Supreme Court attorney and SCOTUSblog co-founder Tom Goldstein, who faces charges of tax evasion and allegations of hiding millions, is seeking sanctions against federal prosecutors for making what his legal team describes as misleading and possibly false accusations.
Goldstein’s attorneys argue that the prosecution misrepresented key evidence, particularly regarding claims that Goldstein attempted to obstruct justice by offering cryptocurrency to an office manager. In a recent filing, attorney Jonathan Kravis called for the Justice Department to produce the grand jury testimony of the office manager, a witness that prosecutors previously claimed was bribed to impede the investigation. However, the defense contends that new disclosures contradict those claims, revealing inconsistencies in the government’s case.
According to the filing, prosecutors initially stated that Goldstein repeatedly offered cryptocurrency to a witness who had access to financial records. However, the latest government filing acknowledged that the witness never indicated Goldstein asked them not to cooperate with the investigation. The defense argues that the government knowingly misled the court in previous filings, damaging Goldstein’s reputation.
Goldstein’s legal team cited text messages as evidence that prosecutors built their case on an inaccurate portrayal of the witness’s statements. The messages reportedly included remarks such as, “(Goldstein) keeps offering me money” and “it’s so, so uncomfortable.” Prosecutors used these statements to argue that Goldstein violated his release conditions and possessed secret cryptocurrency holdings. However, the defense claims that when forced to disclose grand jury testimony, the government reversed its position and attempted to downplay the accusations.
Kravis emphasized that the government’s retreat from its bribery allegations raises serious concerns about the integrity of the case. He also accused the prosecution of improperly disclosing grand jury testimony in violation of federal rules. The legal filing highlights how prosecutors made public references to the witness’s name and testimony, only to later seek its removal from the court docket.
The Justice Department has argued that grand jury testimony is “presumptively secret” and should not be disclosed. Prosecutors contend that releasing the testimony could compromise future grand jury proceedings and discourage witnesses from coming forward. However, Goldstein’s attorneys assert that the government’s selective use of testimony—first using it to make accusations and later refusing to disclose exculpatory details—undermines their credibility.
The defense has asked the court to consider sanctions against the prosecution, which could include an official rebuke for misleading statements. Additionally, two more defense motions are expected in the coming days to further investigate the allegations and determine the next steps in pre-trial proceedings. A hearing on the matter is scheduled soon, where the court will review the defense’s claims and consider possible actions against the government’s handling of the case.
