Samurai Wallet lawyers accused the continuation of the abolition of critical evidence in his case against the co -founders of the mixture service, calling for an audience to determine if the case should now be thrown in the light of the alleged Brady violation.
In A Monday Court Filing, Lawyers for Samurai Wallet Told Judge Richard Berman of the Southern District of New York (SDNY) That in August 2023 – Six Months Before Prosecutors Loaded Keonne Rodriguez and William Longan Hill with One Cent Each of Conspiracy to Commit Money Conspiracy to Operate An UNLICENSED Money Transmitting Business – The Financial Crimes Enforce Network (Fincen) Told Prosecutors that, according to their directives, Samurai Wallet did not qualify as a money transmission company and did not need a license to function.
Prosecutors Went ahead and Charged Rodriguez and Hill Anyway, and Did Not Tell Either the Court or Samurai Wallet’s Lawyers About Their Communication With Fincen Until April 1, 2025 when responding to the Defense’s specific brady Request for “Any Information Suggesting That Samourai Wallet Money Transmitter License or that defendants Did not Believe that it required such a license, included but not limited to communications with the treasury Department or fincen, “The Defense Lawyers have written.
“The fact that Fincen took the same position concerning Samurai Wallet and transmitted it to these same prosecutors, and that the prosecutors nevertheless charged the defendants of having committed a crime is shocking,” wrote the lawyers of Samurai Wallet in their file.
As part of the Historical Supreme Court case Brady v. Maryland in 1963, the court judged that the government had to submit any evidence to disappointment or important – essentially, everything that suggests that the defendant is not, in fact, guilty – in the timely defense. Brady’s violations are considered to be a violation of the defendant’s regular procedure and are often reasons to reject a case. In particular, a judge threw the manual homicide file against the American actor Alec Baldwin last year after he was revealed halfway from his trial according to which the prosecutors had not replaced evidence.
The lawyers of Samurai Wallet declared in court that non-compliance with the government to disclose its pre-indication consultation with Fincen has already prejudicial to Rodriguez and Hill’s affair.
“For example, the fact that the regulator delivering licenses for funds for transmitting funds did not think that Samurai Wallet needed that we could well have affected (i) the point of view of the magistrate judge on the government’s strength to ensure that the defendants have given Mr. Rodriguez at his home for almost a year and to the reduction of defendants who could be used to reject their request; After their accusation, “said the file.
Last month, the lawyers of Samurai Wallet asked the court to reject the case under the auspices of the so-called “Blanche Memo”-a recent memo of the US sub-procureor Todd Blanche to the staff of the Ministry of Justice (DOJ), ordering them to pursue cases against the exchanges of crypto for which cases of crypt or not to continue the cases of Crypt.
Prosecutors met to examine the request on April 10 and still did not reach a conclusion almost a month later. If the MJ refuses to suppress the accusations, the lawyers of Samurai Wallet declared in their letter to the court that they would file a request for rejection of the case for several reasons, including the defendants were not money issuers, and therefore could not be prosecuted so as not to have a license and not to implement anti-balance controls. “”
However, due to the evidence that would have been selected, the lawyers of Samurai Wallet argued that “even if the interpretation by the Ministry of Justice of the Act – and not of the main regulator – was correct, the accused would still be entitled to dismissal for lack of safeguard.
The next hearing of the case is scheduled for July 22, 2025 at 1:00 p.m. HE.
Fincen did not respond to the request for comments from Coindesk.
