Attorneys for the Samorai-Tevebogen have accused the prosecution of suppressing critical evidence in its case against the blend service’s co-founders and calls for a hearing to decide whether the case should now be thrown out in the light of the alleged Brady overgrowth.
In a Monday Court Filing, Lawyers for Samorai Wallet Customs Judge Richard Berman of the Southern District of New York (Sdny) That In August 2023 – Six Months Before Prosecutors Charged Keonne Rodriguez and William Lonergan Hill with One Count Each of Conspiracy To Commit Laundering and Conspiracy to Operate An Unlicensed Money Transmitting Business -The Financial Crimes Enforcement Network (FINCEN) Customs Prosecutors That, Under their guidelines, the Samorai -Tevebogen did not qualify as a money that transmitted business and did not need a license to operate.
Anyway, prosecutors went ahead and accused Rodriguez and Hill anyway, and told the Court nor Samorai -Tevebogen’s attorneys about their communication with the fincen until April 1, 2025, when they responded to the defense’s specific Brady request of “Any information that suggested that the Samorai -Tevebog did not require a cash insert license or that they did not believe it required such a license, Below, but not limited to communication with TEASKE Lawyers wrote.
“The fact that the Finc took the same attitude towards the Samorai design book and conveyed it to the same prosecutors, and that the prosecutors nevertheless accused the defendants of committing a crime is shocking,” Samorai Wallet’s lawyers wrote in their archiving.
According to Landmark Supreme Court case Brady against Maryland in 1963, the Court found that the government must extradite any exculpatory or material evidence – essentially all that suggests that the defendant is not actually guilty – to the defense in a timely way. Brady violations are considered a violation of the accomplished process of the accused and is often reason why a case should be thrown out. In particular, a judge threw the involuntary murder of murder against American actor ALEC Baldwin last year after it was revealed midway through his trial that prosecutors had not transferred Exculpatory evidence.
Samorai-Tevebogs Attorneys told the court that the government’s failure to disclose its consultation before indications with the Finc has already condemned Rodriguez and Hill’s case.
“For example, to reject immediately after their arrangements, the archiving said.
Last month, attorneys for the Samorai-Tevebog asked the court to throw the case out under the so-called “Blanche Memo” -A recently Memo from US Deputy Government Attorney Todd Blanche to the Department of Justice (DOJ) staff who ordered them to stop the prosecution of offenses involving crypto and no longer to pursue Exchanges or blends to stop their endings.
Prosecutors met with the defense to consider the request on April 10 and still has not reached a conclusion almost a month later. If DOJ refuses to pick up charges, attorneys for the Samorai-Tevebogen said in their letter to the court that they would submit a proposal to reject the case on several reasons, including that the defendants were not money transfers, and that “thus” could not be prosecuted for not having a license and not implementing control of money. “
However, due to the evidence that was allegedly detained, Samorai -Tevebogs attorneys claimed that “although the Ministry of Justice’s interpretation of the law – and not the most important regulator – was correct, the defendants would still have the right to dismiss the lack of fair warning. Instead, they spent a year on their lives under charges and enormous parts of their life savings that defended against these fundamental rights.
The next hearing in the case is scheduled for July 22, 2025 at. 13:00 one.
The finch did not respond to Coindesk’s request for comment.