Jake Soberal, 38, and Irma Olguin, Jr., 44, the founders and leaders of the failed Fresno-based start-up company, Bitwise Industries (“Bitwise”), were sentenced to 11 years and 9 years in prison, respectively, for defrauding people out of approximately $115 million United States Attorney Phillip A. Talbert announced Tuesday.
“Defendants likened themselves to gods and joked about deceiving their well-intentioned investors while committing a massive fraud,” said U.S. Attorney Talbert. “They lied repeatedly to pull in over $100 million to a dying business venture that they knew never had any meaningful revenue. To make themselves rich and keep up the façade, they used fabricated bank statements, false financial information, forged documents, and fake loan collateral. These sentences serve as a reminder of the hazards of such financial crimes, and my office will continue to work with the FBI, IRS Criminal Investigation, and our law enforcement partners to vigorously investigate and prosecute those who commit them.”
“The willful and egregious fraud carried out by Irma Olguin Jr. and Jake Soberal will have long lasting impacts on not only those who invested in the well-orchestrated scam of Bitwise, but also the nearly 1,000 employees and contractors who abruptly lost their jobs when the Bitwise swindlers ran out of money,” said IRS Criminal Investigation (IRS-CI) Oakland Field Office Assistant Special Agent in Charge Kulbir Mand. “White-collar crimes are damaging to victims, families, and communities alike. IRS-CI and its law enforcement partners are experts at investigating financial crimes and building cases that lead to justice. Today’s sentencing should serve notice that the consequence for committing white-collar crime is severe.”
“This case demonstrates how disastrous the impact can be when a company’s executives fail to conduct themselves ethically and lawfully. Bitwise Industries co-CEOs Jake Soberal and Irma Olguin, Jr. repeatedly lied to investors and lenders to keep their massive Ponzi scheme afloat, despite knowing that the business model would never generate positive revenue. The $115 million loss is significant, but the damage to the professional reputations of innocent parties and the loss of more than 900 jobs and associated benefits employees depended on will have a lasting, negative impact on the economy and individual lives,” said FBI Sacramento Special Agent in Charge Sid Patel. “The FBI remains steadfast, safeguarding our economy by working with all partner agencies to ensure that those who exploit positions of trust to commit large-scale corporate frauds are held accountable for their criminal activity.”
According to court records, Bitwise was, and still is, the biggest startup company to come from California’s Central Valley. The company’s objective was to use technology to create jobs for underserved groups of people, revitalize blighted urban areas, and show that such a project could be profitable.
Olguin, Jr. and Soberal received national media attention by appearing in publications like Forbes Magazine and giving Ted Talks where they portrayed Bitwise as being a success. They also made a substantial annual salary. By early 2022, however, the company was not generating any revenue and was running low on funds. Thereafter, Olguin, Jr. and Soberal fabricated financial information for its board and for investor materials and doctored audit reports to make it appear as though Bitwise was generating revenues and turning a profit. They also altered bank statements and forged bank representatives’ signatures on bank correspondence to inflate the company’s cash balances. They did so to convince people that Bitwise was excelling when the company was actually failing.
The following are illustrative examples of Olguin, Jr. and Soberal’s fraud:
• In a February 2022 presentation and July 2022 prospectus that were circulated to investors, Olguin, Jr. and Soberal represented that Bitwise’s cash balance was over $44,000,000 as of the end of 2021. They also represented that the company’s revenue was more than $58,000,000. In reality, the company’s cash balance was less than $12,000,000 at that time and its revenue was non-existent.
• In June and July 2022, Olguin, Jr. and Soberal falsely represented to a California-based investment firm that Bitwise had secured a $150,000,000 investment from another, London-based investment firm. This was done to convince the California-based investment firm to purchase several buildings that Bitwise owned. Several months later, Soberal falsely represented to another lender that Bitwise still owned those buildings to to provide collateral for another loan from another lender of millions of dollars.
• In a March 2023 presentation circulated to investors, Olguin, Jr. and Soberal represented that Bitwise’s cash balance was over $77,000,000 as of the end of 2022. They also represented that the company’s revenue was more than $143,000,000. In reality, the company’s cash balance was less than $5,000,000 at that time and its revenue nominal.
• Also in March 2023, Olguin, Jr. and Soberal provided an investor with an altered version of an audit of Bitwise that was previously conducted by an international audit firm. They altered the audit to make it appear as though Bitwise’s revenue was 300 percent higher than the true number.
• Also in March 2023, Soberal represented to a long-time Bitwise employee that the company had sufficient resources on-hand to induce the employee to make a significant loan to the company.
This pattern continued until the end of May 2023 when Bitwise ran out of money and the company collapsed.
Olguin, Jr. was a computer engineer who had previously run another technology company, and Soberal was an attorney who had previously practiced at a law firm doing intellectual property work. Moreover, the defendants hired unqualified family members and friends, which allowed them to compartmentalize information and work in secret to spin the false statements needed to conceal and continue with their fraud. For these reasons, Olguin, Jr. and Soberal received special sentencing enhancements.
This case is the product of an investigation by the FBI and IRS Criminal Investigation. Assistant United States Attorneys Joseph Barton and Henry Z. Carbajal III prosecuted the case.
