U.S. v. Daniel Fernandes Rojo Filho- DFRF Enterprises, LLC (“DFRF”)
Docket number: 15-CR-10214-NMG
In 2017 the defendant, Daniel Fernandes Rojo Filho, was required to be evaluated by an expert to determine whether he was competent to participate in the criminal process. After review of expert psychiatric reports and attempts to allow for treatment, it is the opinion of the court that no available treatments or additional steps that can be taken to bring Mr. Filho to a position where the court can comfortably be assured that the defendant can participate in his case.
What this means for victims
The court has granted a motion to dismiss the case, without prejudice, which means that should the defendant be deemed competent to participate in the criminal process, charges may be re-filed and the case will resume. This means that there will be no further action available through the criminal justice system as it relates to individuals who may have given money to DFRF or Mr. Filho. The defendant has been released from the Bureau of Prisons. There will be no additional updates on this case.
A status conference took place on 7/25/18 during which the Court was informed that physicians have diagnosed the defendant incompetent to stand trial and non-restorable in the foreseeable future. Based on these findings, the charges against the defendant will likely be dismissed without prejudice, which means that if he subsequently becomes competent, the government can charge him again. During the status conference, the government informed the court that regardless of whether the charges are ultimately dismissed, it continues to believe that Mr. Filho poses a financial danger to the public. The matter was held over for additional proceedings with regard to the potential of civil commitment.
The Court held a competency hearing on March 24, 2017 and determined that, at this time, the Defendant is not competent to stand trial. He will be transferred to the Bureau of Prisons for further evaluation and treatment.