Samourai Wallet's lawyers allege that federal prosecutors concealed guidance from FinCEN, stating that the firm's operations did not require a license as a money services business. In a court filing, they argued that six months before the charges were filed against co-founders Keonne Rodriguez and William Hill, prosecutors received a confirmation from the Treasury Department's Financial Crimes Enforcement Network indicating that Samourai Wallet did not take custody of cryptocurrency, suggesting it wasn’t acting as a money services business. They assert that this information was withheld for over a year, despite requirements to disclose it shortly after the charges were unsealed. The prosecution claims Samourai facilitated over $2 billion in illegal transactions and money laundering, leading to the criminal charges in February 2024. Both co-founders have pleaded not guilty, and their legal team plans to seek a dismissal of charges based on the newly revealed guidance that they acted lawfully. An earlier memo from the Justice Department indicated a shift in prosecution policy against crypto mixers amid regulatory changes.

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