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Umar Shakir
Umar Shakir
‘From the ground up, everything in the compliance section was flawed.’

NBC News reports that a former Block employee is talking to the feds about apparent sanctions violations.

Prosecutors are allegedly finding that Square and Cash App failed to report certain Bitcoin, credit card transactions, and dollar transfers — some originating from terror groups. Block leadership apparently knew, according to internal documents.

Richard Lawler
Richard Lawler
Feds arrest “Bitcoin Jesus” Roger Ver and accuse him of evading nearly $50 million in taxes.

You can read the details of Ver’s alleged misconduct here, but, with this news arriving as Binance founder Changpeng Zhao was sentenced for failing to establish adequate anti-money laundering protections, I’m reminded of this line from Ver, quoted in 2014:

“Money laundering is not a crime,” Ver says. “It’s just because certain men with guns don’t like what other people are doing with their own money, so they decide it’s okay to lock those people in a cage.

Elizabeth Lopatto
Elizabeth Lopatto
Zhao will leave the courtroom now.

The rest of us are asked to remain sitting while he leaves. Unclear if there will be a press conference after.

Elizabeth Lopatto
Elizabeth Lopatto
And we’re back!

The defense is requesting that Zhao be designated to SeaTac, at a date to be specified by the court. Zhao promises before the court that he will show up at the time, which is not yet decided.

Elizabeth Lopatto
Elizabeth Lopatto
Zhao won’t be remanded immediately into custody.

We are taking a 10 minute break, but there are a few more matters to be ironed out.

Elizabeth Lopatto
Elizabeth Lopatto
“I was deeply troubled... by your statement reflected on pg. 1, the opening line of the government’s brief to this court that it was better to ask for forgiveness than permission.”

But Jones isn’t going to take the government’s sentencing recommendation. He hasn’t yet announced the exact sentence.

Elizabeth Lopatto
Elizabeth Lopatto
CZ is clearly on pins and needles as Jones speaks.

He’s leaning forward, listening intently, and occasionally nodding.

Elizabeth Lopatto
Elizabeth Lopatto
Jones doesn’t think Zhao is likely to reoffend.

However, the scale of the offense is remarkable, and Jones wants to consider deterring future crime. The letters sent to the court on Zhao’s behalf will play a significant role in the sentencing.

Elizabeth Lopatto
Elizabeth Lopatto
“Everything I see about your history and characteristics are of a mitigating nature and a positive nature,” says Judge Richard Jones.

The court recognizes that he came voluntarily to the US, has not previously broken laws, and that he took “extraordinary steps and significant steps” in cooperation with law enforcement. But the nature of the events was “aggravating.”

Elizabeth Lopatto
Elizabeth Lopatto
Zhao is soft-spoken but very clear.

After his brief remarks, he has now stepped down.

Elizabeth Lopatto
Elizabeth Lopatto
“I’ve had a lot of quiet time alone to think and reflect.”

Zhao says he wants to create a platform for online education for underprivileged kids. “I find this new work extremely rewarding and meaningful.”

Elizabeth Lopatto
Elizabeth Lopatto
Changpeng Zhao speaks.

Addressing the courtoom before being sentenced, the Binance begins by saying, “I’m sorry,” and says he wants to take responsibility for his “mistakes.” He notes that Binance did implement a KYC/AML program, and that it is cooperating with the US government.

“In my mind, I wanted to do everything possible before stepping down as CEO.”

Elizabeth Lopatto
Elizabeth Lopatto
Someone took a photo and posted it on Twitter during the hearing.

The judge is annoyed by this.

Elizabeth Lopatto
Elizabeth Lopatto
And we’re back!

Judge Richard Jones is back on the bench, and we are about to hear from Changpeng Zhao himself.

Gotta say, the government has not exactly covered itself in glory here. If Zhao’s statement is convincing, he might not serve time at all.

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.

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.