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More from Binance founder’s sentencing hearing

Elizabeth Lopatto
Elizabeth Lopatto
Defense speaking now.

“When I hear the government discussing the crime here, they don’t seem to be discussing the actual crime,” which is that CZ pleaded guilty to not having an anti-money laundering program. The sanctions violations are irrelevant.

Elizabeth Lopatto
Elizabeth Lopatto
Probation department is speaking now.

They’re recommending a custodial sentence of 5 months, which they feel is enough to deter defendant and others “without being unnecessarily harsh.” It would be one of the longest sentences for such conduct in this country.

Elizabeth Lopatto
Elizabeth Lopatto
Changpeng Zhao is not enjoying this.

He’s been listening to Mosely with his eyebrows up, forehead furrowed, at times frowning.

Elizabeth Lopatto
Elizabeth Lopatto
Judge Richard Jones has a question.

The government’s request is double the top end of the guideline range. Wouldn’t that create a disparity in sentencing? Mosley argues that the disparity is in the magnitude of the conduct, and because CZ is an individual who directed it.

Elizabeth Lopatto
Elizabeth Lopatto
The recommended guideline sentence isn’t enough of a deterrent because of “the brazenness and magnitude” of Changpeng Zhao’s misconduct, Mosley says.

“An outcome where a defendant makes a plan to violate US law, does so on a massive scale, makes extraordinary amounts of money” and then gets to go home to make money after getting caught means another rational actor might take that chance.

Elizabeth Lopatto
Elizabeth Lopatto
“Incarceration is necessary to reflect the seriousness of the offense,” Mosley tells the court.

“The brazen nature of this conduct does require a sentence that includes a meaningful period of incarceration.” The scale of this crime is “magnitudes of order” greater than other offenses, Mosley says.

Elizabeth Lopatto
Elizabeth Lopatto
“This wasn’t a mistake, it wasn’t a regulatory oops,” says Kevin Mosley, the prosecutor.

As a result of asking forgiveness, not permission, Changpeng Zhao made himself a billionaire and celebrity, Mosley says.

Elizabeth Lopatto
Elizabeth Lopatto
Court finds the defendant has accepted responsibility, says Judge Richard Jones.

We are now going to hear from the government, then probation, then the defense. No one else will speak, as far as we know.

Elizabeth Lopatto
Elizabeth Lopatto
We are having an argument about legal standards for punishment enhancements.

The prosecution is trying to get some enhancements on CZ’s sentencing. We will be sorting out this objection before we go farther.

Elizabeth Lopatto
Elizabeth Lopatto
Judge Richard A. Jones is on the bench.

We’re off!

Elizabeth Lopatto
Elizabeth Lopatto
Judge Richard A. Jones is attending to “a personal matter.”

We’re delayed until 9:30AM PT / 12:30PM ET.

Elizabeth Lopatto
Elizabeth Lopatto
Changpeng Zhao has entered the courtroom.

He’s taking a seat with his legal team. Judge isn’t on the bench yet. CZ’s in a dark blue suit with a light blue tie, and he looks tense.

Elizabeth Lopatto
Elizabeth Lopatto
Update: CZ has arrived.

And there’s motion in the courtroom. The hearing is expected to begin at 9AM PT.

Elizabeth Lopatto
Elizabeth Lopatto
A relatively sedate morning in Seattle.

Unlike with the Sam Bankman-Fried trial, public interest in the sentencing of Binance founder Changpeng Zhao seems to be low. I did not spend hours standing in line this morning. And as far as I know, CZ is not yet in the building.

Emma Roth
Emma Roth
Prosecutors want to put Binance’s former CEO behind bars for three years.

In a filing on Tuesday, the DOJ says Changpeng Zhao’s alleged crimes “warrant meaningful prison time” and that the three-year term will “not just send a message to Zhao but also to the world.” Zhao’s lawyers followed up with a filing shortly after, saying he should just be sentenced to probation.

Emma Roth
Emma Roth
Binance founder Changpeng Zhao can’t leave the US while awaiting sentencing.

A judge ruled on Thursday that Zhao — who resides in the United Arab Emirates — must stay in the US ahead of his February 2024 trial, citing his “enormous wealth and property abroad” as well as a lack of ties to the US.

Zhao stepped down as CEO of Binance in November and pleaded guilty to breaking anti-money-laundering laws after a months-long investigation from the US government.

Richard Lawler
Richard Lawler
Binance’s CEO will have to stay in the US, for now.

Last week, Changpeng Zhao agreed to step down as CEO of the massive cryptocurrency exchange Binance — part of a plea deal with the DOJ for breaking anti-money-laundering laws.

However, one remaining disagreement has been where he will spend his time while awaiting sentencing for the felony charges. Despite agreeing to a $175 million bond, prosecutors consider him a flight risk and wanted to keep him in the US. That question isn’t fully answered, but Reuters reports a judge ruled CZ is staying the US for now while the court considers it, instead of being allowed to return to the UAE.