Attorneys representing Samourai Wallet have alleged that the prosecution suppressed vital evidence, prompting a call for a hearing to assess whether the case against the company's co-founders should be dismissed due to an alleged Brady violation. In a recent court filing, the lawyers revealed that the Financial Crimes Enforcement Network told prosecutors in August 2023 that Samourai Wallet did not meet the criteria for a money transmitting business under their guidelines, and thus did not require a license to operate. Despite this, prosecutors proceeded with charging the co-founders with conspiracy to commit money laundering and operating an unlicensed money transmitting business. The prosecution did not disclose their communication with FinCEN until April 1, 2025, in response to a specific request from the defense.
This omission has been termed 'shocking' by Samourai Wallet's lawyers, who argue that the government's failure to provide exculpatory evidence in a timely manner constitutes a Brady violation. The defense contends that this failure has already prejudiced their case, potentially influencing bail determinations and the court's decision on a motion to dismiss. The case is set to continue, with the court ordering prosecutors to respond to the defense's claims by Friday and scheduling the next hearing for July 22, 2025.