In a recent court filing dated May 5, defense attorneys revealed that the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) advised prosecutors in August 2023 that Samourai Wallet likely did not qualify as a licensed money transmitter under its regulations.

Despite this, the Southern District of New York (SDNY) charged Rodriguez and Hill in April 2024 with conspiracy to commit money laundering and operating an unlicensed money transmission business, alleging their privacy-focused bitcoin wallet facilitated $2 billion in illicit transactions over nine years.

The defense argues prosecutors violated Brady disclosure rules by withholding FinCEN’s assessment for over a year, only releasing it on April 1, 2025, after a specific request. A Brady disclosure refers to the prosecution’s constitutional obligation to share exculpatory evidence with the defense, as established by the 1963 Supreme Court case Brady v. Maryland. This includes any material that could undermine the government’s case or support the defendant’s innocence.

Failure to disclose such evidence promptly can result in sanctions, including case dismissal. Internal emails show FinCEN officials emphasized that Samourai’s non-custodial model—where users control private keys—“strongly suggest[s]” it isn’t a money services business (MSB), according to the defense team’s filing.

The case gained new urgency after an April 7, 2025, Justice Department memo from Deputy Attorney General Todd Blanche directed prosecutors to avoid “superimposing regulatory frameworks” on crypto projects while formal rules are pending. The policy specifically bars charges against mixing services like Samourai for licensing violations or user misconduct—the core of this case.

Prosecutors have not responded to the defense’s April 10 dismissal request, filed days after the Blanche memo. Defense attorneys contend the delayed FinCEN disclosure prejudiced their clients, potentially influencing bail decisions that confined Rodriguez to home detention and restricted both defendants’ access to legal funds.

Rodriguez and Hill have long maintained their compliance with FinCEN’s 2014 and 2019 guidance, which exempt non-custodial crypto tools from MSB licensing. Public statements from 2021–2022 show Rodriguez repeatedly cited this guidance as justification for Samourai’s operations.

A hearing to address the Brady disclosure timeline and potential remedies is pending. If dismissed, the case could set a precedent limiting prosecutors’ ability to target crypto developers under existing financial laws.

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