by Mr Penguin | Dec 7, 2022 |
Protest Outside US District Court Ahead Of Trial
The first day of the Crypto6 trial (Dec 6th, 2022) went well for the Crypto6’s defense. More on that in a bit. There appeared to be about ~25 supporters in attendance although not everyone was in any one place all at once. Some were protesting outside, some were denied entry to the courthouse due to an attempt at suppressing support for the crypto6 through new ID and mask rules. 4+ people were denied access for having religious or health objections to the new mask mandate. 3+ people were explicitly denied entry for a newly created and enforced ID rule written in response to people Crypto6 supporters objecting to a not legally authorized demand for ID that existed prior to November. The paperwork was finally obtained evidencing this and is available from the Telegram and Matrix read-only update groups which can be joined via links at TheCrypto6.com
Many news organizations came out to report on the only jury trail to be held in the past 2+ years at US District Count in the District Of New Hampshire. The short list of reporting organizations that were in attendance included at least NBC, the Union Leader, the Sentinel, and an independent documentary crew.
One of the most interesting things I learned about the jury selection process at the federal level is that while it’s “open” to the public to attend the majority of the proceedings are secret. The judge started off with providing information on the process and there being juror questions. Potential jurors were then questioned, of which we learned nothing more than there name and what each potential juror looked like in ~2-3 hours of interviews. In the background all you could hear was some classical music playing over the loudspeaker.
The judge qualified 36 jurors and of those 15 were selected for jury duty with 4 alternatives selected.
The process gives the defense and prosecution an opportunity to ask the group of jurors questions. Some of these were quite interesting.
Except for at the end of the trail the prosecution generally goes first, as they have the burden of proof.
The prosecution utilized this time to ask these questions of the jurors or potential jurors:
How many don’t own a PC? Two responded that they didn’t.
How many don’t own a smart phone? One person responded that they didn’t (he did have a landline however).
How many don’t have an email address? One responded that they have no email address.
They also asked about social media to which nearly everyone had some form of social media.
A question on how many in the crowd were early adopters got a response that only 5 in the crowd would consider themselves early adopters. An early adopter is someone who seeks out the latest technology rather than waiting until it’s established and more widespread to pick it up.
Interestingly while most didn’t consider themselves early adopters about half considered themselves tech savvy and two indicated that they were uncomfortable with tech altogether.
Nearly everyone indicated that they had at least heard of crypto before, but just one indicated that they owned crypto. That juror was promptly dismissed. (more…)
by Ian | Dec 3, 2022 |
FBI Goon Smashes Cameras During Crypto Six Raid
Christmas came early! Just days before the start of the Crypto Six trial, federal prosecutors have revealed they will be dropping the supermajority of counts in their ridiculous case against me. Gone are all twelve of the “wire fraud” charges, three “money laundering” charges, “conspiracy to commit bank fraud & wire fraud”, and most importantly the charge with the ten-year mandatory minimum sentence, the “kingpin” charge of “continuing financial crimes enterprise”. All gone!
If you’ve been paying attention to the case for the last twenty months, you may recall the big deal the prosecutors made to try to keep me in jail until trial, claiming I am a “sophisticated cyber criminal” and a “danger to the community”. Prior to the charges being dropped, my bail conditions had loosed to where I am no longer wearing a tracking anklet. Now that those charges are gone, when we recently asked to remove the government spyware from my computer and phone, the prosecutors had no objection. Apparently, I’m no longer the scary things they told the judge and press that I was.
The remaining charges that are slated for trial are:
- Conspiracy to Operate Unlicensed Money Transmitting Business
- Operation of Unlicensed Money Transmitting Business
- Money Laundering
- Conspiracy to Commit Money Laundering
- Attempt to Evade or Defeat Tax (four counts for 2016-2019)
While this is assuredly good news, as it reduces the maximum time I could spend in prison from 420+ years to 70 years, it’s really sad news for my three friends who took plea deals on the “wire fraud” charges. Had they known the charge they pled to would eventually be dropped, they surely wouldn’t have taken the raw “deal”. Now they are saddled with felony convictions for the rest of their lives for something that sounds really bad. The reality is, the accusations were simply that they’d lied to a bank, and that it was not even to try to scam the bank out of money, but only to do things like keep an account open. However no one who checks their record is going to ask them for details. They’ll just see “wire fraud” and think they are dealing with a fraudster, when in fact no one was defrauded. None of the banks lost anything and no restitution was ordered during sentencing for any of the three. None of them committed fraud, but they took the plea likely out of fear – the reason most people take a plea – because the feds know how to scare people.
Don’t Take the Plea Deal Flyer
They stack a ton of charges against you, then threaten to stack even more if you don’t tap out. A few years of probation and a felony starts looking really good compared to thirty years in prison, so it’s understandable why people will take a plea, even though they didn’t actually commit the crime of which they are accused. The prosecutors love it as they rack up conviction after conviction, ruining innocent peoples’ lives and bolstering the prosecutors’ careers. Plus, they never have to bother preparing for and going to trial. It’s super easy for them and it almost always works.
For a long time, I have been an advocate of “Don’t Take the Plea Deal“. ESPECIALLY if you didn’t actually do anything wrong. It is certainly risky and scary to go up against the federal behemoth. They have unlimited resources to throw at destroying you. However, if you take the first plea, you will never even get to see what kind of case they have against you. It might be a really crappy case and they may have made critical errors. There’s also a good chance of a better plea offer coming later on, but if you take the first plea, you’ll never find out. Of course, you have to do what you feel is right for you, and I never blame anyone for taking a plea if they feel that is best.
However, long term, people taking plea deals just empowers the state. If more people stood up and demanded their right to a trial, even on things as simple as a speeding or parking ticket, the “justice” system would not be able to handle the case load and they would likely just drop charges all together.
While I am happy to see the bulk of the charges in my case go away, I’m sad for my friends who were intimidated into wrongful convictions for vicitmless “crimes” on charges that would likely have been dropped anyway. The Crypto Six trial begins with jury selection on Tuesday, Dec 6th at Federal Court Church in Concord, NH. For more background on the case, visit TheCryptoSix.com.
by Ian | Aug 30, 2022 |
Jazzy, Renee, Andy, Ian @ Forkfest 2020
In the last week, Renee and Andy Spinella were sentenced for their victimless “crimes” in the Crypto Six case. This spring, the two agreed to plead guilty to a single count of “wire fraud” for saying something to a bank that was allegedly not the whole truth. As prosecutors admitted at Renee’s sentencing, there were no damages to the “victims” in this case, a list of several banks and credit unions. No restitution is owed to them by either of the Spinellas or Nobody – who was sentenced last month on his plea deal – because well, the banks weren’t actually defrauded.
Renee was sentenced last week to $2100 in fines and fees and three years on probation and Andy was sentenced today to $600 in fines and fees and 18 months on probation. On its own, the sentence doesn’t seem too bad, until you remember that it includes a federal felony conviction that will stay with them their entire lives unless the president pardons them.
Banks can lie to you with no penalty, but the federal government goons’ position is that if you say anything to the banks that isn’t the entire truth, even with no intention to defraud, that you should have your home violently raided, then face up to 30 years in prison for every statement you made that they didn’t like. Not even a federal perjury charge is as serious as “wire fraud” as perjury can only be sentenced up to five years in prison.
The fact that none of the “victims” were damaged in any way was of no consequence, because the prosecutors just want to get more convictions on their record so they can move up the political chain by crushing innocent lives beneath them. Now Andy and Renee can no longer carry guns and anyone who checks their records and doesn’t bother to ask them about the “wire fraud” conviction might mistakenly believe the two are dishonest fraudsters, and nothing could be further from the truth.
They are two honest, good people who only took plea deals because the prosecutors were threatening them with more victimless charges and, like most people facing federal prosecution, they just wanted it to be over. I don’t blame them for doing what they considered best, but now that they are sentenced, Nobody is sentenced, and Colleen’s charges were dropped, it’s just me and Aria left to go to trial. We think a jury with a shred of decency will find us not guilty of all the bullshit “crimes” against us. In the event of such a decision, I would be relieved, but not happy, because my friends did not deserve what happened to them – the feds used them as stepping stones to get to me. No victim, no crime.
The next step in the “Crypto Duo” trial is Thursday September 1st at 9:30am in federal court church in Concord, where the judge will hear arguments on a motion to dismiss the “money transmitter” charges.
by Ian | Aug 23, 2022 |
NH Jury Rights
The motions and objections in the Crypto Six case are starting to fly back-and-forth. Recently, the defense attorneys for me and Aria DiMezzo filed a “Notice of Public Authority Defense“, saying that we had relied on a legal memo from attorney Seth Hipple that cites the New Hampshire Banking Commission stating that they don’t regulate person-to-person cryptocurrency sales. Today, the dishonest federal prosecutors filed an objection to that and a motion to exclude the evidence, arguing that the statements of the NH Banking Commission are irrelevant to the case, since the charges are federal.
Though their primary argument is that the NH Banking Commission’s opinion is irrelevant, they later admit their real fear is the jury might nullify the charges if they knew the actions are legal in New Hampshire:
Alternatively, if the evidence is relevant, it should be excluded under Federal Rule of Evidence 403, because its introduction would be unduly prejudicial to the government and invite jury nullification.
Jury Nullification is your right to judge the law itself, instead of the facts in the case. Nullification is an established right of jurors that governments across the United States, especially in federal courts, attempt to suppress. It’s no surprise that the prosecutors are worried about it here, as Aria and I certainly did no harm to any other soul and a jury who knows they are free to use their conscience to render a verdict, may very well throw out the entire case.
The next step in the trial is Thursday September 1st at 10am in federal court church in Concord, where multiple motions will get hearings, including a motion to dismiss the “money transmitter” charges and a very interesting motion arguing the government should be prevented from introducing blockchain analysis expert testimony as their methods cannot pass the scrutiny required to be admitted as evidence in a case.
by Ian | Aug 3, 2022 |
Nobody
In a recent post here at Free Keene, Chris Waid presented his notes from the sentencing hearing for Nobody as a, “Big win for Mr. Nobody“. This is ridiculous spin. For those who didn’t hear the news, my co-defendant Nobody was recently sentenced to “time served” of approximately six months in jail as well as $2,100 in fines and fees, a forfeiture of $10,000, and two years’ probation. He had taken a plea to one count of “wire fraud”, despite not having defrauded anyone. Like the other Crypto Six defendants, he was intimidated into a plea deal by the threat of further charges.
Whether or not he took the plea and even if he went to trial and “won” on every count – as Aria and I are hoping to do – it would not be a “win”. As Mark Stevens put it in his book, “Adventures in Legal Land“, whenever you are targeted by the state, it is a loss. Even if you “win” and defeat the charges, you still lose your time. You still lose your ability to focus on things that are actually important to you instead of focusing on a criminal trial and the stress of bail conditions and the government’s axe hanging over your head. Basically, when they bring charges against you, you are going to lose – the only question is how much?
In Nobody’s case, he went through a horribly and unnecessarily violent pre-dawn raid on his home, spent several months behind bars, most of a year on restrictive bail conditions, and now is having his personal finances decimated. He has nearly nothing left after paying their extractions, is now a federal felon for life, and is still under multiple probation restrictions for two years. All of this damage has been brought upon him simply because, as he described it, he was convicted of, “contempt of bank”. It’s great that he doesn’t have to go back to prison, but this is not a win.
In other Crypto Six news, the remaining two defendants, Aria DiMezzo and me, have had motions filed by our defense attorneys, including a motion to dismiss the “money transmitter” charges, a motion to block the prosecution from using blockchain analysis experts, and a notice of a “public authority defense”. The hearing on these motions is set for September 1st at 9:30am at Concord Federal District Court Church.
by Mr Penguin | Jul 30, 2022 |
On Thursday July 28th judge Joseph N. Laplante concluded the sentencing hearing for Crypto6’s Mr Nobody with a ruling to the maximum degree possible in his favor, and below is a run down of the defenses, prosecutors, and judges thoughts and arguments.
For more detail of what happened and a bit of a backstory on the sentencing check out Freedom Decrypted episode 170 where we covered the pre-sentencing motions that went into the variance granted (or in other words the request to reduce the sentence below that typically authorized by the sentencing guidelines).
The notes from the sentencing hearing are as follows:
– Mr Nobody is pleading guilty to a single count of wire fraud
Judge opens with a speech on the sentencing guidelines being the guiding force behind determining the sentence, but are not a hard rule to be followed, and he can sentence Mr Nobody outside of the guidelines.
There is a sealed pre-sentencing report that was created by the court of which came to 26 pages in length. Unfortunately due to certain information contained within it is sealed, but this is for Mr Nobody’s benefit and it may be that this report can be released by him and/or released by him with appropriate sections redacted. While this may not be relevant to Mr Nobody’s sentencing report the type of information that can be included includes information such as histories of mental illness that would be inappropriate to release to the public. Our opportunity as the public therefore to be outraged by the malicious, manipulative, or outright lies contained in it must therefore be reserved till a later date.
Possible outcome based on sentencing guidelines and guilty plea:
The guidelines recommend:
– 10 to 16 months imprisonment
– 2 to 5 years of supervised release
– A fine of $2,000 to $1 million dollars (more…)
