EmpiresX’s Joshua Nicholas has asserted “NovaTech FX has just lately been dropped at justice”.
The declare, which BehindMLM has not been in a position to confirm, was made in an April eleventh court docket submitting.
By way of EmpiresX, Joshua David Nicholas labored with Emerson Pires and Flavio Goncalves to defraud shoppers out of ~$100 million.
The ruse behind EmpiresX was automated buying and selling. To that finish Nicholas performed “Joshua Greg”, EmpiresX’s “Grasp Dealer”.
Along with $3.3 million restitution and a $300,026 judgment in parallel civil proceedings introduced by the SEC, Nicholas was sentenced to 51 months in jail final November.
On April tenth Nicholas filed a pro-se letter with the court docket requesting modification to his sentence.
Within the movement, Nicholas said;
Since being in bodily custody I’ve continued to work with the SEC.
In truth NovaTech FX has just lately been dropped at justice at no profit to me or dialogue of such profit.
The federal government simply reached out to me weeks in the past asking for extra assist which I anticipate to supply any day now.
Nonetheless, my assistance is considerably restricted from being behind jail bars.
It’s unclear what, if any, connection there’s between Nicholas, EmpiresX and NovaTech FX.
Whereas BehindMLM can’t confirm Nicholas’ declare, we’ve anticipated federal motion towards NovaTech FX since California’s securities fraud stop and desist final November.
Wisconsin additionally revealed NovaTech FX securities fraud fees and a $50,000 high-quality earlier this month.
NovaTech FX collapsed in February 2023. Withdrawals had been disabled until April 1st, after which, whereas re-enabled, withdrawals performance stays severely restricted.
Nicholas’ declare suggests NovaTech FX’s ongoing withdrawal points is perhaps the results of the SEC and/or DOJ closing in on house owners Cynthia and Eddy Petion.
The Petions, US nationals with ties to New York and Florida, haven’t been seen in public since late 2022.
Getting again to Nicholas’ movement, he believes there’s been a miscalculation along with his sentencing.
I solely performed a selected operate, was not concerned within the planning, had restricted data, and I solely made roughly 150 thousand in comparison with a cited loss quantity of 40 million.
It needs to be famous that whereas the CFTC’s and SEC’s EmpiresX civil instances cite losses of round $40 million, the DOJ’s prison case pegged EmpiresX losses at over $100 million.
How can I be sentenced beneath a lack of 40 million I used to be accountable for … when the court docket decided I used to be accountable for 3.3 million in loss?
Nicholas has requested his sentence accordingly be decreased to 24 to 30 months.
Outdoors of his sentencing claims, Nicholas additionally reveals he’s not having a good time in jail.
On my thirtieth day in custody I used to be attacked by a a lot bigger black man (I’m a 140 lb. white man) struggling damaged ribs in consequence.
Then, days later whereas within the SHU for no motive (I’ve no disciplinary infractions) one other massive black man tried to rape me.
Regardless of having jail camp custody I’m at Coleman LOW the place I’m surrounded by intercourse offenders and baby molesters who I’d in any other case wish to shield my youngsters from.
I’ve maintained clear conduct as I obtained a job immediately as Head Orderly in Training, yesterday I received the expertise present, I’m working with my professors to finish a PhD, on the waitlist for UNICOR, and regardless of many requests for assist with drug therapy I’ve obtained none. (Whereas on pre-sentencing I attended AA usually).
A long term of imprisonment solely hurts the victims extra as taxpayers who misplaced cash at the moment are pressured to pay the price of my bodily custody.
Regardless of my expertise with the prison justice system that seems targeted on punishment and isolation, I’ve achieved all I can do to rehabilitate.
I don’t perceive why these hardships are occurring however I do know that God is the true decide and so long as I hold my head up, examine, and work arduous I’ll come dwelling to my fiance and two children a stronger and higher man and husband.
If nothing else – jail obtained me out of the quick paced life and reset my priorities.
Now, I simply need out so I can show as soon as once more I is usually a extremely productive member of society.
On April twenty third, Nicholas’ newly appointed lawyer filed a movement requesting Nicholas’ pro-ser submitting be stricken.
Nicholas’ new lawyer claims Nicholas’ pro-ser submitting was an “unlucky mistake”.
Nicholas switched attorneys on April twenty third, after complaining about his earlier illustration in his April eleventh pro-ser submitting.
The previous lawyer that prevented me from serving to the federal government that was paid for by my co-defendants in serving to them run away to Brazil leaving me holding the bag is now now not a barred lawyer.
It is because even from behind jail partitions I’ve informed the reality and offered proof regardless of the restrictions jail in inserting on me to get the reality out.
The movement requesting Nicholas’ pro-ser submitting be stricken was granted on April twenty fourth.
