2 weeks ago
The national justice overseeing Roman Storm's prosecution declined to bid the Department of Justice to review its records for immoderate materials it mightiness person missed that would assistance the Tornado Cash developer astatine the extremity of a 30-minute proceeding Friday morning, though she told the authorities it should not person immoderate disclosure issues.
Judge Katherine Polk Failla besides ruled that determination were nary Brady usurpation concerns with the Department of Justice's conversations with the Financial Crimes Enforcement Network (FinCEN) astir whether mixers needed to registry arsenic wealth transmitters — the speech that prosecutors pursuing Samourai Wallet developers had with FinCEN officials, but not the prosecutors connected Storm's lawsuit — 1 of the DOJ representatives said successful the telephone league connected Friday.
If the justice had recovered that prosecutors had withheld information, it could impact the lawsuit moving forward.
"I'm not going to necessitate a further reappraisal based connected the representations made that there's nary further worldly of this type, and based connected my views that I don't judge the worldly was exculpatory," she said.
"There's a quality betwixt 'this is thing I'd similar to know' and 'this is simply a Brady violation,'" the justice said, referring to a Supreme Court precedent that requires prosecutors to stock immoderate and each accusation that mightiness assistance a suspect with the defendant's team.
Storm's defence attorneys argued during the proceeding that they needed to cognize erstwhile the prosecutors successful their lawsuit learned astir the FinCEN conversation.
"They bash program to accidental they're charging a conspiracy to run an unlicensed wealth transmitter," said defence lawyer Brian Klein. "My question is who are they expected to beryllium licensed with? … this is each successful the aforesaid issue. They've lone dropped 1 subpart … but they're inactive going to accidental they're charging an unlicensed wealth business."
Thane Rehn, a authoritative who worked connected the DOJ lawsuit against Sam Bankman-Fried, said that his squad wouldn't reason that Tornado Cash needed to unafraid a license.
"The connection 'license' doesn't use present and the assemblage won't beryllium instructed connected licensing issues … what we mean to beryllium astatine proceedings is the suspect knew they were transmitting funds derived from criminals," helium said.
The justice did astatine aggregate points inquire the prosecutors if they planned to alteration immoderate different theories oregon charges successful the weeks starring up to the trial, saying doing truthful mightiness beryllium unfair to the defense. The proceedings is expected to footwear disconnected successful little than 2 months.
Read more: DOJ Will Still Pursue Roman Storm Case Despite Blanche Memo, Prosecutors Say
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