Hummm.
I wonder if I'm not opening a can of worms here, but...
The memo issued by the Department of Justice seems to relate to the Samourai Wallet court case and the Tornado cash mixer case.
There have been developments in the Samourai case.
It would seem that the prosecutes were aware that the regulator responsible felt that there was no need for Samourai to apply for a money transmitter license as such a license would not apply to them. Further, despite the Judge requiring the prosecutors to pass such information on, they didn't.
Technically had it been discovered after the court case the prosecutors would have been clearly VERY much in the wrong.
In the Tornado cash case the judge decided that the opinions of the regulator didn't matter and chose not to consult them. However IF the prosecutes were aware of the regulators opinion, that clearly will be a Brady violation. I'm sure that questions will be asked.
Here is what was argued today.
https://www.coindesk.com/policy/2025/05 ... -violationIt's also of note that such cases could cause precedent. In effect the law relating to what is or is not a money transmitter in the US would change without democratic debate.