| Day After Virgil Griffith Is Granted
Bail US Attorney Filings Still Sealed As No
Answers or Exhibits
By Matthew
Russell Lee, Exclusive Patreon
BBC
- Decrypt
- Guardian
UK - The
Source
SDNY COURTHOUSE,
Dec 31 – Virgil Griffith who
was arrested
on Thanksgiving on federal
charges of illegally traveling
to North Korea and provide
crypto currency advice and was
denied bail on December 26 was
on appeal on December 30
ordered released on bail.
Inner City Press' live-tweeted
thread here
and Patreon here.
Inner City
Press had complained that the
case's docket was sealed, and
that the US Attorney's Office
has refused to answer its
written questions. On December
30 U.S.
District Court
for the
Southern
District of
New York Judge
Vernon S.
Broderick said
it should have
been unsealed
(as ordered by
Magistratate
Judge Sarah L.
Cave on
December 8),
and that it
would be.
But
at midnight on
December
30-31, still
the US
Attorney's
filings citing
SpankChain and
the Dark Web
were not
online. And
Inner City
Press' written
questions from
1 pm on
the
afternoon of
December 30
were not
answered: "Hi
- I just
covered in US
v. Virgil
Griffith Judge
Broderick
granting bail.
Wanted to make
sure how to
spell the
AUSA's name,
and to see if
you Office has
any comment
(and if it has
any intention
to
appeal).
Sorry to ask
again, but the
exhibits in
the US v.
Scott /
OneCoin trial
are still
needed and
important, as
promotions for
OneCoin
continue,
including
online, I'd be
happy to
provide sample
links."
No
answer at all.
This is
UNacceptable.
We'll have
more on this.
More on
Patreon here.
The bail
appeal hearing began just
after 11 am before Judge
Broderick. Griffith's main
lawyer Brian E. Klein of Baker
Marquart LLP was present at
the defense table. In the
gallery along with Inner City
Press was Virgil Griffith's
father, who said he had been
reading Inner City Press'
tweets.
Despite
the US Attorney's Office,
which sent ever more senior
Assistants into the courtroom
as the proceeding went on,
hammering away about the Dark
Web and crypto currency
wallets in Virgil Griffith's
apartment in Singapore, as
well as his alleged mulling of
buying a St. Kitts passport,
Judge Broderick ordered him
released.
The
conditions include a $1
million bond secured by the
homes of his father and
sister. He will be allowed to
e-mail with his lawyers, and
even to use his passport card
for travel, pending getting an
Alabama state ID.
At the
proceeding's conclusion Inner
City Press asked the Assistant
US Attorney if his Office
could appeal Judge Broderick's
decision and, after a pause as
long as it took for the
elevator doors to close, he
said yes, it could be
appealed.
As Inner
City Press has complained, the
case until now has remained
sealed. That should be ending
- watch this site. Here's from
Inner City Press' exclusive
(live) reporting thread,
and
Patreon here:
OK- here for
Virgil Griffith's appeal of
his Dec 26 bail denial for
alleged crypto violation of
#NorthKorea sanctions, which
Inner City Press also
exclusively covered, see
below. This time Virgil has
two lawyers. Here comes Judge
Broderck. "All rise"
Judge
Broderick says he has the 302s
from interviews in May and
November, but that Griffith's
lawyer Klein says he doesn't
have. Klein begins argument,
notes Griffith's father is
here.
Judge Broderick
asks if Virgil would continue
working. Klein says he's
suspended from Ethereum
Foundation, though that
they've been supportive. This
case has nothing to do with
Ethereum Foundation, he says.
Judge Broderick
tells Virgil Griffith, "Laws
in this country are not
suggestions... Assisting
foreign governments with money
laundering is illegal."
Now Judge
Broderick says, "If you were
in North Korea, you wouldn't
be having a bond hearing." Two
senior AUSAs walk in. Inner
City Press is the only media
here
.Klein points out
that Griffith is not charged
with money laundering, but
sanctions violations. He says
Virgil is "verbose and
provocative." Says Virgil
co-invented a Google for the
Dark Web. Hands research paper
to judge.
Klein says
Virgil Griffith was thrown out
of TOR project because he was
telling Interpol about the
Dark Web. Judge
Broderick says he uses a
VPN... he thinks.
Klein tells
Judge Broderick that
SpankChain is crypto currency
for porn, says "it's
legal." Klein says
Virgil's Ether has lost value,
and that his investment in a
crypto hedge fund was
disclosed. Now Klein offers to
make showing to Judge
Broderick "in camera" - not
available to public, nor
perhaps prosecution.
Klein says
Virgil considered renouncing
US citizenship, but didn't do
it, considered going to St
Kitts - which has an
extradition treaty with the
US. Judge Broderick says he
checked, he may soon go on a
trip to Nevis.
Virgil's father
says his house offered as
possible security for bond is
worth $835,000, with no liens
Now AUSA Kraus says he's a
flight risk, quotes Virgil's
texts: crypto for weapons
program.
AUSA Kraus:
In North Korea, there is no
private economy. Conference
was by and for
regime. Another
senior AUSA walks in.
Inner City Press: Where's US
Attorney Geoffrey S. Berman?
AUSA Kraus:
Prospect of jail time could
make Griffith flee. He was
making plans to renounce
citizenship. He has
undisclosed funds. St Kitts
sells passports.
Inner
City Press: like Domenica,
from which previous Judge
Broderick bailee Ng Lap Seng
had one.
AUSA Kraus: Ten
have cut GPS bracelets and
fled. Griffith could, using
Dark Web. Klein: If he
flees, he'd lose his job.
Judge
Broderick: How many wallets
does Griffith have? Klein: He
has some drives in Singapore,
can't access. And St Kitts has
no consulate in Tuscaloosa,
Alabama
Judge Broderick:
There are factors militating
for bail. Griffith turned
himself in. A $1 million bond
secured by sister's and
parent's houses. And perhaps
he can use the computer, with
monitoring. Secure the wallets
in Singapore. AUSA
thumbing out messages...
Upshot: for
Virgil Griffith, SDNY Judge
Broderick is allowing release
on bond, to Alabama with his
parents as "moral suasion."
Proposes FBI agents escort
Griffith to flights.
Klein wants
Griffith to be able to visit
Northern District of
California, and only signing
of the bond to be required
before he is released. Judge
Broderick: No California yet.
Klein: Need unmonitored
emailing with Griffith.
Update: the
decision is essentially made.
Virgil whispers Thanks to his
father in the near-empty
courtroom. Judge Broderick in
robing room with Pre Trial
Services nailing down how to
write the conditions of
release.
AUSA Kraus:
No email with counsel. Judge
Broderick: His Sixth Amendment
rights... Kraus: No 6th
Amendment right to email.Can
overnight mail. Judge
Broderick: I'm allowing email.
And let him use his passport
card
And it's done:
after bond signed and house
revisited, Virgil Griffith
will be released. His father
tells Inner City Press he's
been reading its tweets.
We've asked the Griffiths and
their lawyer to provide any
updates, and have been in
questions to the US Attorney's
Office. Watch this site.
And
Patreon here.
The US Attorney's
Office cited his text messages
to his parents about
renouncing his U.S.
citizenship and setting up a
money laundering business in
North Korea.
In the
Magistrates Court of the U.S.
District Court for the
Southern District of New York
his parents were present,
along with Inner City Press as
the only media. They were
there since the morning, and
watched the other cases Inner
City Press reported on.
Assistant
US Attorney Kimberly Ravener
told SDNY Magistrate Judge
Barbara Moses that Griffith
had misled Pre-Trial Services
about his residence in Puerto
Rico; his laywer Mr. Buckley
first said Griffith owned it,
then that he rented.
Judge
Moses asked why he has a
residence in Puerto Rico.
Buckley said Puerto Rico is a
developing area in the crypto
space.
Griffith's
request to be released was
first stayed by SDNY District
Judge Denise Cote, operating a
"Part I" judge at the time.
Buckley at the conclusion near
5 pm of the bail denial
hearing on December 26 said he
and a colleague flying in
might seek to appeal. Inner
City Press will continue to
cover this case, as it covered
the OneCoin trial. Here
is its live-tweet threat of
December 26, more on Patreon here...
***
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