ICO Centra organizers ask to close the case …
ICO Centra organizers ask to close the fraud case due to its unconstitutionality
The founders of the crypto project Centra Tech, which raised $ 32 million at ICO and was later recognized as a fraudulent by American prosecutors, found a reason to try to stop the persecution, writes the Decrypt portal.
Representatives of Robert Farkas and Sohrab Sharma, two of the three founders of Centra Tech, claim that the FBI “illegally seized” the details of the Slack messenger, which they say is a violation of the constitutional rights to a fair trial and a reason for stopping it..
According to the petition, the defendants ask the court to dismiss the indictment or propose “another relief” based on the violation of state guaranteed rights.
The organizers of Centra have been targeted by the US Securities and Exchange Commission and a separate class action lawsuit in Florida for their token sale in mid-2017. In addition to civil liability, the defendants face up to 20 years in prison for organizing a fraudulent scheme, including the use of fictitious information about the company’s management and “non-existent business relationships” with Bancorp, Visa and Mastercard.
The position of the prosecution is not least based on the correspondence of the Centra team members in Slack, the details of which were obtained by the FBI and attached to the case. The defense now claims that it contained information that was not subject to disclosure. The Centra founders reported that they became aware of the SEC investigation in November 2017, after which they continued to discuss their actions in the case of charges with lawyers on Slack until they were arrested in April 2018..
Greg Strong, a lawyer at DLx Law, believes that it is too early to talk about the viability of the new line of defense. “The very fact of correspondence with a lawyer does not make it confidential. Only correspondence that is related to the provision of legal advice can be considered confidential, ”he said, adding that the court will first need to classify the relevant materials.
In addition, according to Strong, even if it is found that the constitutional rights of the defendants have been violated, this may not be a reason to withdraw the case from consideration, since other remedies remain at the court’s disposal, for example, disqualification of certain representatives of the prosecution who may have had access to confidential materials.
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