The Sentencing of Devin Ward Elder — September 9, 2026
United States v. Devin Ward Elder, Case No. 5:26-cr-00038-FB, U.S. District Court, Western District of Texas, San Antonio Division, before Judge Fred Biery. Elder pleaded guilty February 17, 2026 to one count of federal wire fraud (18 U.S.C. § 1343) — $66 million raised from approximately 345 investors. Sentencing: September 9, 2026 at 9:00 AM CT, 262 W. Nueva St., San Antonio.
The Stakes
- Statutory maximum: 20 years federal prison, up to $250,000 fine, up to 3 years supervised release.
- 345 victims: every victim impact statement submitted must be considered by the court before sentence is imposed; statements may be submitted up to sentencing day.
- $66,000,000 money judgment: restitution is mandatory; a federal receiver is liquidating approximately 21 properties, with net proceeds flowing to victims.
How the Morning Unfolds
- The Presentence Report: the U.S. Probation Office calculates the guidelines range, victim impact, and background; both parties may object.
- Victims address the court in person or by written statement.
- Both sides argue: the government recommends a sentence; the defense argues mitigation.
- Elder's allocution: before sentence is imposed, the court must address Elder personally and allow him to speak on his own behalf — the right of allocution under Federal Rule of Criminal Procedure 32.
- Judge Biery pronounces sentence: prison term, supervised release, restitution, fines, and forfeiture, with any guidelines departure explained on the record.
This page updates the day the sentence lands. How to submit a victim impact statement · Federal case hub · Plea agreement (PDF)