Prosecutorial conduct & legal controversy

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Prosecutors asked FinCEN in August 2023 whether Samourai Wallet’s service qualified as a money services business under federal law, six months before filing charges against Samourai Wallet

The Supreme Court’s decision in Brady v. Maryland requires prosecutors to disclose any exculpatory evidence to the defense, and failure to do so may violate due process and justify dismissal of charges.

FinCEN told prosecutors that Samourai Wallet’s non-custodial model meant it likely did not meet the legal definition of a money transmitter.

Prosecutors proceeded with criminal charges against Rodriguez and Hill despite FinCEN stating that Samourai Wallet likely did not require a license, and they withheld this guidance from the court and defense until compelled to disclose it.

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