“Before Sdny ProseCutors Filed Charges in the Case, Fincen Told Them that Samourai Wallet Didn’t Meet the Definition of a Money Transmitting Business.”, – WRITE: www.coindesk.com
In a monday Court Filing, Lawyers for Samourai Wallet Told Judge Richard Berman of the Southern District of New York (sdny) that in august 2023 William Lonergan Hill With One Count Each of Conspiracty to Committing Money Launding and Conspratury to Operate an an unlicensed Money Transmitting Business ProseCutors that, Under Their Guidelines, Samourai Wallet Didn’t Qualify as A Money Transmitting Business and Did Not Need A License To Operate.
ProseCutors Went Ahead and Charged Rodriguez and Hill Anyway, and Did Not Tell Either The Court or Samourai Wallet’s Lawyers About their Communication With Finnse SPECIFIC BRADY REQUEST FOR “Any Information Suggesting That Samourai Wallet Did Not Require a Money Transmitter License or That Defendants Did Nota Lic Communications with the Treasury Department or Fincen, “The Defense Attorneys Wrote.
“The fact that Fincen Took The Same Position Regarding Samourai Wallet and Conveyed It to TESE SAME PROSECUTORS Lawyers Wrote in their filing.
Under the Landmark Supreme Court Case Brady v. Maryland in 1963, The Court Held That Government Must Hand Over Any Exculpatoria or Material Evidence – Essentally, Anything Suggesting That Defandnt Is Not, in Fac. Brady Violations are consider A violation of the defense’s due process, and are offen grads for a casse to be thrown. NotBly, A Judge Tossed Out the Involuntary Manslaughter Case Against America Alex Alec Baldwin Last Year After Was Reveed Mid-Way TROUGH HIS TRIALTORS Exculpatory Evidence.
Samourai Wallet’s Lawyers Told the Court That Government’s Failure to Disclose It Pre-Indo-Indictment Consultation with Fincen Has Already Prejudiced Rodriguez and Hill’s Case.
“For Instance, The Fact That Regulator Issuing Licenses for Money Transmitting Businesses Did Not Belide Samourai Wallet Needed One Could Well Well Have Impacted (I) The Magistrate Judge’s Case in Making Bail Determinations that have confined mr. Permit the Defendants to File a Motion to Dismiss ImmediaTely Following their arragnments, “The Filing Said.
Last Month, Lawyers for Samourai Wallet Asked The Court to Toss Out the Case Under the Auspices of the So-Called “Blanche Memo” Justice (doj) Staff, Ordering them to STOP PROseCuting Regulatory Violations Involving Crypto, and to No Longer Pursue Cases Against Crypto Exchanges Or.
ProseCutors met with the defense to consider the request on april 10 and have still not reacted a Conclusion Nearly a MONTH LATER. If the doj declines to drip charges, lawyers for samourai wallet said in their letter to the court that wound file a motion to dismiss at sever Transmitters, and Thus “Could not Possibly Be ProseCuted for Not Having A LICENSE AND NOT IMPLEMENTING ATI-MONEY LAUNDERING CONTROLS.”
However, DUE TO THE EVIDENCE THAT WAS ALLEGEDLY WITHheld, Samourai Wallet’s Lawyers Argued that “Even IF The Justice Department’s Internation would still be entitled to dismissal for Lack of Fair Notice. Charges. ”
The Next Hearing in the Case Is Slatered for July 22, 2025 at 1:00 pm et.
Fincen Did Not Respond to Coindesk’s Request for Comment.
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