In a letter to the southern district of New York (SDNY) presented today, the public ministries in the case of the Samourai portfolio declared that they had not held the drop -down tests and presented a petition to the judge for the case of denying the request for the defense of an audition to discuss the late disclosure of the key information that the ministries had obtained from Finccen almost two years ago.
At the beginning of the week, the defense declared in a letter of having learned that Fincen had “strongly suggested” that the Samourai portfolio does not act as a business transmission deal due to the non -burden nature of the product in a discussion between some members of Fincen (more on these members two sections falling) and the prosecutors on August 23, 2023.
This information came to light thanks AA Brady motion that the defense had presented. (This type of movement takes its name from Brady v. Maryland Case of the Supreme Court, which took place in 1963. The case established the Brady Rule, which establishes that the descent tests are provided to defense so that it can be used as part of the right trial.)
Since one of the two accusations that Samourai’s developers are facing is the conspiracy to manage a transmission of money without a license, some have believed that these new information that comes to light could be reasons to reject the case.
No dismissal, no hearing
However, today’s letter of public prosecutors claim to have no intention of abandoning the case, nor do they believe that the hearing required by the defense is justified.
“There is no basis for an audition, nor is there nothing to remedy: the dissemination itself shows that the government has not violated Brady“, The ministries said in the letter.” The government revealed all the substantial communications known between the judicial group and the months of Finccen before the preliminary motions and the trial “.
Public ministries added that they plan to proceed with the case, highlighting the second accusation: conspiracy to commit recycling money.
“As alleged, Samourai has recycled over $ 100 million of crime proceeds from, among other criminal sources: illegal markets of Darkweb, such as Silk Road and Hydra Market; various wired fraud and computer fraud that have deprived the victims of maintenance, including the manganello activities, including the attachment activities, the activities of maintenance, Manganello activities, and the attachment activities “, including the victims of maintenance, including the mandate, the Manganello activities” wrote.
Minimize the input from Fincen
In addition, public ministries said that the fact that only recently have revealed their communications with Fincen is irrelevant by the case, since much of the charged conduct is not based on the Fincen regulations.
They also minimized the importance of what was shared by the employees of Fincen who spoke with the ministries public: Kevin O’Conner (head of the virtual activity section of Fincen and emerging technology in the execution and conformity division) and Lorena Valente (an employee of the political division of Fincen when he spoke with the accusation).
The public ministries referred to the opinions of O’Conner and Valente as “individual, informal and warned”, adding that it has already provided “substantial correspondence and -mail between the accusation team and the members of Fincen relating to the call of 23 August 2023”.
They continued to say that “the individual employees of Fincen were not talking on behalf of Fincen, they were not providing Fincen’s opinion and” they had no idea of what Fincen would have decided if this question had been presented to their political committee of Fincen “.”
NO Brady Violation
In the final section of the letter, the public ministries said they had not violated the legal rules in not offering certain details of their call from 23 August 2023 with Fincen until this point of the preliminary process.
“The record shows that they were not there Brady Violation in this case, “wrote the public ministries.
“The government revealed the content of this informal conversation to the defense before the preliminary motions and about seven months before the trial in response to a request for such information,” they added. “Nothing more is needed anymore.”
Finally, according to a sentence of the second circuit, which the public ministries also mentioned in the letter, provided that the defense possesses Brady Tests in time for its effective use, the government has not deprived the defense of the right trial.
What comes later?
It is not clear when judge Berman will respond to today’s letter from the accusation.
The defense opening motion was initially scheduled for today, but it was rejected two weeks. A week after the opening motion, the accusation will respond to the defense opening motion.
From the last preliminary hearing, the accusation should provide its disclosure of experts on July 15, 2025 and the defense should provide its own by 8 August 2025.
The process should begin on November 3, 2025.
If you want to donate to the defense fund for the developers of Samourai, you can do it through the P2P rights fund.