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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Prosecutors went ahead and charged Rodriguez and Hill anyway, and did not tell either the court or Samourai Wallet’s lawyers about their communication with FinCEN until April 1, 2025.
“FinCEN explicitly informed SDNY prosecutors that Samourai Wallet’s non-custodial design did not require money transmitter licensing, yet the DOJ indicted the developers regardless,”
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