In the ongoing Samourai Wallet case, prosecutors have responded to the defense's concerns regarding late disclosure of evidence from FinCEN. The prosecution insisted they did not withhold exculpatory evidence and filed a letter opposing the defense's request for a hearing on the matter. The defense claimed FinCEN suggested that the noncustodial nature of Samourai Wallet meant it was not operating as a money transmitting business. However, prosecutors maintained their view that there is no basis for a hearing and stated that they would continue with charges, including conspiracy to commit money laundering.
The Government disclosed all known substantive communications between the prosecution team and FinCEN months in advance of pretrial motions and trial.
There is no basis for a hearing, nor is there anything to remedy: the disclosure itself shows that the government has not violated Brady.
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