Aussie crypto mogul gets break in criminal case

“While Dwyer will have less time to prepare than his co-defendants had, Dwyer has been aware of investigations into BitMEX since at least April 2019, when he answered extensive questions from the CFTC under oath, and he has been specifically aware of the charges in the Indictment for the same amount of time as his co-defendants,” Mr Williams said.“To the extent that co-defendants Delo and Hayes have more time to prepare for trial, that is due to their agreement to surrender promptly and face charges, a choice that was available to Dwyer.”Mr Williams said the delay in Mr Dwyer’s trial would “randomly favour” Mr Dwyer by allowing him to see the government’s evidence before his trial began and that his legal team included a longtime federal defender and two former unit chiefs within this the US Attorney’s office.But Judge Koeltl said the advantages of a joint trial outweighed the prejudice to Mr Dwyer whose legal team had not been involved in proceedings until very recently.“The defendant will have had substantially less time than the other defendants to prepare for trial and would be prejudiced by the lack of time to prepare for this complex case.”

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