Miles Guo Court Documents · Doc 375

摘要

Defense Letter · Testimony of Samuel Roberts (BitGo)

This five-page letter, dated June 12, 2024 from E. Scott Schirick of Alston & Bird LLP, addresses the proposed scope of testimony of Samuel Roberts of BitGo in United States v. Guo, S3 23 Cr. 118 (AT).

Background

The government had previously notified the Court that Samuel Roberts of BitGo would testify about BitGo's review of its business relationship with the Himalaya Exchange (HEX). The defense raises concerns about the scope.

Defense's Concerns

• The proposed scope improperly invites Roberts to render expert-style opinions while ostensibly testifying as a lay witness;
• Roberts's findings about HEX should not be admitted as substantive evidence of the defendant's intent or knowledge of the alleged fraud;
• The government should be required to confine Roberts's testimony to the actions BitGo took rather than to characterizations about HEX or the defendant.

Specific Concerns Raised

The defense raises particular concern about questions the government may pose regarding:

• Whether HCN and HDO function as cryptocurrencies;
• Whether the Himalaya Exchange functions as a cryptocurrency exchange;
• BitGo's internal characterizations of HEX as a counterparty.

The government's responsive letter (case-doc-376) clarifies it has never intended to elicit those particular opinions, partially mooting the dispute.