In a recent post here at Free Keene, Chris Waid presented his notes from the sentencing hearing for Nobody as a, “Big win for Mr. Nobody“. This is ridiculous spin. For those who didn’t hear the news, my co-defendant Nobody was recently sentenced to “time served” of approximately six months in jail as well as $2,100 in fines and fees, a forfeiture of $10,000, and two years’ probation. He had taken a plea to one count of “wire fraud”, despite not having defrauded anyone. Like the other Crypto Six defendants, he was intimidated into a plea deal by the threat of further charges.
Whether or not he took the plea and even if he went to trial and “won” on every count – as Aria and I are hoping to do – it would not be a “win”. As Mark Stevens put it in his book, “Adventures in Legal Land“, whenever you are targeted by the state, it is a loss. Even if you “win” and defeat the charges, you still lose your time. You still lose your ability to focus on things that are actually important to you instead of focusing on a criminal trial and the stress of bail conditions and the government’s axe hanging over your head. Basically, when they bring charges against you, you are going to lose – the only question is how much?
In Nobody’s case, he went through a horribly and unnecessarily violent pre-dawn raid on his home, spent several months behind bars, most of a year on restrictive bail conditions, and now is having his personal finances decimated. He has nearly nothing left after paying their extractions, is now a federal felon for life, and is still under multiple probation restrictions for two years. All of this damage has been brought upon him simply because, as he described it, he was convicted of, “contempt of bank”. It’s great that he doesn’t have to go back to prison, but this is not a win.
On Thursday July 28th judge Joseph N. Laplante concluded the sentencing hearing for Crypto6’s Mr Nobody with a ruling to the maximum degree possible in his favor, and below is a run down of the defenses, prosecutors, and judges thoughts and arguments.
For more detail of what happened and a bit of a backstory on the sentencing check out Freedom Decrypted episode 170 where we covered the pre-sentencing motions that went into the variance granted (or in other words the request to reduce the sentence below that typically authorized by the sentencing guidelines).
The notes from the sentencing hearing are as follows:
– Mr Nobody is pleading guilty to a single count of wire fraud
Judge opens with a speech on the sentencing guidelines being the guiding force behind determining the sentence, but are not a hard rule to be followed, and he can sentence Mr Nobody outside of the guidelines.
There is a sealed pre-sentencing report that was created by the court of which came to 26 pages in length. Unfortunately due to certain information contained within it is sealed, but this is for Mr Nobody’s benefit and it may be that this report can be released by him and/or released by him with appropriate sections redacted. While this may not be relevant to Mr Nobody’s sentencing report the type of information that can be included includes information such as histories of mental illness that would be inappropriate to release to the public. Our opportunity as the public therefore to be outraged by the malicious, manipulative, or outright lies contained in it must therefore be reserved till a later date.
Possible outcome based on sentencing guidelines and guilty plea:
It was about ten degrees Fahrenheit at around 6am on March 16th, 2021 when dozens of armed agents from the FBI, IRS, USPS, ATF, and Keene Police swarmed onto the duplex containing the Free Talk Live studio. They smashed in windows and a front door, set off explosions, flew in drones, and held multiple peaceful bitcoin activists at gunpoint. Simultaneous raids were being conducted in multiple other locations, with six people arrested in total. They were since dubbed “the Crypto Six” by supporters.
One had her charges dropped and three have taken plea deals despite never harming another human being. Two remain, facing hundreds of years in prison for completely victimless, made-up financial “crimes” regarding bitcoin.
Now, more than a year later, the FBI has returned the surveillance DVRs they took from the property. This is some of the footage taken at the scene of the Free Talk Live studio in Keene, NH:
Mr Bitcoin & Bitcoin Gandhi Visit Federal Reserve Bank Of Boston In Support Of The Crypto6
The last month has been a busy one in the “Crypto Six” case. First, three of the Six took felony “wire fraud” plea deals after prosecutors threatened to load them up with even more victimless “crime” charges. Even though no one was actually defrauded out of any money or property, the three – Renee and Andy Spinella and Nobody – agreed to become federal felons, reluctantly admitting guilt to one count each of “wire fraud”, despite no one actually being defrauded out of money or property.
Unfortunately, even though the three are completely peaceful, honest people, now they will be saddled with felony convictions that makes them look dishonest. It’s understandable though, why they would take such a plea. The federal gang is a scary bunch of people and they know how to intimidate. Even when a defendant did nothing wrong, that doesn’t mean a jury will do the right thing and set the accused free. The supermajority of people charged criminally at the state or federal level will take the plea deal, simply because they see it as a way to make their suffering end. Or at least, so it seems in the moment. While it may end the current prosecution, it sets them up for failure later if they are ever arrested again, as then they have a felony conviction, so the next sentence will be even harder.
Though federal juries have surprisingly issued some “not guilty” verdicts in recent years, like the verdicts in the Michigan governor “kidnapping” cases and the Bundy ranch cases, generally juries are pretty obedient to the state, so it’s highly risky to take a case to trial. Plus, federal cases are frequently biased against the defense, like that of Ross Ulbricht, where they weren’t able to call many witnesses or make the case they wanted. So, I don’t blame my friends for admitting to “crimes” they didn’t commit just so they can have some predictability as to what is coming next for them. Nobody is expecting a verdict of “time served” for the six months he did behind bars last year prior to being granted bail in September. Renee is facing up to 18 months in prison and Andy is expecting some amount of probation, or so I hear. I’m still not allowed to speak with my friends under my bail conditions. Their sentencing dates are in late July.
The fourth of the Crypto Six, Colleen Rietmann, co-owner of Mighty Moose Mart in Keene, has had her charges dropped. Perhaps the feds did not want to be seen prosecuting a grandmother in front of a jury at the same time as they are trying to allege that Aria DiMezzo and I were victimizing elderly women caught in romance scams online.
NH’s Unmatched Bitcoin Community
After Aria and I refused to take the feds’ plea offer, since we’ve done nothing wrong, they followed through on their threat and brought a bunch of new charges against us in what is called a “superseding indictment”. If convicted of all the counts against me, I face up to 420 years in prison. All for “crimes” with no victim. Oh wait, the feds also filed something called an “Organizational Victim Statement”, and according to the attachment, they are claiming we have victimized… the banks! The list includes Bank of America, JP Morgan Chase, Wells Fargo, TD Bank, and many other big banks and credit unions.
Curiously, during one of the plea deal hearings this month, the prosecutors admitted that there were no damages to the “victims”, so they couldn’t ask for any restitution as part of the sentencing. How exactly then were these banks “victimized” by fraud if no money or property was lost? I guess we’ll find out when the case goes to trial this November. As Nobody put it, he has been convicted of “contempt of bank”. Apparently it’s felony charges with up to 30 years in prison for anyone who hurts the banks’ feelings in the “free” country of America.
While it’s no fun to be under highly restrictive bail conditions – I have an ankle monitor on for nearly a year now – at least now all the feds’ cards are finally laid on the table and now we can construct our defense.
The Crypto Six case is an attack on our freedoms. It is an attack against freedom of speech, freedom of religion, libertarian activists in New Hampshire, and against cryptocurrency like Bitcoin. While we are not the first to be accused of victimless “crimes” for spreading Bitcoin, nearly all of those so accused in the past have taken the plea deals, out of fear for what could happen. Aria and I are going to trial and so the feds will actually have to put on their case for the first time, in a desperate attempt to prop up the ever-inflating US Dollar and the banking cartel. Bitcoin is not a crime!
On Thursday July 28th judge Joseph N. Laplante concluded the sentencing hearing for Crypto6’s Mr Nobody with a ruling to the maximum degree possible in his favor, and below is a run down of the defenses, prosecutors, and judges thoughts and arguments.
