Bitclub Newsletter No. 179

Dear Clients,

In the BitClub Network case, a new procedural development has occurred in relation to defendant Matthew Goettsche, further confirming that the proceedings are moving toward trial.

Specifically, the United States Department of Justice has submitted a request to the Court to schedule a status conference and, during that conference, to conduct a so-called “Frye colloquy.”

This is a procedural mechanism used in situations where a defendant has rejected a plea offer. In such cases, the Court addresses both defense counsel and the defendant directly in order to confirm that:

• the defendant was informed of the Government’s plea offer;
• the defendant had sufficient time to consider it;
• the defendant understood the consequences of rejecting the plea;
• the decision was made knowingly and in consultation with counsel.

The purpose of this procedure is to create a clear record that the defendant knowingly and voluntarily rejected the plea offer, thereby preventing any later claims that the defendant was not properly informed or advised.

In the present case, the Government has indicated that a formal plea offer was extended to the defense in December 2025 and that the defendant rejected that offer. In light of the U.S. Supreme Court’s decision in Missouri v. Frye, the Government has requested that the Court formally address this issue on the record before further proceedings continue.

This procedural step further confirms that a negotiated resolution is no longer expected in relation to this defendant and that the case is proceeding toward trial.

At the same time, such measures are standard in complex criminal proceedings and are intended to preserve procedural integrity and prevent potential challenges related to the effectiveness of counsel at a later stage.

As always, we continue to monitor all relevant developments and will inform you promptly of any information that can be shared.

Kind regards,
Attorney Zoran Miljaković