The defense of Samourai Wallet developers, Keonne Rodriguez and William Lonergan Hill, revealed that the Southern District of New York (SDNY) suppressed exculpatory evidence in their criminal case. Communications from FinCEN indicated that Samourai likely did not constitute a money services business (MSB) since it does not take custody of funds. Prosecutors acknowledged the challenges regarding the basis for charges and failed to disclose this evidence timely to the defense, which has prompted a request to the court for remedies that could include dismissal of the charges.
It is hard to imagine a clearer example of 'regulation by prosecution' than what we have here, referring to the recent Blache memo.
The government is required to hand exculpatory evidence over to the defense two weeks after filing its indictment at the latest.
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