{"id":343014,"date":"2026-06-19T15:55:50","date_gmt":"2026-06-19T15:55:50","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-tx\/343014\/"},"modified":"2026-06-19T15:55:50","modified_gmt":"2026-06-19T15:55:50","slug":"no-plea-deal-and-none-expected-in-ferrum-case-as-allen-seeks-delay-and-prosecutors-balk","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-tx\/343014\/","title":{"rendered":"No plea deal and none expected in Ferrum case as Allen seeks delay and prosecutors balk"},"content":{"rendered":"

Federal prosecutors are not offering a plea deal to Ferrum Capital co-founders Joshua Allen and Michael Cox \u2013 both of Lubbock. And they\u2019re not asking for one either.<\/p>\n

Allen has also requested to move the trial to a later date, which prosecutors oppose. A judge has not ruled yet, and we\u2019ll come back to that in a bit.<\/p>\n

The two are under indictment for securities fraud and other charges \u2013 accused of using Ferrum to run a Ponzi scheme and take millions of dollars from hundreds of people.<\/p>\n

Related story: Ferrum Capital investors have until September 3 to file a claim \u2014 here\u2019s how<\/a><\/p>\n

\u201cThere are no plea negotiations between the United States and \u2026 Allen or \u2026 Cox. Defendants Cox and Allen, through their counsel, have expressed their desires to exercise their right to trial in this matter,\u201d said Joseph Blackwell, assistant U.S. attorney, in a Wednesday legal filing in court.<\/p>\n

Allen and Cox\u2019s San Antonio business affiliate Brooklynn Chandler Willy pleaded guilty<\/a> this year and will be sentenced after the two Lubbock businessmen go to trial. <\/p>\n

U.S. District Court Judge Fred Biery compared the upcoming trial to Texas\u2019 war for independence against Mexico in 1835-1836.<\/p>\n

\u201c\u2026 This matter will be tried about two blocks from where General Santa Anna oversaw his troops from the bell tower of the San Fernando Cathedral and perhaps viewed General Travis drawing the legendary line-in-the-sand,\u201d Biery wrote on June 5.<\/p>\n

It was part of a request for attorneys to give him an update on how things are going before the trial.<\/p>\n

In that request, Biery asked, \u201c\u2026 Has the line-in-the-sand for either or both defendants been drawn?\u201d<\/p>\n

Biery also described a letter he might send to the August jury panel in San Antonio.<\/p>\n

\u201c\u2026 The court\u2019s practice for a lengthy trial such as this will be to prequalify the jury panel for those who are unavailable to serve for up to three weeks. This is done by a letter \u2026\u201d Biery wrote.<\/p>\n

Click to see the text of Biery\u2019s draft letter<\/p>\n

Date: June 5th, 2026<\/p>\n

To: Federal Court Jury Panel Members for August 2026<\/p>\n

Ladies and Gentlemen:<\/p>\n

Our Constitution begins with the words \u201cWe the people\u2026\u201d Those are mere words on parchment unless we the people actually participate in the process of governing ourselves. Very few of us will serve in elective office, but when called upon we can serve in the judicial branch as judges of the facts in very important cases. It has been my honor to be called and to attend three times for service in state court.<\/p>\n

We ask our military to serve multiple deployments for many months at a time in remote outposts away from their spouses and children. They do that because they have taken an oath to the Constitution to preserve and protect it and, by implication, to preserve the rule of law and our self-governance.<\/p>\n

The Court is asking fourteen of you to serve as judges in a significant case for up to three weeks, though cases sometimes do not take as long as first anticipated. You will be serving in air-conditioned comfort, will not be required to stay overnight and will be on the road back to your families no later than 3:30 each afternoon. I assure you that those of you who are selected a) will never forget the experience and b) will learn that real cases presented by these excellent lawyers are far more interesting than the television versions.<\/p>\n

I know there are some of you who would be willing and able to serve for the usual three or four day case but cannot accept the invitation for this case. If you are unable to serve for this length of time, please respond accordingly in the enclosed envelope. If you are able to serve, I look forward to seeing you in court on August 10, 2026, through approximately August 28.<\/p>\n

Kind regards,<\/p>\n

Fred Biery
United States Judge<\/p>\n

The draft of Biery\u2019s letter said in part, \u201cThe court is asking fourteen of you to serve as judges in a significant case for up to three weeks, though cases sometimes do not take as long as first anticipated.\u201d<\/p>\n

The trial would start August 10 and end \u201capproximately\u201d on the 28th, according to the judge.<\/p>\n

Allen and prosecutors clash over trial date<\/p>\n

Allen\u2019s attorney, Anthony Box of Dallas, requested a delay \u2013 and that led to something of a dust up in court records.<\/p>\n

Box claimed recent restrictions on Allen\u2019s business interests are \u201crendering him presently unable to compensate defense counsel.\u201d<\/p>\n

Here\u2019s how that happened.<\/p>\n

Allen has been sued many times over the estimated $67 million victims lost in Ferrum. In one such lawsuit \u2013 also based in San Antonio \u2013 a judge took control of Ferrum away from Allen and Cox. It\u2019s now in the hands of a court-appointed receiver.<\/p>\n

The receiver secured an injunction recently against Allen to stop the sale or transfer of his business interests, which we covered here<\/a>.<\/p>\n

Prosecutors were not impressed with Allen\u2019s request for a 60-90 day delay.<\/p>\n

Writing for the office of U.S. Attorney, Blackwell responded, \u201cThe Government has issued trial subpoenas to more than seventy witnesses. \u2026 Travel arrangements and witness coordination have already occurred \u2026\u201d<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"No\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tNo plea deal and none expected in Ferrum case as Allen seeks delay and prosecutors balk<\/a><\/p>\n

\n\t\t\t\t\t\t\tJune 19, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Judge\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tJudge approves receiver plan, ordering Joshua Allen to not use other business assets, a step toward possible restitution<\/a><\/p>\n

\n\t\t\t\t\t\t\tJune 12, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Ferrum\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFerrum Capital investors have until September 3 to file a claim \u2014 here\u2019s how<\/a><\/p>\n

\n\t\t\t\t\t\t\tJune 4, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Receiver\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tReceiver in Ferrum Capital case asks judge to keep Josh Allen from selling assets in effort to reclaim money for victims<\/a><\/p>\n

\n\t\t\t\t\t\t\tJune 1, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Key\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tKey Ferrum Capital player: \u2018You\u2019re asking me \u2013 where\u2019s the rest of the money? I really want to know that. I don\u2019t know.\u2019<\/a><\/p>\n

\n\t\t\t\t\t\t\tMay 13, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Ferrum\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFerrum victims may have one place to file claims if judge approves at May 19 court hearing<\/a><\/p>\n

\n\t\t\t\t\t\t\tApril 28, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Ferrum\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFerrum victims may have places to look for recovery assets, says receiver who handled Amarillo Walk-On\u2019s settlement<\/a><\/p>\n

\n\t\t\t\t\t\t\tApril 15, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"People\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tPeople who made money at start of Ferrum\u2019s \u2018Ponzi scheme\u2019 targeted to pay back half or defend themselves in court<\/a><\/p>\n

\n\t\t\t\t\t\t\tMarch 23, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Ferrum\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFerrum affiliate Willy pleads guilty to ten federal charges in San Antonio \u2013 Joshua Allen, Michael Cox still awaiting trial<\/a><\/p>\n

\n\t\t\t\t\t\t\tMarch 19, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Feds\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFeds update charges against Willy in Lubbock-based Ferrum Capital case, could take her assets<\/a><\/p>\n

\n\t\t\t\t\t\t\tMarch 4, 2026\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Josh\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tJosh Allen may lose companies as one impact from receivers working on Walk-On\u2019s, Ferrum cases<\/a><\/p>\n

\n\t\t\t\t\t\t\tNovember 25, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"$1.2\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\t$1.2 million dollar victory for Ferrum victims \u2013 only a fraction of what they lost according to FBI statement<\/a><\/p>\n

\n\t\t\t\t\t\t\tNovember 21, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"FBI\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFBI asks Ferrum victims to come forward, while receiver aggressively seeks immediate payments to victims<\/a><\/p>\n

\n\t\t\t\t\t\t\tNovember 7, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Where\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tWhere did money in Ferrum Capital go? Answers found in forensic accounting report obtained by Lubbock Lights.com<\/a><\/p>\n

\n\t\t\t\t\t\t\tOctober 8, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Ferrum\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFerrum criminal trial \u2013 Allen, Cox and Willy \u2013 pushed back until next year<\/a><\/p>\n

\n\t\t\t\t\t\t\tSeptember 5, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Ferrum\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tFerrum detour to Delaware ends; what that means for victims in Lubbock, San Antonio<\/a><\/p>\n

\n\t\t\t\t\t\t\tJuly 29, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Criminal\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tCriminal trial date set for Ferrum\u2019s Allen, Cox; their San Antonio affiliate\u2019s court process pushed back<\/a><\/p>\n

\n\t\t\t\t\t\t\tJuly 24, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Battle\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tBattle to recover millions for victims in Lubbock, San Antonio is also a tug of war between Delaware, Texas<\/a><\/p>\n

\n\t\t\t\t\t\t\tJuly 16, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"\u2018Finally\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\t\u2018Finally \u2026 in shackles\u2019 \u2013 Ferrum victims \u2018ecstatic\u2019 about criminal charges against Allen and Cox<\/a><\/p>\n

\n\t\t\t\t\t\t\tJuly 10, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Update:\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tUpdate: Cox, Allen, co-owners of Lubbock\u2019s Ferrum Capital, charged in federal court, could face 70 years in prison<\/a><\/p>\n

\n\t\t\t\t\t\t\tJuly 9, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"New\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tNew details from Collins bankruptcy show they owed Lubbock-based Ferrum Capital \u2018undetermined\u2019 amount of money<\/a><\/p>\n

\n\t\t\t\t\t\t\tJune 19, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Attorneys\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tAttorneys trying to recover money in Ferrum cases concerned about legal processes moving to Delaware<\/a><\/p>\n

\n\t\t\t\t\t\t\tJune 13, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Two\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tTwo companies tied to Ferrum and securities fraud FBI investigation go bankrupt<\/a><\/p>\n

\n\t\t\t\t\t\t\tJune 9, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"More\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tMore people who lost money in Ferrum Capital case ask bankruptcy judge to keep Lubbock businessman Mike Cox accountable<\/a><\/p>\n

\n\t\t\t\t\t\t\tMay 20, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"As\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tAs Cox bankruptcy wraps up, focus shifts to use of Fifth Amendment, possibility of criminal charges in Ferrum \u2018Ponzi scheme\u2019<\/a><\/p>\n

\n\t\t\t\t\t\t\tMay 2, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Cox\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tCox deal to keep his house approved but some of his bankruptcy protections lost<\/a><\/p>\n

\n\t\t\t\t\t\t\tApril 30, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"\u2018I\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\t\u2018I was shocked and ecstatic\u2026\u2019 family reacts after bankruptcy ruling preserves millions in debt related to Lubbock-based Ferrum Capital<\/a><\/p>\n

\n\t\t\t\t\t\t\tApril 29, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"Judge\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tJudge rejects Lubbock man\u2019s efforts to use bankruptcy to avoid millions of debt in Ferrum Capital case<\/a><\/p>\n

\n\t\t\t\t\t\t\tApril 25, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"New\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\tNew bankruptcy judge appointed in Lubbock \u2013 to oversee cases across much of West Texas<\/a><\/p>\n

\n\t\t\t\t\t\t\tApril 15, 2025\t\t\t\t\t\t<\/p>\n

\t\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"\u2018They\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/a><\/p>\n

\t\t\t\t\t\t\u2018They robbed people blind,\u2019 says upset Lubbock attorney representing dozens in Ferrum Capital case<\/a><\/p>\n

\n\t\t\t\t\t\t\tMarch 28, 2025\t\t\t\t\t\t<\/p>\n

Blackwell pointed out Allen had a chance recently to request an exception for attorney fees but did not show up in court \u2013 either in person or via video.<\/p>\n

\u201cFortunately, there is a solution,\u201d Blackwell wrote, adding he made arrangements with the court-appointed receiver in the lawsuit.<\/p>\n

\u201c\u2026 The receiver will agree to a modification of the restraining order to allow for those funds to be used for valid legal fees \u2013 problem solved,\u201d Blackwell wrote.<\/p>\n

The receiver\u2019s attorney, Royal Lea, wrote Blackwell an email, agreeing the business interests could be used to pay Allen\u2019s defense attorney.<\/p>\n

Lea wrote in his email, \u201cThe receiver represents the creditors of Ferrum Capital and Ferrum IV, many of whom are the defrauded investors. For many of them, they lost their retirement savings. From the receiver\u2019s perspective, it\u2019s important that the trial in the criminal case should proceed as scheduled.\u201d<\/p>\n

Blackwell\u2019s filing further said, \u201cThe receiver has agreed to release funds to the defendant for his defense and there was no other basis cited for a continuance.\u201d<\/p>\n

Blackwell and Box also sparred over Allen\u2019s house in Lubbock, which is worth $1.3 million on the local tax roll. The house is exempt from seizure in the San Antonio lawsuit according to state law.<\/p>\n

Box pointed out Allen would have a hard time taking out a home loan or even selling the house between now and August 10. And it takes time to modify an injunction, he said.<\/p>\n

Box claimed in his most recent filing, \u201cRegardless of which path is pursued, [Allen] cannot pay his legal fees today. The Government does not contend otherwise.\u201d<\/p>\n

The judge has not ruled on Allen\u2019s request for a later trial date.<\/p>\n


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