Roman Sterlingov, the person behind the crypto mixer Bitcoin Fog, is contesting a possible 30-year jail sentence following his conviction on a number of cash laundering fees.
In a 37-page sentencing memorandum submitted to the US District Courtroom for the District of Columbia, Sterlingov’s protection crew contends that the beneficial sentences of 30 and 20 years by the prosecution and Probation Workplace, respectively, “vastly exceed” the penalties imposed in comparable circumstances.
The protection argued that these suggestions are disproportionately excessive because of the “cumulative impact” of varied enhancements that punish totally different facets of the identical conduct — particularly, operating a large-scale cash laundering operation.
Laundering conviction
Sterlingov was convicted earlier this yr on a number of counts associated to working Bitcoin Fog, a service that allegedly facilitated the laundering of over $47 million in prison proceeds.
The federal government has portrayed him as a central determine in a complicated scheme that allowed customers to anonymize Bitcoin transactions, successfully making it tough for regulation enforcement to hint unlawful actions resembling drug trafficking and different prison enterprises.
Prosecutors alleged that Bitcoin Fog, which Sterlingov operated from 2011 to 2021, was used to launder roughly $400 million in Bitcoin related to unlawful actions resembling drug trafficking, identification theft, and cybercrime.
Decide Randolph Moss, who’s overseeing the case, initially scheduled Sterlingov’s sentencing for Aug. 21. Nevertheless, the courtroom will now first hear arguments relating to the federal government’s efforts to grab property tied to Bitcoin Fog, together with 1,354 Bitcoin which have remained dormant since 2012 and a possible $395 million monetary judgment.
Circumstantial proof
Nevertheless, Sterlingov’s attorneys argued that the case towards him relied closely on circumstantial proof, noting that key parts such because the Bitcoin Fog server, server logs, non-public keys, or ledger have been by no means entered into proof throughout the trial.
The protection emphasised that he has no prior prison historical past and has led an in any other case exemplary life. It additionally asserted that the jury’s verdict aligns extra with aiding and abetting somewhat than immediately operating the Bitcoin Fog operation, suggesting that Sterlingov’s position was much less central than prosecutors have portrayed.
The protection additional argued that the sentencing tips, that are closely influenced by the greenback quantities concerned within the offense, don’t precisely replicate Sterlingov’s culpability.
It contended that the rules’ give attention to the worth of the laundered funds is misplaced on this case, because it fails to account for the truth that Sterlingov didn’t personally revenue from the transactions and that most of the funds handed via Bitcoin Fog with out his direct involvement.
