The federal choose overseeing Roman Storm’s prosecution declined to order the Division of Justice to evaluation its information for any supplies it may need missed that will assist the Twister Money developer on the finish of a 30-minute listening to Friday morning, although she advised the federal government it shouldn’t have any disclosure points.
Decide Katherine Polk Failla additionally dominated that there have been no Brady violation issues with the Division of Justice’s conversations with the Monetary Crimes Enforcement Community (FinCEN) about whether or not mixers wanted to register as cash transmitters — the dialog that prosecutors pursuing Samourai Pockets builders had with FinCEN officers, however not the prosecutors on Storm’s case — one of many DOJ representatives stated within the telephone convention on Friday.
If the choose had discovered that prosecutors had withheld data, it might have an effect on the case transferring ahead.
“I am not going to require an extra evaluation primarily based on the representations made that there is not any extra materials of this sort, and primarily based on my views that I do not imagine the fabric was exculpatory,” she stated.
“There is a distinction between ‘that is one thing I would wish to know’ and ‘it is a Brady violation,'” the choose stated, referring to a Supreme Courtroom precedent that requires prosecutors to share any and all data that may assist a defendant with the defendant’s workforce.
Storm’s protection attorneys argued throughout the listening to that they wanted to know when the prosecutors of their case discovered in regards to the FinCEN dialog.
“They do plan to say they’re charging a conspiracy to function an unlicensed cash transmitter,” stated protection lawyer Brian Klein. “My query is who’re they speculated to be licensed with? … that is all in the identical difficulty. They’ve solely dropped one subpart … however they’re nonetheless going to say they’re charging an unlicensed cash enterprise.”
Thane Rehn, a prosecutor who labored on the DOJ case in opposition to Sam Bankman-Fried, stated that his workforce would not argue that Twister Money wanted to safe a license.
“The phrase ‘license’ does not apply right here and the jury will not be instructed on licensing points … what we intend to show at trial is the defendant knew they have been transmitting funds derived from criminals,” he stated.
The choose did at a number of factors ask the prosecutors in the event that they deliberate to alter another theories or fees within the weeks main as much as the trial, saying doing so is likely to be unfair to the protection. The trial is meant to kick off in lower than two months.
Learn extra: DOJ Will Nonetheless Pursue Roman Storm Case Regardless of Blanche Memo, Prosecutors Say
