The defense attorneys in the Samourai case and the Tornado Cash case accuse the prosecution of concealing exculpatory evidence.

According to a report by The Block on May 18, the defense attorneys in the Samourai Wallet and Tornado Cash cryptocurrency cases have made serious allegations, claiming that the prosecution failed to properly disclose a crucial phone call record that may contain key evidence favorable to the defendants.

The telephone call in question took place on August 23, 2023. Senior officials from the U.S. Department of the Treasury's Financial Crimes Enforcement Network ( FinCEN ), including the virtual asset enforcement head Kevin O'Connor (, informed government prosecutors that due to the non-custodial nature of Samourai — that is, not directly controlling users' encryption — "strongly indicates that Samourai does not fall under MSB ) money services business (."

This classification is crucial for both cases, as the defendants face charges of "conspiring to operate an unlicensed money transmission business." Despite this call, the prosecution still brought related charges against the Tornado Cash case and the Samourai case six months later.

Samourai's lawyer stated that the situation is "shocking" and requested a hearing regarding the possible violation of the Brady rule ), requiring the prosecution to provide all potential exculpatory evidence to the defense. The prosecution countered that they had "disclosed all substantial communications months in advance" and stated that FinCEN employees only expressed "informal personal opinions."

Samourai co-founder Rodriguez and Hill, along with Tornado Cash co-founder Storm, are facing multiple charges of money laundering and violation of sanctions related to the development of mixing protocols.