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Elizabeth Lopatto

Elizabeth Lopatto

Senior Reporter

Senior Reporter

    More From Elizabeth Lopatto

    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.

    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.