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Oberholzer Charged With Fraud Got 15 Months Switched to Steptoe Now Gets Day Delay

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, May 13 – Barend Oberholzer is charged with fraud using a defense technology start-up in Colorado and California.      

     On August 26, 2021 U.S. District Court for the Southern District of New York Judge Andrew L. Carter held a proceeding. Inner City Press covered it.

 At issue was whether Oberholzer can sell assets and devote only a portion to attorneys fees.

On November 14 Oberholzer was assigned a counsel under the Criminal Justice Act.

On December 9, Judge Carter had another proceeding in the case and Inner City Press again covered it. For Oberholzer and his co-defendant Jaromy Pittario, the next conference was set for March (one of the lawyers turned down a March 10 date due to a trial before SDNY Judge Paul A. Crotty), with Speedy Trial Act time excluded until then.

On March 8, 2022 Judge Carter held another proceeding, and Inner City Press again covered it. Oberholzer switched to Steptoe & Johnson.

Jump cut to January 9, 2024 when Steptoe wrote in to Judge Carter for Oberholzer's sentencing, asking for nine months home confinement.

On January 13, the US Attorney's Office asked for "the high end of the Stipulated Guidelines range - 41 months."

On January 16, he got 15 months: "BAREND OBERHOLZER, a/k/a “Barry Oberholzer,” was sentenced to 15 months in prison by U.S. District Judge Andrew L. Carter, Jr. for soliciting investments in his defense technology start-up company on the basis of fraudulent misrepresentations regarding its financial solvency, access to cash, and use of investor funds."

On April 19, 2024 the US Attorney's Office wrote in to oppose Oberholzer getting any more extension to surrendering to prison, now that he has been designated to a facility.

And, it emerged, Oberholzer's counsel withdrew the request.

But on May 10, Oberholzer wrote in again, saying he has retained the "post-conviction law firm, Righting Wrongs Law, to assist me in this re-designation... Their office has been in near daily contact with officials at the BOP Designation and Sentence Computation Center in Grand Prairie, Texas" - and requested another extension...

On May 13 he got it - until May 14.

The case is US v. Oberholzer et al., 21-cr-475 (Carter)



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