| For BitMEX Trial Set for March 30 No
Coconut Quote From Hayes v Roubini Tangle in
Taipei
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Jan 20 – Four executives of
the Bitcoin Mercantile
Exchange or BitMEX are
criminal defendants for
violations of the Bank Secrecy
Act.
On October 13 U.S. District
Court for the Southern
District of New York
Judge John G. Koeltlt held a
proceeding. Inner City Press
covered it.
The
complaint says the defendants
"deliberately failed to
implement BSA-Compliant AML
and KYC programs at BitMEX."
They have
demanded a bill of
particulars, and the
government has opposed
it. Judge Koeltl on
October 13 gave the defendants
until October 22 to reply to
DOJ's opposition.
On October 20,
after initially being stopped
from entering the SDNY
Magistrates Court (even while
the overflow room 15A was
locked), Inner City Press
managed to enter and witness
the telephone presentment of
defendant Gregory Dwyer, by
phone - from JFK airport, as
it happened.
Dwyer's lawyers
had written in request the
airport phone presentment so
as to avoid a night of
incarceration (to which others
on October 20 were confined,
in non white collar cases).
Magistrate Judge
Robert W. Lehrburger could be
heard speaking into the phone,
but the other side's responses
could not be, even in the
courtroom. But the conditions
of release were announced by
Judge Lehrburger, including
ultimately freedom to travel
to Bermuda.
On January
20, 2022 Judge Koeltl ruled,
among other things, that
Hayes' quote about bribing
officials in the Seychelles
with a coconut will not come
into evidence, as too
inflammatory. From the January
20 rulings, the prosecution
may be in trouble.
For more, in the run-up to the
trial that Inner City Press
will cover along with many
other now unblocked trials,
see Bloomberg by Chris
Dolmetsch, here,
and Law360 by Pete Brush
(paywall/7 day trial), here.
Here's the video from Taipei,
Hayes v. Nouriel Roubini, here
(from Minute 10: Andrew Neil
asks, How much are you paying
to bribe the Seychelles
authorities? Hayes says, "A
coconut.")
Soon after
the January 20 conference, the
defendants submitted for
signature a revised subpoena
to the CFTC, about the March
1, 2016 CFTC letter about ICBIT
and a June 26, 2018 meeting
with Hayes and Sullivan &
Cromwell.
The trial is set
for March 30: "ORDER as to
Arthur Hayes, Benjamin Delo,
Samuel Reed. Trial in this
matter is adjourned to
Wednesday, March 30, 2022, at
9:00am (Jury Trial set for
3/30/2022 at 09:00 AM before
Judge John G. Koeltl.) (Signed
by Judge John G. Koeltl on
12/7/21)."
The case is
overall case is US v. Hayes,
et al., 20-cr-500 (Koeltl)
***
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