In a letter to the Southern District of New York (SDNY), which was filed today, the prosecutors in the Samorai executive book stated that they did not detain Exculpatory evidence and requested the judge to refuse the defense’s request for a hearing to discuss the late disclosure of key information obtained from the Finance.
Earlier in the week, the defense declared in a letter that they had learned that the Finc had “strongly proposed” that the Samorai tektbook did not work as a money that transferred business because of the product’s non -adorable nature in a discussion between certain finch members (more on these members two sections down) and the charges on August 23, 2023.
This information came forward thanks to one Brady movement that the defense had presented. (This type of movement is named after Brady v. Maryland Supreme Court case that took place in 1963. The case established Brady Rule that determines that Exculpatory must be presented to the defense so that it can be used as part of the proper process.)
Given that one of the two fees that Samorai developers are facing is conspiracy to run an unlicensed money transmitting business, some thought this new information that emerged could be reason to reject the case.
No dismissal, no hearing
However, today’s letter from the prosecutors says they do not intend to drop the case, nor do they feel that the hearing the defense requests is justified.
“There is no basis for a consultation, nor is there anything to remedy: The reveal itself shows that the government has not violated Brady“Said the prosecutors in the letter.” The government revealed all known material communication between the prosecution team and the fincene months in advance of experimental treatments and trial. “
The prosecutors added that they are planning to continue with the case and highlight the second tax: conspiracy to commit money laundering.
“As allegedly laundered Samorai over $ 100 million dollars crime proceeds derived from, among other criminal sources: illegal dark web markets, such as Silk Road and Hydra Market; various wired scams and computer fraud schemes that deprived victims of victims, including web server penetration, an illegal Pyntic phishing scheme and schedules to deprecate more decentralized Financial Finance; Prosecutors wrote.
Down -down input from the finc
In addition, the prosecutors claimed that the fact that they recently revealed their communication with the finc only is irrelevant to the case, as much of the accused behavior is not dependent on the fincen rules.
They also neglected the importance of what was shared by the Fincen employees who spoke with the prosecutors: Kevin O’Conner (Head of Fincens Virtual Assets and New Technology Section in the Department of Enforcement and Compliance) and Lorena Valente (an employee of the Finc’s policy department as she spoke with the instructions).
The prosecutors referred to O’Conner and Valente’s statements as “individual, informal and warned” and added that they had already provided “substantial E -mail correspondence between the prosecution team and members of the fincal on August 23, 2023 calls.”
They continued to state that “the individual employees of the finch did not speak on behalf of the finc, they did not deliver the finc’s opinion, and they ‘did not have a sense of what the finc would decide whether this question was presented to their fincen -political committee.'”
No Brady Violation
In the last section of the letter, the charges claimed that they had not violated legal norms so as not to offer certain details of their August 23, 2023 calls with the finc until this time in the feasibility study.
“The record shows that there was no one Brady Violation in this case, ”the charges wrote.
“The government revealed the content of this informal conversation to the defense in advance of trial movements and about seven months before the trial in response to a request for this information,” they added. “Nothing more required.”
Eventually, according to another circuit decision that the charges also mentioned in the letter as long as the defense possesses Brady Proof In time for its effective use, the government has not deprived the defense of proper process.
What’s coming then?
It is unclear when Judge Berman will respond to today’s letter from the prosecution.
The defense’s opening movement was originally scheduled for today, but has been pushed back two weeks. One week after the opening movement, the prosecution will respond to the defense’s opening movement.
From the last hearing before the trial, the prosecution is scheduled to provide his expert information on July 15, 2025, and the defense is expected to give theirs by August 8, 2025.
The trial is scheduled to begin on November 3, 2025.
If you would like to donate to Defense Fund for Samorai developers, you can do so via P2P Rights Fund.