Saturday, November 19, 2022

On Coinbase Wahi Defense Said It Would Move to Dismiss Then Pled Guilty Now Travel Denied

 

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

SDNY COURTHOUSE, Nov 14 –   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."

On September 12, this: "Change of Not Guilty Plea to Guilty Plea as to Nikhil Wahi (2) Count 1... The defendant withdraws his previous plea of not guilty and enters a plea of guilty to Count One of the Indictment. Sentencing scheduled for December 13, 2022 at 12:00 pm. "

In mid November, Wahi's motion for permission to travel pre-sentencing was denied, in part because filed late: "MEMO ENDORSEMENT as to Nikhil Wahi (2) denying [52] LETTER MOTION addressed to Judge Loretta A. Preska from Priya Chaudhry dated 11.11.2022 re: Permission to Travel to San Fransisco. ENDORSEMENT: Mr. Wahi's request for approval to travel is denied due, among other things, to the lateness of the request. (Signed by Judge Loretta A. Preska)."

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

***

@SDNYLIVE courthouse #CourtCastCast
                              200 Worth Street
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.