Sergei Potapenko and Ivan Turõgin, the Estonian co-founders of the now-defunct crypto mining firm HashFlare, are facing a new challenge in their legal battle. According to a recent letter reviewed by Decrypt, the Department of Homeland Security (DHS) has ordered them to “immediately” leave the United States or face potential law enforcement action. This directive comes as a surprise as it contradicts an earlier court order that required them to remain in King County, Washington.
The attorneys for Potapenko and Turõgin addressed a letter to U.S. District Judge Robert Lasnik, explaining that both men received emails from DHS on April 6 instructing them to leave the country. The messages also warned of potential consequences, including criminal prosecution, civil fines, and penalties if they fail to comply. Despite the court order to stay in King County, Turõgin received a second message with the same language on April 11.
The lawyers highlighted the unsettling nature of these communications, expressing concerns about the possibility of wrongful deportations. They referenced a recent case where an individual was mistakenly deported to El Salvador, underscoring the potential risks of errors by immigration authorities.
The HashFlare case, which led to the arrest and extradition of the defendants from Estonia, involves charges of conspiracy to commit wire fraud. The defendants admitted to falsely marketing cloud-based crypto mining contracts through HashFlare and engaging in a separate scheme related to an initial coin offering for the Polybius digital bank project. As part of their plea deal, they agreed to forfeit approximately $400 million in assets.
Despite these challenges, Potapenko’s lawyer emphasized his client’s commitment to complying with all conditions of release. Similarly, Turõgin’s counsel expressed hope that the judge, rather than DHS, will make the decision regarding their return home.
As the legal battle continues, the attorneys indicated that they would request a hearing if the DHS issue is not resolved promptly. The sentencing for Potapenko and Turõgin is scheduled for August 14, and their defense team remains focused on addressing the current immigration complications while advocating for a fair resolution.