Mark Scott, a former lawyer implicated in the OneCoin cryptocurrency fraud, is seeking to indefinitely delay his sentencing hearing. He filed a letter August 24th with the federal court requesting his sentencing be "adjourned without a date." Scott cited two primary reasons for the postponement: a pending Supplemental Rule 33 Motion, which effectively argues for a new trial, and scheduling disruptions for a medical procedure in Florida attributed to COVID-19.
The Rule 33 Motion, filed the day before Scott's adjournment request, remains under seal. It suggests Scott contests the evidence presented by prosecutors during his trial. He is also demanding an evidentiary hearing, though the specific evidence he aims to challenge is not publicly known due to the sealed nature of the filing.
The Department of Justice quickly opposed Scott's request on August 25th. Prosecutors rejected the notion of an indefinite postponement, offering instead a compromise of a four-week delay. This marks Scott's tenth request for a sentencing delay since his original sentencing date in February 2020.
Prosecutors stated that Scott's request for an indefinite adjournment is unwarranted. They also noted that the government is investigating the allegations contained within his sealed supplemental motion and will provide a response to his claims.
Regarding Scott's medical reasons, the DOJ dismissed his argument. Prosecutors pointed out that Scott is vaccinated against COVID-19. They argued that if he has legitimate medical conditions that the Bureau of Prisons cannot manage, the correct course of action is not to postpone sentencing indefinitely. Instead, the court should proceed with sentencing immediately and defer his surrender date only if Scott provides proper documentation of his conditions and proof that the Bureau of Prisons is genuinely unable to provide the necessary care. The government's filing concluded that an indefinite adjournment would be inappropriate.
This situation follows a pattern. Scott was convicted and taken into custody, only to subsequently claim several serious medical conditions. The court then released him pending sentencing. Since that release, he has repeatedly used ongoing medical treatment as a basis to delay facing prison time. The exact nature of these purported medical conditions has never been publicly disclosed by Scott.
The court has not yet issued a ruling on Scott's request for an indefinite adjournment or the DOJ's opposition. However, prosecutors have made their stance clear: sentencing should proceed without further indefinite delay, with any medical issues to be addressed through the established procedures of the prison system.