According to BlockBeats, on May 18, the defense lawyers for Samourai Wallet and Tornado Cash accused the prosecution of failing to disclose call records with senior FinCEN employees, concealing evidence that could be crucial to the case. The call records indicate that FinCEN believes non-custodial protocols may not constitute a money services business (MSB), which would affect the validity of the accusations against Samourai Wallet and Tornado Cash for operating an unlicensed money transfer business.
Tornado Cash co-founder Roman Storm and Samourai Wallet co-founder Keonne Rodriguez, along with William Lonergan Hill, are accused of money laundering, violating sanctions, and operating an unlicensed money transfer business. The defense argues that FinCEN call records are evidence of innocence, while the prosecution counters that relevant communications were disclosed in advance, and that the opinions of FinCEN officials are merely personal views, emphasizing the differences in the operational models of the two parties.