The U.S. Treasury Division’s Monetary Crime Enforcement Community (“FinCEN”) is now dealing with critical questions after a brand new courtroom submitting reveals it charged the builders of Samourai Pockets with working an unlicensed cash transmitter—regardless of being advised by the related regulator that no license was required.
On Might 5, 2025, legal professionals for Samourai Pockets founders Keonne Rodriguez and William Hill filed a letter to Choose Richard Berman within the Southern District of New York disclosing that FinCEN explicitly advised U.S. Division of Justice (DOJ) prosecutors in August 2023 that Samourai Pockets didn’t qualify as a Cash Companies Enterprise because of its non-custodial nature. The DOJ moved ahead with the indictment anyway, and suppressed that exculpatory proof for over a yr.
“FinCEN’s steering has typically targeted on custody of cryptocurrency… As a result of Samourai doesn’t take ‘custody’… that may strongly recommend that Samourai is NOT performing as an MSB,” wrote the lead prosecutor in a 2023 inner electronic mail simply revealed by the protection.
Regardless of this, Rodriguez and Hill had been arrested in April 2024 and accused of laundering over $100 million by Samourai Pockets, which allegedly facilitated $2 billion in illegal Bitcoin transactions. DOJ press releases on the time painted the service as a hub for darkish internet cash laundering, with U.S. Lawyer Damian Williams stating that the defendants “knowingly facilitated the laundering of over $100 million of felony proceeds.”
However protection attorneys now argue the federal government’s personal communication with FinCEN undercuts the central cost of working with no license. “The related regulator advised the prosecutors that Samourai Pockets was not a cash transmitter… and the prosecutors went forward and indicted them anyway,” stated the Might 5 submitting.
The timing of this disclosure is very inconvenient, because it comes after the DOJ issued new inner steering—generally known as “Ending Regulation by Prosecution” (the “Blanche Memo”)—explicitly barring prosecutors from charging non-custodial software program instruments with unlicensed cash transmission. “It’s exhausting to think about a clearer instance of regulation by prosecution,” the protection added. 
Zack Shapiro of the Bitcoin Coverage Institute summed it up in a viral tweet: “Simply revealed: FinCEN explicitly advised prosecutors Samourai Pockets wasn’t a cash transmitter because of its non-custodial design; DOJ prosecuted builders anyway, suppressing exculpatory proof for a yr.”
The builders’ trial is about to start on November 3, 2025. Within the meantime, their attorneys are requesting a hearing to contemplate the federal government’s Brady violation and the potential for dismissal.
To learn extra concerning the courtroom submitting, see the total PDF under.