What's at stake?
The duo was facing up to 40 years in prison in connection with charges of conspiracy to commit wire fraud and wire fraud.
The disgraced former CEOs of Bitwise Industries, once the Central Valleyโs tech startup darling before its spectacular fall, will spend nearly a decade in prison, a federal judge ruled Tuesday.
The sentence was handed down by Judge John C. Coughenour, more than a year after Jake Soberal and Irma Olguin Jr. surrendered to federal authorities.
Soberal, a former attorney, received an 11-year federal prison sentence, while Olguin was hit with nine years in prison.
The judge said Soberalโs training and experience as an attorney was a factor in the additional two years on his term.
The duo was facing up to 40 years in prison in connection with charges of conspiracy to commit wire fraud and wire fraud. Soberal and Olguin pleaded guilty to the charges in July in exchange for a more lenient sentence.
But this hearing is hardly the end of the Bitwise story, with the companyโs Chapter 7 bankruptcy case still pending, and hundreds of workers still waiting on payouts from a $20 million settlement in one of the many class action lawsuits filed against the company in the wake of its collapse.
The scene in the courtroom Tuesday
Defense attorneys for Soberal and Olguin both pleaded with the judge to hand down the minimum sentence agreed to in the pairโs plea bargain, which was five years.
Both also cited dozens of letters shared with the court from friends and family of Soberal and Olguin as proof of their character outside the commission of their crimes.
The U.S. attorneyโs office was meanwhile requesting 151 months of prison time, or about twelve-and-a-half years, for both Soberal and Olguin.
Multiple investors who lost millions of dollars as the result of the former CEOsโ actions also addressed the judge Thursday, requesting the maximum sentence for Soberal and Olguinโs crimes โ which is 20 years for each count.
โThe real business model was to steal from as many people as possible,โ said Brian Maxwell, who had loaned Bitwise over $1 million.
Maxwellโs father Jim, who also lent money to Bitwise, said Olguin and Soberalโs crimes โpoisoned the well of trust up and down the Valley,โ especially when it comes to social-impact investing.
Coughenour, a Reagan-appointee and visiting judge to the Eastern District of California, referenced the sentencing of Elizabeth Holmes, the former CEO of blood-testing company Theranos, in handing down Soberalโs sentence.
โOut of my respect for Judge (Edward) Davila,โ Coughenour said, he opted to give Soberal the same number of years behind bars.
The judge also included three years of supervised release in Soberal and Olguinโs sentences and ordered them to pay more than $114 million in restitution.
What are people saying about the sentencing?
Courtroom 5 at the Robert E. Coyle Federal Courthouse in downtown Fresno was brimming with former Bitwise employees Thursday, even before the hearing began.
By the time Olguin delivered an emotional apology to the court, it was also overflowing with emotion.
Both Olguin and several members of the audience shed tears as she apologized to employees, directly addressing some of them for the first time in months.
โIโm sorry I broke your heart,โ she said.
Olguin also expressed grief over the touting of her success story โ as a queer Latina charting a course in tech โ and how that will affect the future of entrepreneurship in the Central Valley.
โI fear that I dragged them all down with me today,โ she said.
Soberal also apologized during the hearing, saying his actions were โout of stepโ with the Christian worldview he tries to live by.
โI told you the company was succeeding when it wasnโt,โ he said regarding employees.
โI will find a way to do good while incarcerated,โ he added.
Leaving court, other employees shared their mixed emotions regarding the former CEOsโ sentences.
โI think itโs just a sad, unfortunate situation for everybody involved,โ said David Ramirez, who got his first full-time job out of college for Bitwise.
โAny extended time in prison isnโt really something I would wish on anybody, much less two people that I know and respected.โ
Jenn Guerra, who had previously called for the maximum sentences for Soberal and Olguin, submitted a letter requesting greater leniency for Olguin.
โBy no means (do) I think that theyโre innocent or that they shouldnโt go to jail at all,โ she told Fresnoland in an interview after the hearing.
โItโs just, I felt like maybe theyโd do more good if they could pay people back,โ she said. โI donโt know if they could really do that if theyโre in prison for most of their life.โ
What comes next for the Bitwise story?
The judge gave Soberal and Olguin 90 days, or until March 18, to surrender themselves.
Soberalโs attorney requested Soberal serve his sentence at the low-security federal correctional institution in Lompoc, citing the availability of a substance abuse treatment program at the facility for his client to use.
Olguinโs attorney requested the federal prison camp in Victorville.
But while this signals the end of Soberal and Olguinโs criminal case, the Bitwise fallout continues to unfold in bankruptcy and civil courts.
Hundreds of employees who abruptly lost their jobs when Bitwise collapsed also saw their final paychecks bounce โ and have yet to be repaid.
But a $20 million settlement reached in two of the class action lawsuits filed against Bitwise for failing to notify employees in advance of mass layoffs means that โvirtually all, if not all, employeesโ will recover those lost wages, attorney Roger Bonakdar told Fresnoland on Monday.
Bonakdar, one of the attorneys representing ex-Bitwise workers in one of the class action suits, said in bankruptcy court, thereโs a statutory cap of $15,000 per employee as far as how much they can receive for โwage theft and those related claims.โ
But many of the employees heโs representing are owed less than that.
He expects between 500 and 800 former employees to benefit from this settlement โ a number that the bankruptcy court claims administrator will finalize in the first three months of 2025, he added.
The soonest employees will get payouts from the settlement is โtoward the end of the first quarter of 2025,โ he estimated.
โWhat weโve achieved was achieved in record time,โ he added, โand is nothing short of outstanding for these deserving employees.โ
Bonakar, who attended Thursdayโs hearing, told reporters following the sentencing that from the perspective of some of his clients, โno sentence was going to make it right.โ
โTheyโre heartbroken,โ he said, โbut I hope that today it just helps bring closure to them and their families to move forward.โ


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