Not sure what you mean. That's what the news said. If the judge agrees then there probably is something Jon should do before going to jail. Please check:

https://financefeeds.com/ny-court-cancels-planned-sentencing-of-bitfunder-operator/
and
https://financefeeds.com/bitfunder-operator-jon-montroll-sentencing-adjourned/

Montroll did not disclose what happened to users of BitFunder and WeExchange, or investors in Ukyo.Loan. Instead, he continued to promote and sell Ukyo.Loan to customers and, on at least one occasion, falsely represented to customers that BitFunder was commercially successful. As a result of his omissions and misrepresentations, the defendant raised approximately 978 bitcoins through Ukyo.Loan after his discovery of the Hackers’ actions.