UNITED STATES v. DEVIN WARD ELDER · 5:26-CR-00038-FB · W.D. TEXAS · JUDGE FRED BIERY

The Sentencing of
Devin Ward Elder

One count of federal wire fraud. 345 victims. $66 million. One morning in San Antonio.

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UNTIL DECEMBER 16, 2026 · 9:00 AM CT · 262 W. NUEVA ST., SAN ANTONIO
What He Faces

The Stakes

20 YRS
Statutory Maximum

The single wire-fraud count carries up to 20 years in federal prison, a fine of up to $250,000, and up to 3 years of supervised release.

345
Victims Before the Court

Every victim impact statement submitted must be considered by the court before sentence is imposed. Statements may be submitted up to sentencing day.

$66M
Money Judgment

Restitution is mandatory. A federal receiver is already liquidating ~21 properties; net proceeds flow to victims against the $66 million owed.

Case at a Glance
DefendantDevin Ward Elder, age 47, San Antonio TX
Case number5:26-cr-00038-FB
CourtU.S. District Court, Western District of Texas, San Antonio Division
JudgeHon. Fred Biery
ChargeFederal wire fraud — 18 U.S.C. § 1343 (one count)
Guilty pleaFebruary 17, 2026
SentencingDecember 16, 2026 · 9:00 AM CT
Maximum sentence20 years federal prison
Fraud amount$66,000,000 (outstanding principal)
Victims~345 investors, including senior citizens and retirees
Money judgment$66,000,000
Scheme durationJanuary 2023 – March 2025
EntitiesDJE Texas Management Group LLC; 17 investment offerings
ProsecutorU.S. Attorney's Office, Western District of Texas
December 16, 2026

How the Morning Unfolds

BEFORE

The Presentence Report

The U.S. Probation Office prepares a Presentence Investigation Report (PSR) calculating the guidelines range, victim impact, and defendant's background. Both parties may object — the judge resolves disputes first.

9:00 AM

Victims Address the Court

Victims may submit written statements and speak in court. The court is required to consider the impact on victims. Statements describing financial loss, emotional harm, and retirement impact carry significant weight.

MID-MORNING

Both Sides Argue

The U.S. Attorney's Office submits a sentencing memorandum recommending a specific sentence, typically within or above the guidelines range for fraud cases of this magnitude. Defense counsel argues for a below-guidelines sentence based on mitigating factors, cooperation, and personal circumstances.

BEFORE SENTENCE

Elder's Allocution

Before sentence is imposed, the court must address Elder personally and give him the opportunity to speak on his own behalf — the defendant's right of allocution under Federal Rule of Criminal Procedure 32. It is traditionally the last voice the judge hears before pronouncing sentence.

THEN

Judge Biery Pronounces Sentence

Prison term, supervised release, restitution order, fines, and forfeiture. Any departure from the guidelines range must be explained on the record. The court will issue a restitution order specifying the amount owed to victims and the payment schedule — restitution is mandatory in federal fraud cases. This page updates the day the sentence lands.

Victim Impact Statements

If You Are a Victim — Your Voice Matters at Sentencing

Federal law gives every victim the right to submit a Victim Impact Statement and speak at sentencing. Judges are required to consider the impact on victims. Statements describing financial loss, emotional harm, and the effect on retirement or life savings carry significant weight in federal fraud cases of this scale.

How to Submit a Victim Impact Statement →
Key Dates
Jan 2023
DJE Texas begins soliciting investors for 17 investment offerings
Spring 2025
FBI investigation begins; DJE Texas collapses
Mar 2025
Scheme ends; $66M outstanding principal owed to 345 investors
Feb 17, 2026
Devin Ward Elder pleads guilty to federal wire fraud
Jul 2025
Elder launches Ark40 Consulting amid FBI scrutiny of DJE Texas
Mar 9, 2026
Federal receiver sells Leeds Building for $1.4M — no restitution to investors
Dec 16, 2026
Sentencing hearing before Judge Fred Biery, W.D. Texas
Frequently Asked Questions
When is Devin Elder's sentencing?+
Devin Ward Elder's sentencing is scheduled for December 16, 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 (Courtroom G, Third Floor) — continued from the original September 9, 2026 setting by an Order Resetting Sentencing granting Elder's unopposed motion (Doc. 85, Aug. 31, 2026). 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 actual sentence will be determined by Judge Fred Biery at the December 16, 2026 hearing, after considering the Presentence Investigation Report, victim impact statements, and arguments from both sides.
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 April 2026, no restitution has been paid to investors.
What is the DJE Texas case number?+
United States v. Devin Ward Elder, Case No. 5:26-cr-00038-FB, U.S. District Court, Western District of Texas, San Antonio Division. Presiding judge: Hon. Fred Biery.
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 (December 16, 2026), without disclosing his federal conviction or the $66 million restitution obligation. See the full Ark 40 Consulting report.
Where will Devin Elder be sentenced?+
Sentencing will take place in the United States District Court for the Western District of Texas, San Antonio Division, before U.S. District Judge Fred Biery.
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.
Related Pages
About This Page

This page documents the federal sentencing of Devin Ward Elder in United States v. Elder, Case No. 5:26-cr-00038-FB (W.D. Texas). All information is derived from publicly available federal court records, the signed plea agreement, and official court filings. This site is not affiliated with the U.S. Department of Justice, the U.S. Attorney's Office, or any government agency. Last updated: October 11, 2026.