SEC hacker counters prosecutors with 366-day sentencing recommendation
Defense lawyers have asked a judge to sentence the person responsible for helping post a fake message announcing regulatory approval of Bitcoin exchange-traded funds to roughly a year in prison, countering prosecutors’ request for a two-year sentence.
In a May 13 filing in the US District Court for the District of Columbia, Eric Council Jr.’s legal team asked that he be sentenced to no more than one year and one day in prison following his guilty plea.
Council was part of a group that took control of the US Securities and Exchange Commission’s (SEC’s) X account in 2024 through a SIM swap attack, posting a message that suggested the regulator had approved spot Bitcoin (BTC) exchange-traded fund listings for the first time.
“A sentence of twelve months and one day serves the ends of justice,” said the May 13 filing. “It sufficiently punishes the defendant for his role in this case. It also promotes respect for the law and deters future criminal conduct.”
Council initially pleaded not guilty to the charges, but changed his plea to guilty in February on one count of conspiracy to commit aggravated identity theft and access device fraud. The judge overseeing the case, Amy Berman Jackson, also ordered prosecutors to “identify the felony and point to where that information can be found in the record” by May 13.
Prison sentence between 1 and 2 years?
The SEC hacker is scheduled to be sentenced on May 16. Prosecutors asked the judge to impose a two-year sentence on Council, saying he “profited through a sophisticated fraud scheme.” Court filings showed he earned roughly $50,000 through similar SIM swap attacks.
Related: ZKsync X hacker posts false SEC probe in apparent effort to crash token
Though Council’s case was likely winding down with his upcoming sentencing hearing, the DC court district could soon be under new leadership, potentially affecting the prosecution of crypto-related cases. On May 8, US President Donald Trump announced that Fox News host Jeanine Pirro would become the interim US attorney for the District of Columbia.
Magazine: SEC’s U-turn on crypto leaves key questions unanswered
Sam Bankman-Fried claimed that handing over FTX to its current CEO was the “single biggest mistake” that prevented him from saving the exchange.
The Conservative Party will leave a key human rights treaty if it wins the election, its leader Kemi Badenoch has said.
Ms Badenoch announced the policy to leave the European Convention on Human Rights (ECHR) ahead of the Conservative Party’s conference next week.
Despite many Tory MPs having expressed displeasure with the treaty, and the court that upholds treaty rights in recent years, it had not been party policy for the UK to exit it.
The move follows a review on the impact of the UK’s ECHR membership conducted by shadow attorney general Baron Wolfson.
Lord Wolfson’s nearly 200-page report said the ECHR had impacted government policy in numerous areas.
The report said this includes limiting government’s ability to address immigration issues, potentially hampering restrictions on climate change policy, and impacting government ability to prioritise British citizens for social housing and public services.
Read more:
Baroness Mone: I have no wish to rejoin Lords as Conservative peer
But leaving the ECHR would “not be a panacea to all the issues that have arisen in recent years”, Lord Wolfson said.
It comes after the Reform Party in August said they would take the UK out of the ECHR if elected.
The Conservatives have increasingly come under threat from Reform and are being trailed in the polls by them.
What is the ECHR?
The ECHR was established in the 1950s, drafted in the aftermath of the Second World War and the Holocaust, to protect people from serious human rights violations, with Sir Winston Churchill as a driving force.
It’s 18 sections guarantee rights such as the right to life, the prohibition of torture, the right to a fair trial, the right to private and family life and the right to freedom of expression.
It has been used to halt the deportation of migrants in 13 out of 29 UK cases since 1980.
Conservative Party leader Kemi Badenoch. Pic: PA
A political issue
Leaving the ECHR would breach the 1998 Good Friday Agreement, the peace settlement deal between the British and Irish governments on how Northern Ireland should be governed.
Labour has in recent days said it was considering how Article 3, the prohibition on torture, and Article 8,
the right to respect for private and family life, are interpreted. The sections have been used to halt deportation attempts.
The Liberal Democrats and Greens are in favour of the ECHR.
A general election is not expected until 2029.
Coinbase said seeking the license is part of its broader effort to bridge the gap between crypto and traditional finance.
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