The Securities and Exchange Commission have agreed to allow more time for the Bradford brothers accused of fraud to respond to the complaints against them.
Shane Hvizdzak, 32, of Bradford, and Sean Hvizdzak, 34, of St. Marys, were both named in an SEC complaint in June for allegedly defrauding investors in a cryptocurrency hedge fund scheme. Both have asked for more time to respond in the case, as Monday had been set as the deadline for responses to the complaint.
The brothers allegedly took money from investors, said it was being invested in digital assets and fabricated statements saying the investments were earning huge returns, the SEC alleged.
However, the SEC said the brothers took in the neighborhood of $26 million from investors, put it in their personal accounts and then moved it outside the United States. Some of the funds were put in untraceable digital accounts, the SEC alleged.
Sean Hvizdzak’s attorney, David Berardinelli of Pittsburgh, asked for an extension to Oct. 13. In his motion, he indicated that his client and the SEC are “engaged in discussions about a possible non-litigated, amicable resolution to this action as to him,” which has delayed answering the SEC’s complaint.
Berardinelli said Sean Hvizdzak has provided more than 21,000 pages of documents to the SEC, and the federal commission has provided nearly 5,000 pages of documents to him. “As this shows, the parties are advancing the case even without an answer and while they engage in discussions about a possible amicable resolution,” the motion stated.
It was noted the SEC did not object to the continuance.
Shane Hvizdzak, through his attorney Efrem Grail, filed a motion asking for a continuance to Oct. 13 as well. The motion noted that attorneys for both sides were “continuing to engage in good faith discussions with respect to key issues in this case,” and that Sean Hvidzak’s attorney was asking for a continuance to the same date.
On Wednesday, U.S. District Judge Susan Paradise Baxter granted both motions.