HyperFund Ponzi promoter Rodney Burton was
arrested en route to Dubai
back in January.

Since then Burton has been in custody pending the outcome of him criminal case.

On June 16th, Burton filed a motion requesting a review of his detention. Burton’s motion was denied on July 9th.

In his motion, Burton (right) acknowledges the court deemed him to be a serious flight risk.

The Court found by a preponderance of the evidence that there was a serious risk that the defendant would not appear.

Further, that the “nature/circumstances of offense involve significant amount of assets; weight of the evidence is strong (witnesses, transaction records, recorded calls); history/characteristics of Defendant; significant assets ($40k/month in income, yacht, vehicles), arrest at airport with 1-way ticket to UAE”.

Citing the Bail Reform Act, Burton’s attorney argued he was “entitled to a presumption [he wouldn’t flee] in favor of release pending trial.”

This argument was based on Burton’s charges being non-violent and that Burton, a serial promoter of fraudulent investment schemes, did not know HyperFund was a Ponzi scheme.

Contrary to the Government’s claim of substantial evidence of Mr. Burton’s involvement in this “Ponzi Scheme”, an objective review of the transaction records and the recorded phone call does not establish the Mr. Burton had actual knowledge of a “Ponzi Scheme” or intent to further a conspiracy.

Bizarrely, in an attempt to discredit the DOJ’s assertion that he intended to
fl
e
e to Dubai
, Burton’s attorneys quote evidence that supports Burton intending to flee to Dubai.

At the detention hearing the government relied on a recorded phone call between Mr. Burton and government cooperator, Brenda Chunga, that occurred on December 22, 2023.

An objective review of the recording in its entirety does not support the Government’s theory of Mr. Burton’s consciousness of guilt, or evasion of prosecution.

In response to Ms. Chunga’s statement regarding prior business dealings involving cryptocurrency, Mr. Burton shared that he has also been affected and that he was dealing with active court cases in which he had already gone to Court for, expressing that “motherfucking feds out here, man, doing investigations on me, doing all kinds of shit” Recording at minute 28.50.

Further, Ms. Chunga asks Mr. Burton that given what he’s going through “doesn’t that make you just want to just stop and not do this crypto thing since it’s the wild-wild west out here?” Recording at minute 29.

To which Mr. Burton responded in part “No, I mean as long as you do what you supposed to do, you do it right …. I want to keep on trying, I want to win, you know and if I do die, I want to die trying, you know, die on my feet, not on my knees… fighting the good fight.

Recording at minute 29 – 30. Subsequently, Mr. Burton states that “in Dubai also, it’s where, it’s legal to do crypto”.

Burton’s attorney claims his quoted statements are “self-serving excerpts … entirely

🤖 Quick Answer

Was HyperFund promoter Rodney Burton released from custody after his detention review request?
No. Rodney Burton, arrested in January while en route to Dubai, filed a motion on June 16th requesting a review of his detention. The court denied the motion on July 9th, citing serious flight risk, strong evidentiary weight including witness testimony, transaction records, recorded calls, and significant personal assets including a yacht and substantial monthly income.

Why was Rodney Burton deemed a serious flight risk by the court?
The court found by a preponderance of evidence that Burton posed a significant risk of non-appearance. Factors included the nature of the offense involving substantial assets, approximately $40,000 per month in income, ownership of a yacht and multiple vehicles, and his arrest at an airport holding a one-way ticket.

**What evidence did the court cite against Rodney Burton in the Hyper

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