Concerns Over Prosecution’s Transparency
In a developing case involving Tornado Cash and Samourai Wallet, defense attorneys have raised serious concerns regarding the prosecution’s transparency. It has come to light that a crucial phone conversation with a senior official from the Financial Crimes Enforcement Network (FinCEN) may not have been properly disclosed by the prosecution, potentially withholding significant evidence pertinent to the case.
Details of the FinCEN Communication
Records from August 23, 2023, indicate that during this call, the FinCEN representative expressed that the agency’s stance is that the non-custodial protocols operated by both services do not necessarily qualify as a Money Service Business (MSB). This opinion could play a pivotal role in determining the legitimacy of the charges regarding unlicensed money transmission operations faced by the defendants.
Defendants and Allegations
The individuals facing these allegations include Tornado Cash’s co-founder Roman Storm, Samourai Wallet’s co-founder Keonne Rodriguez, and William Lonergan Hill, all of whom are implicated in money laundering and sanctions violations.
Defense’s Position
The defense contends that the communications with FinCEN should be considered exculpatory evidence and highlights that the non-custodial nature of these protocols is a key similarity that should be recognized. In contrast, the prosecution argues that they had disclosed relevant information months earlier. They further state that the perceptions shared by FinCEN officials can only be regarded as informal opinions and emphasize that there are significant operational differences between Tornado Cash and Samourai Wallet.
