The information the Government suppressed for almost a year is classic Brady: During its investigation of Samourai Wallet, prosecutors called FinCEN to determine whether it would qualify as a “money services business” that was required to have a license and to implement anti-money laundering controls. Two FinCEN employees, including the Chief of FinCEN’s Virtual Assets and Emerging Technology Section in the Enforcement and Compliance Division, responded that, under FinCEN’s guidance, the answer was “no” because Samourai did not take custody of a user’s cryptocurrency. Because this response precisely echoes the public statements Samourai Wallet made about why its business did not run afoul of the licensing and money laundering requirements for money transmitters, FinCEN’s statements provide powerful corroboration of Mr. Hill and Mr. Rodriguez’s good faith belief that they were not violating any laws.
for reference SDNY's letter was sent friday: https://www.therage.co/sdny-petitions-court-to-deny-samourai-wallet-hearing-seeking-remedy-for-withheld-evidence/
in response to a filing revealing that FinCEN told SDNY that Samourai didn't need an MSB license and SDNY withheld it: https://www.therage.co/fincen-to-sdny-samourai-wallet-did-not-need-msb-license/
I think I got that right.