US federal prosecutors have rebutted claims they suppressed proof of their case towards the co-founders of the crypto mixing service Samourai Pockets, arguing their disclosure of a dialog with Treasury Division workers was made throughout the required timeframes.
In a Could 9 letter to a Manhattan federal courtroom, prosecutors opposed a request for a listening to, claiming they handed over “all recognized substantive communications” between them and the Treasury’s Monetary Crimes Enforcement Community (FinCEN) relating to Samourai “months upfront of pretrial motions and trial.”
“The defendants can have seven months to utilize the data earlier than trial,” they wrote. “Nothing extra is warranted.”
On Could 5, Samourai co-founders Keonne Rodriguez and William Hill requested the courtroom for a listening to, claiming that prosecutors had been late to reveal that FinCEN representatives instructed them six months earlier than they charged the pair that beneath the company’s steerage, the service “wouldn’t qualify as a ‘Cash Companies Enterprise’ requiring a FinCEN license.”
Nonetheless, prosecutors nonetheless charged the pair in February 2024 with conspiracy to function an unlicensed cash transmitting enterprise and cash laundering conspiracy, unsealing the fees and arresting the pair in April that 12 months. They’ve each pleaded not responsible.
Of their letter, prosecutors argued they “acted in good religion” in disclosing the “contents of this casual dialog” between them and Kevin O’Connor, the chief of FinCEN’s Digital Property and Rising Know-how Part within the Enforcement and Compliance Division, and Coverage Division staffer Lorena Valente.
They claimed O’Connor and Valente’s feedback had been “their particular person, casual, and caveated opinion” on whether or not Samourai would wish to register as a cash transmitter beneath FinCEN rules.
FinCEN “didn’t have a way” of broaching Samourai
The prosecutor’s letter famous that an e mail from one of many prosecutors summarizing the August 2023 name with FinCEN stated that as a result of Samourai doesn’t take custody of the crypto, it “would strongly counsel that Samourai is NOT performing as an MSB [money services business].”
Nonetheless, it famous FinCEN workers “didn’t have a way of what FinCEN would determine if this query had been introduced to their FinCEN coverage committee.”
Samourai’s legal professionals had claimed that the decision confirmed Rodriguez and Hill “weren’t cash transmitters beneath FinCEN’s steerage” and that they “couldn’t probably be prosecuted for not having a license.”
The Samourai co-founders had bid to dismiss the case in April, pointing to Deputy Lawyer Normal Todd Blanche’s memo launched that month saying the Justice Division wouldn’t prosecute crypto mixers for “unwitting violations of rules.”
Of their letter, prosecutors addressed the memo, arguing the courtroom “shouldn’t take into account” it, because the memo states it “is probably not relied upon to create any proper or profit” towards the US or its departments.
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