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Law Archive

Archives for April 2024

Elizabeth Lopatto
Elizabeth Lopatto
We are taking a recess.

Zhao will speak when we return.

Elizabeth Lopatto
Elizabeth Lopatto
Because Zhao is a non-citizen, he’s ineligible for a minimum security facility, Burck notes.

And because he’s so well-known as a wealthy man, and because Binance is cooperating with the government, there’s a real risk in being in certain facilities, Burck says.

Elizabeth Lopatto
Elizabeth Lopatto
We are now discussing “general deterrence.”

Will the sentence deter other people? Government said Zhao should be punished or else there will be a perverse incentive to do what Zhao did. Burck is arguing that prison time will tell people not to come to the US and accept responsibility for their crimes.

Elizabeth Lopatto
Elizabeth Lopatto
One thing I’ve been wondering...

If the government wanted to put Zhao in jail for serious time, why did they let him plead to something with such a short sentence? It makes me wonder about the matter under seal we keep hearing about.

Elizabeth Lopatto
Elizabeth Lopatto
“This is unprecedented in terms of volume, scale and massiveness in dollar impact of noncompliance,” says Judge Richard Jones.

He and Burck are having a back-and-forth now about the appropriateness of jail time as recommended by the probation department.

Elizabeth Lopatto
Elizabeth Lopatto
I do find it curious that defense lawyers keep referring to “a mistake.”

We know from CZ’s messages quoted in multiple court cases that avoiding anti-money laundering controls was not exactly a mistake but a strategy. The language cuts against the idea that CZ is taking “full responsibility” for his misconduct...

Elizabeth Lopatto
Elizabeth Lopatto
Second reference to “matters that are under seal.”

👀

Elizabeth Lopatto
Elizabeth Lopatto
Burck is by far a better speaker than Bartlett.

He’s making a strong case that the government’s request for three years is way out of line. CZ looks less unhappy listening to his lawyers speak; he’s listening intently, with his eyebrows up.

Elizabeth Lopatto
Elizabeth Lopatto
A second defense lawyer, William Burck, is now speaking on CZ’s behalf.

“When we read the government’s submission... it read to us like the kind of submission a desperate defendant would write” because it says, essentially, to ignore the sentencing guidelines.

Elizabeth Lopatto
Elizabeth Lopatto
There is some secret “compelling factor” the court should consider, says CZ’s lawyer.

Some of the filings have been sealed. Wonder what this is!!

Elizabeth Lopatto
Elizabeth Lopatto
“He never minimized his conduct,” says Mark Bartlett, CZ’s lawyer.

He “admitted his mistake,” Bartlett says, and asks whether there is anything else CZ could possibly have done to show remorse. Bartlett says he can’t think of anything else.

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.