The federal choose overseeing Roman Storm’s prosecution declined to order the Division of Justice to overview 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 should have no disclosure points.
Choose Katherine Polk Failla additionally dominated that there have been no Brady violation considerations 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 mentioned within the cellphone convention on Friday.
If the choose had discovered that prosecutors had withheld info, it may have an effect on the case shifting ahead.
“I am not going to require an extra overview based mostly on the representations made that there isn’t any further materials of this kind, and based mostly on my views that I do not consider the fabric was exculpatory,” she mentioned.
“There is a distinction between ‘that is one thing I might prefer to know’ and ‘it is a Brady violation,'” the choose mentioned, referring to a Supreme Courtroom precedent that requires prosecutors to share any and all info that may assist a defendant with the defendant’s staff.
Storm’s protection attorneys argued in the course of the listening to that they wanted to know when the prosecutors of their case realized concerning the FinCEN dialog.
“They do plan to say they’re charging a conspiracy to function an unlicensed cash transmitter,” mentioned protection lawyer Brian Klein. “My query is who’re they imagined to be licensed with? … that is all in the identical situation. 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, mentioned that his staff would not argue that Twister Money wanted to safe a license.
“The phrase ‘license’ would 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 mentioned.
The choose did at a number of factors ask the prosecutors in the event that they deliberate to alter another theories or costs within the weeks main as much as the trial, saying doing so is perhaps 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
