“AT MOST, The LATE DisCLOSURE IMPACTS ONE OF THE TWO Charges Against Samourai Wallet’s Co-Funders, ProseCutors Said in Their Friday Letter to the Judge.”, – WRITE: www.coindesk.com
In a letter to the court FILED FRIDAY, PROSECUTORS URGED JUDGE Richard Berman of the Southern District of New York DisClosure of A Conversation Between ProseCutors and the Financial Services Enforcement Network (Fincen). In that conversation, which took Place Six months before charges were filed, Fincente official told ProseCutors that samourai Wallet Didn’t meet their definition of a meney. License to Operate.
Despite Fincen’s Guidance, ProseCutors Went Ahead with Their Case, Charging Both Rodriguez and Hill With One Count Each of ConsPiracy to Commit Transmitting Business. Through Samourai Wallet, ProseCutors have alleged that the Two Men “Intenationally and Successful Laundated Over $ 100 Million in Crime Proceeds of All Tyers. Market Participants “Including Hackers and Fraudster.
By not Telling The Defense About Their Communication With Fincen Until Last Month, Lawyers for Rodriguez and Hill Say The Government Violated Due Process-A So-Called Brady Viola. Brady v. Maryland in 1963, in whochh the court Held that the governmentation Charged with) to the Defense in a Timely Manner.
However, ProseCutors have denied that’ve committed any Brady Violations in the Samourai Wallet Case. In their Letter to the Judge, they laid out a host of reasons that Timing of their DiscaloSure of the Fincen Conversation Was Fair Play. FIRST, they argued that their Conversation with the Fincen Employees Repreressed Their “Individual, Informal and Caveated Opinions” on Whather Samouroi Wallet Wound Have Been Req. Transmitting Business, Racher Than A Formal Finding by the Regulator Itelf.
“Courts have repeatedly held that Tese types of Legal Opinions – or Opinions of Any Kind – Are Not Brady Material; Facts Are Brady Material,“ ProseCutors Wrote.
ProseCutors also said that, Even if the Material Were Relevant to the Defense’s Case, They Had Turned It Over To The Dust Seven MONTHS AHEAD OF TRIAL, Writing: “Thereere s NOEED. Defendants have received Discovery Materials Sufficient in Advance of Trial To Effectvely Use The Information. ”
In their Own Letter to the Court Earlier this Week, Lawyers for Samourai Wallet Said Thatir Clients Had Been Unfairly Prejudiced by the Government’s Lack of Disclosure, Arsuuing Thot ITR Judge’s Bail Decision or The Court’s Ruling on An Early Motion to Dismiss The Case Entirely.
PROSECUTORS PUSHED BACK AGAINST THIS ARGUMENT, SAYING THAT The BULK OF THE CASE AGAINST SAMOURAI WALLET WAST WAS NOT TIEDED TO THE MONEY Transmitting Charge and Was Insthead Tieda. The More Serious of the Two Charges Against Them, Carrying A Hefty 20 Year Maximum Prison Sennce.
The Back-Aven-Forte Over the Potential Brady Violations After The Defense Asked ProseCutors to Drop Thera Case Under the Auspices Ordering US Department of Justice (Doj) Staff to Narrow Their Crypto Enforcement Prioritis. Under the Blanche Memo, ProseCutors Were Ordered to Stop Pursuing Litigation Against Crypto Exchanges or Mixing Service for the Actions of Their End USers.
Following The Request, ProseCutors Met with The Defense to Consider the Request on April 10. Nearly a month laster Characterized As Unusual in Conversations with Coindesk.
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