The SDNY literally said that sw is not a money transmitter. If my memory is correct, I believe the judge forbid the lawyers from using that statement in their defense. How can an impartial judge impose a rule like that?

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FinCEN said they didn't require a license too.

If you read the article carefully you'll see that they're not arguing they required a license.

They're just arguing that they conspired to move stolen money.

So by not making it about the license requirements it may have actually worked *against the defense.

How would they even prove it was stolen money? This is so fucking retarded