Twister Money founder Roman Storm’s authorized staff is accusing the federal government of withholding data from the court docket.
Storm was arrested in 2023 and slapped with prices associated to allegedly laundering $1 billion in legal proceeds, together with tons of of tens of millions of {dollars} for the Lazarus Group, the sanctioned North Korean cybercriminal outfit.
The Twister Money founder was additionally charged with working an unregistered money-transmitting enterprise, although that a part of the indictment was dropped earlier this month in accordance with an April Division of Justice (DOJ) memo that inspired an finish to digital asset “regulation by prosecution.” The prosecutors are nonetheless pursuing the opposite prices.
Now, Storm’s legal professionals claim authorities prosecutors have held onto exculpatory supplies since 2023 concerning their claims that noncustodial crypto mixers can act as cash transmitters.
“A latest submitting in an analogous prosecution involving Samourai Pockets, a noncustodial cryptocurrency mixer, revealed that, on August 23, 2023, S.D.N.Y. prosecutors had a beforehand undisclosed name with senior officers from the Monetary Crimes Enforcement Community (FinCEN)…
Throughout that decision, FinCEN officers acknowledged that as a result of Samourai ‘didn’t take ‘custody’ of the cryptocurrency by possessing the personal keys to any addresses the place the cryptocurrency is saved, that will strongly recommend that Samourai is NOT (emphasis in authentic) performing as an MSB [money services business/money transmitting business].’”
Despite the fact that the federal government has dropped the unregistered money-transmitter portion of the indictment, Storm’s legal professionals nonetheless declare that the failure to reveal these paperwork constitutes a “Brady violation” and has “materially prejudiced” the Twister Money founder’s protection.
Brady violations contain prosecutors failing to reveal pertinent proof that will assist a defendant’s case. They may end up in conviction reversals, mistrials, cost dismissals and/or prosecutorial misconduct prices.
Storm’s trial is scheduled for July 14th.
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