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At Coinbase Wahi Arraignment Defense Says Not Securities So Will Move to Dismiss in Jan

By Matthew Russell Lee, Patreon Maxwell Book
BBC - Honduras - CIA Trial Book - NY Mag

SDNY COURTHOUSE, August 3 –   In what at least the defense is calling a novel crypto currency prosecution for insider trader, Ishan Wahi and Nikhil Wahi of Coinbase were arraigned on August 3, and their lawyer(s) made arguments about moving to dismiss.  Both Wahi initial bond orders, 12 pages, on Patreon here

Inner City Press live tweeted it here 

OK - as promised, now Co*nbase Wahi's arraignment, before  SDNY  Judge Preska. Both defendants plead not guilty.

AUSA Solowiejczyk: We proposed a $1 million bond for Ishan Wahi, secured by  funds in a brokerage account, approximately $150,000 when liquidated.

AUSA: Can transfer funds to pay attorneys' fees. [Why then did also crypto Eddy Alexandre today say his lawyer Bove is paid by "friends" / investors because all of his assets are frozen?

AUSA: For Nikhil Wahi, the security is $75,000. 

Nikhil Wahi's counsel (Priya Chaudry, who also represented Jen Shah of #RHOSLC, who recently pled guilty

 Wahi's counsel: This is not insider trading. There are no securities. There is a case before Judge Furman, US v. Chastain. [Inner City Press also covering that]. We intend to move to dismiss as this is not an insider trading case...

Wahi's counsel: Co*nbase was testing the tokens, people knew about it. So there's no property, and therefore no wire fraud issue. We will move to dismiss. Mr. Wahi was stopped at the airport and his electronics were seized under a forthwith grand jury subpoena

Wahi's counsel: We expect robust motions. AUSA: This prosecution is consistent with Carpenter & its progeny... All devices were lawfully obtained & searched.

Wahi's counsel: We'd like motions due in Jan, replies Feb 13.

The Court: And we'll get together March 22 at 10. Adjourned.

Previously, the US Attorney's Office said it was "charging ISHAN WAHI, a former product manager at Coinbase Global, Inc. (“Coinbase”), NIKHIL WAHI, and SAMEER RAMANI, with wire fraud conspiracy and wire fraud in connection with a scheme to commit insider trading in cryptocurrency assets by using confidential Coinbase information about which crypto assets were scheduled to be listed on Coinbase’s exchanges."

The case is US v. Wahi, et al., 22-cr-392 (Preska)  

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