A suppression hearing has been set for May 13 in the federal criminal case against Bradford man Shane Hvizdzak.
The hearing will be held at noon in Courtroom 3B, United States Courthouse, Pittsburgh. Hvizdzak is required to be present, read the order from U.S. District Judge W. Scott Hardy.
Hvizdzak, 36, and his brother Sean Hvizdzak, 38, of St. Marys, were charged in a 65-count indictment with defrauding investors in a cryptocurrency hedge fund scheme, allegedly bilking investors out of approximately $31 million, saying it was being invested in digital assets and fabricating statements saying the investments were earning huge returns. The two allegedly put the assets in their personal accounts and moved them outside the U.S.
Shane Hvizdzak is seeking to suppress statements he made to FBI agents who raided his home June 17, 2020, along with the contents of his phone, which he provided to the agents at that time. He claimed he was never read his rights, and didn’t know he could refuse to speak to investigators, and that he felt he was in custody at the time of the interview.
Assistant U.S. Attorney Christian Trabold, prosecutor, argued that Hvizdzak was questioned at his home, was not in custody, and gave his statements willingly. He argued that any argument that Hvizdzak didn’t know he could refuse to speak to investigators was “preposterous,” since he is highly educated and has a brother who was a practicing attorney.
Hvizdzak’s attorneys — John A. Schwab and Jennifer Bouriat, both of Pittsburgh — filed a reply, arguing that Hvizdzak’s accounting of the raid differed from the FBI’s. There were more armed agents in the house than the prosecutor admitted to, which they referred to as a “mass of law enforcement agents occupying his home” in the reply. Hvizdzak felt he wasn’t permitted to move around or leave, the reply stated.
His statements were not free and voluntary, they argued, “because it did not result from a free and unrestrained choice.” Neither was his cooperation with his phone, as Hvizdzak felt he had no choice, the reply stated.
The matters will be argued at the upcoming hearing.
Sean Hvizdzak, represented by attorney David Berardinelli of Pittsburgh, is not involved in the motion.
