Samourai and Tornado Cash defence counsel accused the prosecution of withholding or exculpatory evidence

Lawyers in the Samourai Wallet and Tornado Cash cases have accused prosecutors of concealing a phone call they believe may be critical to their defense. In the call, senior employees of the Financial Crimes Enforcement Agency (FinCEN) suggested to government prosecutors that non-custodial agreements may not qualify as money service businesses, which are key elements of certain charges. Prosecutors in the Samourai case played down the allegations, saying the call was fairly disclosed before trial and represented the employees' "informal personal opinion."
Previously, it was reported that the developer of the bitcoin privacy wallet Samourai Wallet rejected the charges, and the case remains in a legal impasse.