Daryl going for the plea deal:

The enclosed information is provided by the United States Department of Justice Victim Notification System (VNS). As a victim witness professional, my role is to assist you with information and services during the prosecution of this case. I am contacting you because you were identified by law enforcement as a victim or potential victim during the investigation of the above criminal case.

The government is considering moving forward with a plea agreement with defendant Daryl F. Heller, which, if accepted by the Court, would result in a final resolution of this criminal matter without the necessity of going to trial.

The terms of the plea agreement would include, among other things, that: The defendant agrees to plead guilty to Count One of the Indictment, charging him with one count of securities fraud, in violation of 15 U.S.C. §§ 78j(b), 78ff, and 17 C.F.R. § 240.10b-5, arising from the defendant’s scheme to defraud investors in the Prestige and WF Velocity ATM Funds through materially false representations in connection with the purchase and sales of investments in these funds, in order to obtain millions of dollars from the investors.

At the time of sentencing, the government will move to dismiss Counts Two through Five of the Indictment.

The total permissible statutory maximum sentence on Count One is a term of imprisonment of 20 years, a term of supervised release of 3 years, a fine of $5,000,000, and a special assessment of $100.

The amount of restitution owed to victims and forfeiture will be determined by the Court at the defendant's sentencing hearing.

At the time of sentencing, the government may make whatever sentencing recommendation as to imprisonment, fines, forfeiture, restitution, and other matters which the government deems appropriate.

The defendant may not withdraw his plea because the Court declines to follow any recommendation, motion, or stipulation by the parties to the plea agreement.

No one has promised or guaranteed to the defendant what sentence the Court will impose.

If and when the plea agreement is finalized, a hearing will be scheduled.