Source: Cointelegraph
Original: “SEC Hacker Rebuts Prosecutor, Proposes 366-Day Sentencing Recommendation”
Defense attorneys have requested that the judge sentence the individual responsible for assisting in the dissemination of false information regarding the regulatory approval of a Bitcoin exchange-traded fund (ETF) to approximately one year in prison, countering the prosecutor's request for a two-year sentence.
In documents submitted to the U.S. District Court for the District of Columbia on May 13, the legal team for Eric Council Jr. requested a sentence of no more than one year and one day following the defendant's guilty plea.
Council is one of the gang members who, through a SIM card swapping attack, gained control of the U.S. Securities and Exchange Commission (SEC) X account, where they posted a message suggesting that the regulatory agency had approved the listing of a spot Bitcoin (BTC) exchange-traded fund for the first time.
“A sentence of twelve months and one day meets the demands of justice,” the May 13 document stated. “It is sufficient to punish the defendant's role in this case while also promoting respect for the law and deterring future criminal behavior.”
Council initially pleaded not guilty to the charges but changed his plea in February, admitting to a charge of conspiracy to commit aggravated identity theft and device fraud. The presiding judge in the case, Amy Berman Jackson, also ordered the prosecutors to “specify the felony and indicate where that information can be found in the record” by May 13.
The SEC hacker is scheduled to be sentenced on May 16. Prosecutors have requested that the judge impose a two-year sentence on Council, stating that he “profited through a complex fraudulent scheme.” Court documents show that he earned approximately $50,000 through similar SIM card swapping attacks.
While Council's case may be nearing its conclusion with the upcoming sentencing hearing, the District of Columbia court may soon see new leadership, which could impact the prosecution of cryptocurrency-related cases. On May 8, President Trump announced that Fox News host Jeanine Pirro would serve as the acting U.S. Attorney for the District of Columbia.
Related: Arizona Governor Vetoes Two Cryptocurrency Bills and Strengthens Regulation of Bitcoin (BTC) ATMs
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