Samorai -Tevebogs Prosecutor says that delayed revealing of the fincen was not a brady overpower

Prosecutors in the Samorai-Wing Book case have denied accusations that the oppressed critical evidence in their criminal case against Crypto Mixing Service’s two co-founders, Keonne Rodriguez and William Lonergan Hill.

In a letter to the court filed on Friday, prosecutors Richard Richard Berman of the southern district of New York (SDNY) called on to deny Rodriguez and Hill’s recent proposal to litigation to litigation the government’s missing disclosure of a conversation between prosecutors and Financial Services Enforcement Network (FINC). In this conversation, which took place six months before the prosecutor was filed, Fincen told officials prosecuting that Samorai Wallet did not meet their definition of a money transmitted business and thus did not need a license to operate.

Despite the Finance’s guidance, prosecutors went on with their case and accused both Rodriguez and Hill with a counting each of the conspiracy to commit laundering and conspiracy of money to run an unlicensed money that transmits business. Through Samorai -Tevebog, prosecutors have claimed that the two men “intentionally and successfully have laundered over $ 100 million in crime proceeds of all types” and explicitly marketed their services to “dark/gray market participants”, including hackers and scammers.

By not telling the defense about their communication with the fincen before last month, lawyers for Rodriguez and Hill say the government violated the proper process-a so-called Brady violation, named after the Land Mark’s Supreme Court Case Brady against Maryland in 1963, when the court stated that the government must survive any expressed or material evidence (basic

However, prosecutors have denied that they have committed some Brady cravings in the Samorai Tektogen. In their letter to the referee, they laid a number of reasons why the time of their detection of the Finc’s conversation was fair play. At first, they argued that their conversation with the Fincen staff represented their “individual, informal and warned opinions” about whether Samourai -Tevebog would have been required to register as a money transmitting business, rather than a formal finding of the regulator himself.

“Courts have repeatedly stated that these types of legal statements – or statements of all kinds – are not brady material; facts are Brady material,” prosecutors wrote.

Prosecutors also said that even if the material was relevant to the defense case, they had transferred it to the defense seven months prior to the trial, writing: “There is no need for legal intervention when the defendants have received the discovery material sufficiently before the trial to effectively use the information.”

In their own letter to court earlier this week, lawyers for Samorai Wallet said their clients were unfairly condemned by the government’s lack of disclosure and argued that it could have affected the magistrate’s bail or the court’s decision on an early movement to reject the case completely.

Prosecutors pushed back against this argument and said the majority of the case against the Samorai tek was not tied to the money that transferred a fee and was instead tied to Rodriguez and Hill’s alleged money laundering – the more serious of the two charges against those who had a hefty 20 years of maximum prison sentence.

Back and forth over the potential Brady overgrazing comes after the defense asked prosecutors to drop their case under the so-called Blanche note, a recent memo from the Deputy Government Attorney Todd Blanche, who ordered the US Department of Justice (DOJ) to narrow down their cryptocority. During the blanche memo, prosecutors were ordered to stop pursuing lawsuits against crypto exchanges or mixing services for the actions of their end user.

Following the request, prosecutors met with the defense to consider the request on April 10. Almost a month later, the government has still not reached a decision in any way that some former SDNY prosecutors have characterized as unusual in conversations with Coindesk.

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