Article | June 30, 2026
FCPA Enforcement: Where the Bribery Actually Happened
FCPA enforcement trends analyzed by geography. Discover where bribery risk is concentrated and how it impacts global compliance, investigations and risk management.
Director Robert Miś was engaged by the US Department of Justice (DOJ) as its cryptocurrency-mining and blockchain technology expert in a landmark prosecution involving a $577 million cryptocurrency fraud scheme, described as the largest fraud ever prosecuted in the Western District of Washington.
Mr. Miś, now a Director at Secretariat,1 provided a comprehensive expert report and forensic analysis, supported by quantitative exhibits and visual timelines. His analyses played a key role in establishing the strength of the case and scale of the fraud. Ultimately, the defendant decided to plead guilty.
In United States v. Potapenko and Turõgin (No. CR22-185 RSL, W.D. Wash.), the DOJ alleged that defendants Sergei Potapenko and Ivan Turõgin, both Estonian nationals, defrauded hundreds of thousands of investors worldwide of more than $577 million between 2013 and 2019.
The defendants’ flagship enterprise, HashFlare, claimed to offer customers cloud-based cryptocurrency mining contracts. Customers were told they were buying access to HashFlare’s large mining farms and would receive returns based on their purchased computing power (“hashrate”). In reality, HashFlare operated only a token number of mining machines (approximately 164 functioning units), far short of the estimated 80,000 to perform the promised operations. The DOJ claimed that Potapenko and Turõgin falsified nearly all of the mining data displayed to investors, alleging that the company’s “profits” were largely fictitious. Furthermore, they alleged that early investors were compensated with funds from later ones, constituting a classic Ponzi scheme.
The defendants also raised $25 million through another enterprise, Polybius ICO, claiming they would create a fully digital bank. Instead, they diverted investor funds to personal and affiliated accounts, purchased luxury real estate, cars, and jewelry, and used shell companies to disguise money flows.
Both men were extradited from Estonia and pleaded guilty to one count of conspiracy to commit wire fraud, admitting to misleading over 440,000 customer accounts. The United States recommended a 10-year prison sentence for each and forfeiture of more than $400 million in assets, much of which was traceable to appreciated cryptocurrency holdings.
Mr. Miś’s technical report and analysis compared the defendants’ claimed hashrate sales to the hardware, energy, and infrastructure that would have been required to deliver those services.
This assignment required deep, hands-on expertise of cryptocurrency mining systems, including the design, assembly, and optimization of CPU, GPU, FPGA, and ASIC mining equipment, and an understanding of their corresponding algorithms (SHA-256, Scrypt, X11, Ethash, Equihash). The analysis also required proficiency in hashrate computation, proof-of-work protocols, mining pool operations, and power-consumption modeling, in addition to the ability to reconcile blockchain-level data with corporate records, sales ledgers, and hardware specifications.
Key findings included:
Mr. Miś’s analyses were cited by prosecutors to establish the technical impossibility and scale of the fraud, dispelling the defense’s characterization of HashFlare as merely a failed business.
Ultimately, the defendants chose to plead guilty, acknowledging the magnitude of their deception. Mr. Miś’s expert evidence quantifying the implausibility of their claimed mining operations was central in reinforcing the government’s position and contributing materially to the case’s successful resolution.
FCPA Enforcement: Where the Bribery Actually Happened
FCPA enforcement trends analyzed by geography. Discover where bribery risk is concentrated and how it impacts global compliance, investigations and risk management.
Secretariat is pleased to share that 56 of our experts have been recognized in the Lexology Index 2026 Construction report for their outstanding work on complex construction disputes and claims around the world. With 12 experts named as Global Elite Thought Leaders—the report’s most exclusive ranking, achieved by only 5% of listed professionals—Secretariat has earned the No. 1 spot in this category for the second year in a row among more than 750 ranked firms.
Eric Poer, a Managing Director in Secretariat’s Global Investigations & Disputes practice, was retained by the U.S. Securities and Exchange Commission (SEC) to serve as their forensic accounting expert in a high-profile securities fraud dispute.