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Anyone who thinks it’s a proof of some conspiracy, doesn’t understand how law works. You cannot charge someone twice with the same crime. If you don’t have str
by justapassenger 4y ago
Anyone who thinks it’s a proof of some conspiracy, doesn’t understand how law works.
You cannot charge someone twice with the same crime. If you don’t have strong enough case, DOJ will lose, and that’s done. They cannot bring the case later saying “ok, now we have all the evidence, let’s try again!”.
Of course, this also doesn’t rule out there’s no conspiracy.
- ceejayoz 4y agoPrecisely. This is not a "crime vs no-crime" split. It's a "prosecute now vs prosecute later" split. > Some of the at least half dozen federal prosecutors involved in the case believe the evidence already gathered justifies moving aggressively against the exchange and filing criminal charges against individual executives including founder Changpeng Zhao, said two of the sources. Others have argued taking time to review more evidence, the sources said.
- rafale 4y agoI wonder what the status of limitation is in this case. The clock will run out eventually so they are definitely under pressure to build the case.
- ceejayoz 4y agoThat assumes they've stopped committing the crimes in question.
- lazide 4y agoDepends on the jurisdiction and the crime. Federally, seems like 5 years from when the crime was committed, unless it was a serious crime [https://sgp.fas.org/crs/misc/RL31253.pdf https://sgp.fas.org/crs/misc/RL31253.pdf]. Other places (California) often base it on when the crime was discovered/known about. So if someone buried some cash or something, then ignored it, and someone stole it in the meantime, the statute of limitations on prosecuting the theft would be when they went back and discovered it gone, not when it was taken. I’m sure they are taking it into account.
- deleted 4y ago[deleted]
- stefan_ 4y agoThis is a bit like the "responsibility to the shareholders" thing we keep hearing about, some kind of online forum legal meme. Yes, that's a concept, but in reality federal prosecutors of course have large latitude in what they charge and any operation as big as Binance will have many ongoing violations, comprising of different criminal elements. If the feds are wary of charging anything but a slam-dunk, it's because their career prospects depend on it.