Prosecutors in the Samori Wallet case denied the allegations that they suppressed important evidence in their criminal case against two co-founders of Crypto Mixing Service, Keonon Rodrigue and William Loison Hill.
In a letter to the court filed on Friday, the prosecutors urged Richard Burman, a Judge of New York (SDNY) in the southern district, to hear the dialogue between the government prosecutors and the Financial Services Enforcement Network (Finnken) for hearing the recent proposal of Rodrigue and Hill. In the conversation, which took place six months before the allegations were filed, Finsen’s officials told the prosecutors that Samorai Wallet did not fulfill its definition of money transmitting business and did not require a license to operate in this way.
Despite the guidance of Finsen, the prosecutor proceeded with his case, both roppezen and charging a conspiracy to create a conspiracy to create money laundering and conspiracy to operate each conspiracy to plot each conspiracy. Through the Samorai wallet, prosecutors have alleged that both people started more than $ 100 million in deliberately and successfully in all types of crime income and clearly marketed their services to “Dark/Gray Market Participants”, including hackers and fraudsters.
By not telling defense about his communication with Finnken till last month, the lawyers of Rodriguez and Hill say that the government violated the appropriate process-a so-called Brady violation, named Landmark Supreme Court Case Brady V. It was in 1963 with Maryland, in which the court said that the government should tell about any kind of crime or material. Way.
However, the prosecutors have denied that they have violated any Brady in the Samorai wallet case. In his letter to the judge, he held a host for several reasons that the time for his disclosure of Finsen conversation was a proper game. First, he argued that his conversation with Finken employees represented his “personal, informal and warning opinion” whether Samorai Wallet would need to register as a penny transmitted business rather than a formal discovery by the regulator.
The prosecutors wrote, “The courts repeatedly stated that such a legal opinion – or any kind of opinion – there are no brady material; the facts are Brady materials,” the prosecutors wrote.
The prosecutors also stated that, even though the material was relevant to the defense case, they had replaced it for defense seven months before the test, writing: “There is no need for court intervention when defendants have received adequate search material before the test to use information.”
Earlier this week, in its own letter to the court, the lawyers of the Samorai Wallet said that their customers were wrongly affected by the lack of government disclosure, arguing that it could affect the initial resolution to completely dismiss the decision of the magistrate judge or the court’s decision.
The prosecutors pushed back against the argument, saying that the wholesale money of the case against Samorai Wallet was not tied to the transmitting charge and instead was tied with the alleged money laundering scheme of Rodrigue and Hill – more serious of two allegations against him, a heavy 20 -year maximum jail sentence.
Following the potential Brady violations, after defense, prosecutors asked to leave their case under the aegis of the so-called blanch memo, ordered to narrow their crypto enforcement priorities, ordering the recent memo of Deputy Attorney General Todd Blanch, the employees of the US Justice Department (DOJ). Under the Blancch Memo, prosecutors were ordered to prevent the closure of litigation against the Crypto exchanges or mixing services for the functions of their last users.
After the request, the prosecutors met with defense to consider the request on 10 April. Nearly a month later, the government has still not reached the decision in any way in any way, which some former SDNY prosecutors have described unusual in conversation with coindsk.
