The ongoing legal battle against the co-founders of Samourai Wallet, a Bitcoin privacy-focused crypto mixer, has taken a dramatic turn. On May 5, 2025, defense attorneys revealed that the Department of Justice (DOJ) had knowingly ignored guidance from the Financial Crimes Enforcement Network (FinCEN) stating that Samourai Wallet does not qualify as a Money Services Business (MSB). Despite this, the DOJ moved forward with criminal charges against co-founders Keonne Rodriguez and William Lonnergan Hill—a move now under heavy scrutiny.
DOJ Accused of Suppressing Exculpatory Evidence
A letter filed by Samourai Wallet’s legal team to a Manhattan federal court reveals that FinCEN explicitly told the DOJ in 2023 that Samourai Wallet’s non-custodial, open-source software did not meet the legal definition of a money-transmitting service under U.S. law. However, prosecutors moved ahead with criminal charges six months after receiving this guidance, claiming Rodriguez and Hill operated an unlicensed money-transmitting business.
The defense claims this information was deliberately withheld and only disclosed after a direct legal request on April 1, 2025. The DOJ has yet to explain why the advisory was not included in the original disclosure. The revelation sparked widespread criticism and has raised new questions about the prosecution’s legitimacy.
DOJ Policy Memo Undermines Case
Adding fuel to the fire, the legal filing cited a recent memorandum from Deputy Attorney General Todd Blanche, titled “Ending Regulation by Prosecution.” Issued on April 7, the policy directive bars the DOJ from initiating enforcement actions that effectively apply financial regulations in criminal contexts especially for non-custodial crypto services like mixers.
“The Justice Department will no longer pursue litigation or enforcement actions that have the effect of superimposing regulatory frameworks on digital assets,” the memo states.
The Blanche Memo explicitly states that mixing services will no longer be prosecuted for lacking a FinCEN license—a point that directly supports the defense’s argument for dismissal. While the case has not yet been officially dropped, a judge has ordered the DOJ to respond to the defense’s letter by May 6.
Why Samourai Wallet Was Not a Money Service Business
Samourai Wallet was a non-custodial privacy app, designed to obfuscate Bitcoin transactions. At no point did it hold or manage user funds one of the key conditions FinCEN uses to determine whether a service qualifies as a Money Services Business. As such, the platform was not required to obtain a FinCEN license or follow Anti-Money Laundering (AML) protocols.
Statements from co-founder Rodriguez prior to the 2024 arrest confirmed that the team had legal assurance they were operating within the law, and would have moved jurisdiction if that changed.
Charges and Political Context
In April 2024, Rodriguez and Hill were charged with facilitating over $2 billion in transactions and laundering $100 million in illicit proceeds allegedly linked to Hydra and Silk Road darknet marketplaces. They face up to 25 years in prison.
U.S. officials, including FBI Assistant Director James Smith and IRS-CI Special Agent Thomas Fattorusso, publicly accused them of operating an illegal service. However, recent disclosures appear to undermine those claims.
This case echoes the ongoing prosecution of Tornado Cash, another decentralized crypto mixer, and highlights growing tension between federal enforcement agencies and crypto privacy advocates.
Operation Choke Point 2.0 and Regulatory Overreach
The Samourai Wallet case is also being framed within the broader context of “Operation Choke Point 2.0,” an alleged behind-the-scenes campaign during the Biden administration to debank crypto businesses by pressuring financial institutions to cut ties with the industry. Critics such as Senator Cynthia Lummis and Coinbase CTO Paul Grewal have condemned the strategy, citing concerns about financial freedom and due process.
With the Trump administration returning to power, and a new focus on pro-crypto and privacy-oriented policies, legal experts anticipate a wave of pushback against these prosecutions. There is growing hope among industry observers that charges will be dropped and that federal agencies will be held accountable for overreach and regulatory manipulation.
Outlook: A Precedent in the Making
As the Samourai Wallet case unfolds, it may set a critical precedent for non-custodial crypto services and how regulators interact with blockchain-based privacy tools. With mounting legal and political pressure, and a shift in regulatory philosophy under the new administration, the outcome of this case could have far-reaching consequences for digital asset innovation, privacy rights, and financial sovereignty in the U.S.
