Devin Elder Sentencing | September 9, 2026 | Federal Wire Fraud
Devin Ward Elder is scheduled to be sentenced on September 9, 2026 at 9:00 AM CT for federal wire fraud (18 U.S.C. § 1343) in the United States District Court for the Western District of Texas, San Antonio Division.
Sentencing Details
- Date: September 9, 2026
- Time: 9:00 AM Central Time
- Location: U.S. Courthouse, 262 W. Nueva St., San Antonio, TX 78207
- Judge: Fred Biery
- Case: 5:26-cr-00038-FB
- Maximum Sentence: 20 years federal prison
- Money Judgment: $66,000,000
Case at a Glance
- Defendant: Devin Ward Elder, age 47
- Charge: Wire Fraud (18 U.S.C. § 1343)
- Guilty Plea: February 17, 2026
- Victims: 345 investors
- Total Fraud: $66 million
- Scheme Duration: January 2023 to March 2025
Federal Sentencing Guidelines Calculation
- Base offense level: Wire fraud base Level 7
- Loss amount ($66M+): +22 levels (exceeds $65M loss threshold)
- Number of victims (345+): +4 levels (exceeds 250 victims)
- Sophisticated means: +2 levels (PPM structure, multiple LLCs)
- Vulnerable victims: +2 levels (senior citizens and retirees)
- Acceptance of responsibility: -3 levels (guilty plea)
- Estimated total offense level: ~34, yielding 151–188 months (12.5–15.7 years)
What Happens at Sentencing
Judge Biery will consider the federal sentencing guidelines, the pre-sentence investigation report, victim impact statements, and arguments from both the prosecution and defense before imposing a sentence. The public may attend federal sentencing hearings.
Frequently Asked Questions
- When is Devin Elder's sentencing?
- September 9, 2026 at 9:00 AM before U.S. District Judge Fred Biery at the U.S. Courthouse, 262 W. Nueva St., San Antonio, TX 78207. Case number 5:26-cr-00038-FB.
- How many years in prison could Devin Elder receive?
- The maximum statutory sentence for federal wire fraud (18 U.S.C. § 1343) is 20 years per count. Elder pleaded guilty to one count. The estimated Federal Sentencing Guidelines range is 151–188 months (approximately 12.5–15.7 years) based on the $66 million fraud amount, 345 victims, sophisticated means, and vulnerable victim enhancements.
- Did Devin Elder plead guilty?
- Yes. Devin Ward Elder pleaded guilty on February 17, 2026 to one count of federal wire fraud in the Western District of Texas. He admitted to raising $66 million from approximately 345 investors through false representations.
- How much restitution will DJE Texas investors receive?
- Elder agreed to a $66,000,000 money judgment as part of his plea agreement. The actual restitution amount and payment schedule will be determined at sentencing. As of June 2026, multiple properties have been sold and cryptocurrency holdings are being seized via prejudgment garnishment.
- What is Ark40 Consulting and is Devin Elder still operating it?
- Ark40 Consulting (ark40consulting.com) is a technology advisory firm founded by Devin Ward Elder after the collapse of DJE Texas. It was actively promoting Elder's services between his guilty plea (February 17, 2026) and his scheduled sentencing (September 9, 2026), without disclosing his federal conviction or the $66 million restitution obligation.
- Where will Devin Elder be sentenced?
- United States District Court for the Western District of Texas, San Antonio Division, before U.S. District Judge Fred Biery. 262 W. Nueva St., San Antonio, TX 78207.
- What happened to DJE Texas investor funds?
- Elder diverted investor funds to personal assets including Eventide Ranch (a 500-acre exotic animal ranch), a Robinson R44 helicopter (N244WB), a SOCATA TBM 700 private jet (N776RM), a Port Aransas beach house, and a personal San Antonio residence. He also used $8.8 million in new investor funds to pay fake returns to earlier investors.
Victim Impact Statements
Victims of the DJE Texas fraud may submit written victim impact statements to the U.S. Attorney's Office before sentencing. Contact: USATXW.VictimAssistance@usdoj.gov. Statements submitted before September 9, 2026 are considered by the judge in determining the sentence.
All information sourced from public federal court records (Case 5:26-cr-00038-FB).
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