The federal judge who supervises the prosecution of Roman Storm refused to order the Department of Justice to review his records of any material that he could have lost that he would help the developer of cash tornadoes at the end of a 30 -minute hearing on Friday morning, although he told the Government that he should not have dissemination problems.
Judge Katherine Polk Failla also ruled that there was no rape concerns of Brady with the conversations of the Department of Justice with the Financial Crime Control Net Of the prosecutors, says the representatives of Samourai Wallet of the telephone conference on Friday.
If the judge had found that prosecutors had retained information, it could affect the case in the future.
“I will not require an additional review based on the representations made that there is no additional material of this type, and based on my views that I do not believe that the material was exculpatory,” he said.
“There is a difference between ‘This is something that I would like to know’ and ‘This is a rape of Brady’,” said the judge, referring to a precedent of the Supreme Court that requires prosecutors to share all the information that can help a defendant with the defendant’s team.
Storm’s defense lawyers argued during the hearing that they needed to know when prosecutors in their case learned about Finn’s conversation.
“They plan to say that they are charging a conspiracy to operate a money transmitter without a license,” defense lawyer Brian Klein said. “My question is who is supposed to have a license? … All this is in the same problem. They have only dropped a subpart … but they are still going to say that they are charging a money without a license business.”
Thane Rehn, a prosecutor who worked in the case of the Department of Justice against Sam Bankman-Fried, said his team would not argue that Tornado Cash needed to ensure a license.
“The word ‘license’ does not apply here and the jury will not receive instructions on license problems … What we intend to prove in the trial is that the defendant knew they were transmitting funds derived from criminals,” he said.
The judge asked the prosecutors in multiple points if they planned to change other theories or positions in the weeks prior to the trial, saying that doing so could be unfair to the defense. The test is supposed to begin in less than two months.
Read more: the Department of Justice will continue to be the case of the Roman storm despite Blanche’s note, prosecutors say