US federal prosecutors have rebutted claims they suppressed evidence in their case against the co-founders of the crypto mixing service Samourai Wallet, arguing their disclosure of a conversation with Treasury Department staff was made within the required timeframes.
In a May 9 letter to a Manhattan federal court, prosecutors opposed a request for a hearing, claiming they handed over “all known substantive communications” between them and the Treasury’s Financial Crimes Enforcement Network (FinCEN) regarding Samourai “months in advance of pretrial motions and trial.”
“The defendants will have seven months to make use of the information before trial,” they wrote. “Nothing more is warranted.”
On May 5, Samourai co-founders Keonne Rodriguez and William Hill asked the court for a hearing, claiming that prosecutors were late to disclose that FinCEN representatives told them six months before they charged the pair that under the agency’s guidance, the service “would not qualify as a ‘Money Services Business’ requiring a FinCEN license.”
However, prosecutors still charged the pair in February 2024 with conspiracy to operate an unlicensed money transmitting business and money laundering conspiracy, unsealing the charges and arresting the pair in April that year. They have both pleaded not guilty.
In their letter, prosecutors argued they “acted in good faith” in disclosing the “contents of this informal conversation” between them and Kevin O’Connor, the chief of FinCEN’s Virtual Assets and Emerging Technology Section in the Enforcement and Compliance Division, and Policy Division staffer Lorena Valente.
A highlighted excerpt of the prosecutors’ letter arguing that they disclosed a discussion with FinCEN on time and the discussion was an “informal conversation.” Source: PACER
They claimed O’Connor and Valente’s comments were “their individual, informal, and caveated opinion” on whether Samourai would need to register as a money transmitter under FinCEN regulations.
FinCEN “did not have a sense” of broaching Samourai
The prosecutor’s letter noted that an email from one of the prosecutors summarizing the August 2023 call with FinCEN said that because Samourai doesn’t take custody of the crypto, it “would strongly suggest that Samourai is NOT acting as an MSB [money services business].”
However, it noted FinCEN staff “did not have a sense of what FinCEN would decide if this question were presented to their FinCEN policy committee.”
An excerpt of an email from prosecutor Andrew Chan said FinCEN “did not have a sense” of what it would decide on Samourai. Source: CourtListener
Samourai’s lawyers had claimed that the call showed Rodriguez and Hill “were not money transmitters under FinCEN’s guidance” and that they “could not possibly be prosecuted for not having a license.”
The Samourai co-founders had bid to dismiss the case in April, pointing to Deputy Attorney General Todd Blanche’s memo released that month saying the Justice Department wouldn’t prosecute crypto mixers for “unwitting violations of regulations.”
In their letter, prosecutors addressed the memo, arguing the court “should not consider” it, as the memo states it “may not be relied upon to create any right or benefit” against the US or its departments.
The Conservatives are pledging to create a new “removals force” to detain and remove 150,000 a year as part of a broad plan to tackle illegal immigration to the UK.
Modelled on the “successful approach” of the US Immigration and Customs Enforcement (ICE) agency, this new force would be given “sweeping new powers”, and over £1bn in funding.
The pledge is part of the Conservative Party’s broad new plans to stop illegal migration to the UK, set to be unveiled by Kemi Badenoch on the first day of their annual conference on Sunday, where reducing immigration and creating “Strong Borders” will be one of the key themes.
Speaking to Sky News’ Sunday Morning with Trevor Phillips ahead of her speech, shadow home secretary Chris Philp insisted this is a “detailed and comprehensive plan to get control of this country’s borders”.
However, Ms Badenoch did not provide specifics when asked on the BBC’s Sunday with Laura Kuenssberg where migrants being removed would go, claiming that question was “irrelevant”.
She said: “I’m tired of all of these irrelevant questions about where should they go. They will go back to where they should do or another country, but they should not be here.”
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Pressed again, she added: “They will go back to where they came from.”
The new “removals force” that she will unveil later will replace the existing Home Office Immigration Enforcement (IE) and will be given broad new powers, including being able to use facial recognition without warning in order to spot illegal immigrants.
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Sam and Anne discuss how comments made by their leader will be received by Conservatives ahead of their conference
It will be given funding of £1.6bn a year, up from the existing £820m a year, to increase the number of removals annually from 34,000 to 150,000 – which would represent “at least 750,000 removals” across a five-year parliament.
The Tories say this increase in funding would come from the closure of asylum hotels and “tackling the wider costs of our out-of-control asylum system”.
Expanding the use of live facial recognition technology is likely to attract criticism from within the Tory Party itself, on the grounds of it being a threat to individual freedom and privacy.
And ICE in the US has been heavily criticised by politicians and the public in recent months, with the agency accused of arresting both legal migrants and US citizens and targeting people based on their race.
The Trump administration has faced heavy criticism and lawsuits for deporting illegal migrants and foreign offenders to El Salvador’s notorious mega-prison, the Terrorism Confinement Center (CECOT), including a man who was wrongly sent there, having been granted permission to remain in the US.
Nigel Farage has said violent UK offenders could be jailed overseas under his plans to cut crime by half. The Reform UK leader named El Salvador as a likely destination, though he said he has not held conversations with officials there and “multiple” partners would be considered.
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Sky’s Mark Stone speaks to an undocumented migrant living in fear of detention and deportation in the US
Tories to withdraw from multiple conventions
In addition to confirming plans to leave the European Convention on Human Rights (ECHR), announced on Saturday, Ms Badenoch will also vow to fully repeal the Human Rights Act, and leave the Council of Europe Convention on Action Against Trafficking in Human Beings.
This, the Tories say, would “end the legal blocks that allow illegal immigrants, and in some cases foreign criminals, to stay in the UK based on flimsy claims”.
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The clamour from the right for the UK to withdraw from the European Convention on Human Rights has been growing – would it make a difference?
A radical overhaul of the asylum system would see refugee status granted only to those threatened by a foreign government, and those fleeing conflict or “less tolerant” laws on religion or sexuality would not be eligible, with the party saying “few people will qualify”.
The plan will also see the immigration tribunal abolished, with all decisions on migration taken by the Home Office with only limited rights of appeal in cases where officials have acted without statutory authority.
Immigration cases will be denied legal aid, with the Tories accusing solicitors of having “defrauded” the UK by “coaching” applicants and arguing there is “no need for lawyers” as people “should simply tell the truth about their circumstances”.
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1:38
Prime minister rules out leaving ECHR
‘Labour is fixing the Tories’ mess’
The plans come as Ms Badenoch faces continued pressure on her right flank from Reform UK, which has already pledged to leave the ECHR and deport up to 600,000 people over five years if it comes to power.
But the party leader said the plans put forward by Nigel Farage’s party are “nothing but announcements that fall apart on arrivals”.
She also said the Labour government offers “failed gimmicks”, adding: “Our Stronger Borders plan is serious and credible and backed by a comprehensive legal analysis. That is the difference the next Conservative government will deliver.”
Image: Kemi Badenoch wants to create a ‘Removals Force’ modelled on the US Immigration and Customs Enforcement (ICE) agency. Pic: Reuters
A Labour Party spokesperson said: “The Conservatives’ message on immigration is: we got everything wrong, we won’t apologise, now trust us.
“It won’t wash – Kemi Badenoch’s party enabled record high net migration as removals plummeted, opened over 400 asylum hotels and wasted £700 million of taxpayers’ money to send just four volunteers to Rwanda.
“This Labour government is fixing the Tories’ mess by smashing the people-smuggling gangs running the vile small boats trade, closing asylum hotels, deporting foreign criminals and signing international returns deals to bring order to Britain’s borders.”
Hear more about the plans from shadow home secretary Chris Philp, live at the Conservative Party Conference in Manchester on Sunday Morning With Trevor Phillips from 8.30am.
Will as many people as last year come to Tory conference? I have a leak that helps explore this – and it reveals the party itself is expecting fewer.
Normally you don’t get any detailed breakdowns of conference data – who is coming and in what category.
But I’ve been shared an early cut of the numbers from this year. What you can see above is a screenshot of the data sent to the party board.
I am told this table is from 11 August and shows the then-current attendance figures which were sent to the Conservative Party board. They revealed numbers due to be coming to Manchester this week, lagging on last year.
You can see that at that stage, there are more than 1,000 fewer members due to come to conference than had been listed in early August 2024.
Image: Supporters at this year’s Tory party conference greet their leader Kemi Badenoch. Pic: PA
Indeed, the party’s target is markedly lower. There are also fewer Young Conservatives, though by a much smaller margin.
However, the number of commercial guests is up on last year, as is donors, known as ‘Treasurer’s Guests’, although the number planning to attend Business Day on Monday is down.
The ‘Margaret Thatcher 100th,’ a commemoration of her life, is a new event to mark the centenary of the former Conservative prime minister’s birth which is on 13 October.
I’m told the current number of members coming to Manchester is 3,500, although that is calculated on a different basis to these – and includes Young Conservatives.
Another source told me the number of members coming to conference – calculated on the above basis – is around 2,800 but it was not possible to verify that.
A Conservative spokesman said: “This out-of-date report does not reflect the strength of Conservative Party conference 2025.
“There are thousands of members – many new to the party – hundreds of businesses, and many other delegates attending to hear Kemi Badenoch‘s bold new vision for the country.
“This conference the Conservatives will demonstrate they are the only party that can be trusted to deliver a stronger economy and stronger borders for the country.”
In response to the leaked data, Reform UK posted on X, “The Conservative Party is finished.”