The U.S. Treasury Division’s Monetary Crime Enforcement Community (“FinCEN”) is now dealing with severe questions after a brand new court docket submitting reveals it charged the builders of Samourai Pockets with working an unlicensed cash transmitter—regardless of being instructed by the related regulator that no license was required.
On Could 5, 2025, legal professionals for Samourai Pockets founders Keonne Rodriguez and William Hill filed a letter to Choose Richard Berman within the Southern District of New York disclosing that FinCEN explicitly instructed U.S. Division of Justice (DOJ) prosecutors in August 2023 that Samourai Pockets didn’t qualify as a Cash Providers Enterprise resulting from its non-custodial nature. The DOJ moved ahead with the indictment anyway, and suppressed that exculpatory proof for over a yr.
“FinCEN’s steering has usually targeted on custody of cryptocurrency… As a result of Samourai doesn’t take ‘custody’… that may strongly recommend that Samourai is NOT performing as an MSB,” wrote the lead prosecutor in a 2023 inside e mail simply revealed by the protection.
Regardless of this, Rodriguez and Hill had been arrested in April 2024 and accused of laundering over $100 million by means of Samourai Pockets, which allegedly facilitated $2 billion in illegal Bitcoin transactions. DOJ press releases on the time painted the service as a hub for darkish net cash laundering, with U.S. Lawyer Damian Williams stating that the defendants “knowingly facilitated the laundering of over $100 million of felony proceeds.”
However protection attorneys now argue the federal government’s personal communication with FinCEN undercuts the central cost of working with out a license. “The related regulator instructed the prosecutors that Samourai Pockets was not a cash transmitter… and the prosecutors went forward and indicted them anyway,” mentioned the Could 5 submitting.
The timing of this disclosure is very inconvenient, because it comes after the DOJ issued new inside steering—often known as “Ending Regulation by Prosecution” (the “Blanche Memo”)—explicitly barring prosecutors from charging non-custodial software program instruments with unlicensed cash transmission. “It’s exhausting to think about a clearer instance of regulation by prosecution,” the protection added. 
Zack Shapiro of the Bitcoin Coverage Institute summed it up in a viral tweet: “Simply revealed: FinCEN explicitly instructed prosecutors Samourai Pockets wasn’t a cash transmitter resulting from its non-custodial design; DOJ prosecuted builders anyway, suppressing exculpatory proof for a yr.”
The builders’ trial is about to start on November 3, 2025. Within the meantime, their attorneys are requesting a listening to to contemplate the federal government’s Brady violation and the potential for dismissal.
To learn extra concerning the court docket submitting, see the total PDF under.