Josip Heit must appear in person at a Texas State Office of Administrative Hearings (SOAH) proceeding on June 2-4, 2025, an order issued May 13th states. The directive involves consolidated enforcement cases against Heit, the Apertum Foundation, Dirc Zahlmann, Bruce Hughes, and Dennis Loos, all named in an alleged fraud scheme.

The May 8th consolidation order from SOAH explicitly required "Parties and the court reporter are to attend in person along with each of the parties’ counsel." This ruling directly addressed the individuals and the entity central to the Apertum case.

Counsel for Heit and the other respondents filed a joint motion on May 12th, seeking relief from the in-person attendance requirement. They argued that requiring their clients to appear, whether in person or virtually, would impose "an undue burden and an unnecessary hardship." Their filing stated that each respondent is a foreign person or entity, claiming the Petitioner lacked jurisdiction over them.

The Apertum Foundation is registered in the Marshall Islands. Its counsel asserts it maintains no office, employees, agents, property, bank accounts, or servers within Texas. Josip Heit and Dennis Christopher Loos are German citizens residing in the United Arab Emirates. Dirc Zahlmann holds German citizenship and lives in Germany and the UAE. Bruce Innes Wylde Hughes is a South African citizen and a UAE resident.

SOAH denied the motion on May 13th, confirming the June 2-4, 2025 hearing would proceed in person. The court cited the respondents' own previous filing, which had "request[ed] an in person hearing," as a key reason for the denial.

This order sets the stage for Heit and his co-respondents to enter the United States. Federal authorities maintain ongoing investigations into Heit, which remain active and separate from the Texas SOAH proceedings.

Heit's potential entry into the US may also be complicated by a prior conviction in Luxembourg. He was reportedly sentenced to prison on financial fraud charges sometime in the 2000s under the name Josip Curcic. Heit was released from prison in Luxembourg in 2012, changing his surname from Curcic sometime after his release. Such a criminal record could impact his ability to obtain a US visa, especially for a compelled appearance in a legal matter.

Attorneys for Heit and the other respondents have consistently maintained in filings related to the Texas Apertum fraud case that their clients "have never intentionally reached into Texas in connection with the offer or sale of APTM." They further represented that their products are "not available to residents of the United States." This assertion conflicts with data from April 2025, when SimilarWeb tracked the United States as the top source of website traffic to the Apertum Foundation.