglia was charged with "SIM swapping;" the complaint says $23.8 million were diverted. Then money was laundered.
Judge Hellerstein set a deadline of June 29 , 2021 at 2:30 pm to make motions or waive the right.
Truglia pled guilty on October 28, 2021, and was belatedly set for sentencing on November 2, 2022. Inner City Press again was there.
After a discussion of information still lacking from his counsel to Probation for the Pre-Sentencing Report, it was postponed to November 30, and he was taken back into detention. Inner City Press live tweeted here
Ok- now at sentencing in US v Nicholas Truglia who pled guilty to a scheme to steal $20 million in cryptocurrency through a SIM swap attack. He is in a suit, 2 US Marshals behind him.
The Pre-Sentencing Report says defendant refused to ID the bank.
His lawyer says false, it's TD Bank NA.
Judge Hellerstein: why didn't you correct this in June?
Counsel: We told Probation he stores his crypto wallet online
Judge Hellerstein: Give them more info
Now the sentencing is being adjourned to Nov 30 at 2:15 pm. Judge Hellerstein emphasizes he will not adjourn it again.
Inner City Press went on November 30; things stretched past 4 pm. At first Judge Hellerstein was expressing skepticism at blaming the crime on autism.
But once the question of why the US Attorney's Office has not prosecuted any of the conspirators, combined with Truglia raised his offered restitution to $20 million, it appeared he might not only go below the 51 to 63 month guidelines, but escape prison for a mental health plan.
It will be decided, or at least discussed, on December 1 at 2:15 pm. More on Patreon here.
On December 1, Judge Hellerstein arrived at 18 months, 12 of them already served, and the six to be cut by "good time." Thread:
Now Sentencing Day 2 is crypto case of US v Truglia, brought in a suit from jail. Judge perusing financial order. Judge is writing changes into the financial agreement, for Truglia to initial.
Defense proposes therapy twice a week, to "learn the emotional impact his action have on other." And "work therapy" at Good Will. Says, "Nick does not need money."
Truglia has a croaking voice. Says, I'd never steal face to face... I have turned my distance from the public into a chance for self-reflection.
Tuglia: I want to work in cyber security. I am not who the news media portrays me to be (?)
Drum roll... Judge: Mr Truglia, all sentences are difficult. The guidelines are 51 to 63 months. I am impressed by your payment and statement. But there's also the crime. I sentence you to 18 months.
Judge: You've already served 12 months. [So, 6 months to go] No drug testing. Defense: No objection. Request FCI Danbury.
Judge: I will so recommend.
In August of 2023 the question was whether Truglia had failed to pay restitution, and thus whether he should be resentenced. A hearing was held in early November, with questioning about a Trezor cold storage wallet. And on November 17 the prosecutors urged the resentencing, citing "the elaborate and fraudulent scheme the defendant has pursued since sentencing in an attempt to deceive this Court, the Probation Office and his victim that he would honor that obligation."
On December 23, Federal Defenders wrote in that Truglia cannot be resentenced for failure to pay restitution, only failure to pay a fine - and stating that Truglia "has been unable to find the key that would allow him to gain access to the wallet with the Bitcoins."
Docketed on February 29, "ORDER ON CIVIL CONTEMPT as to Nicholas Truglia: Upon the motion of the Government for an order to show cause for a finding that Defendant Nicholas Truglia is in willful default of the Court's order of restitution, and for a finding of civil contempt and resentencing, it is ordered that Defendant is in civil contempt of the Court's order of restitution. Defendant shall be incarcerated until such time as he satisfies his obligations to make the restitution imposed by the Court or establishes to the satisfaction of the Court that he has taken all reasonable bona fide steps available to him to satisfy his restitution obligation. Resentencing is deferred until the next status conference, scheduled for September 17, 2024 at 11 a.m, or such earlier date as the Court orders. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/29/2024)."
Watch this site.
The case is US v. Truglia, 19-cr-921 (Hellerstein)
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