Craig Wright’s Lawyers Slam Court Order Based on 'Personal Attacks'

Published at: April 10, 2020

Lawyers for Satoshi claimant Craig Wright have strongly criticised a magistrate's order as wrong in law and “based in significant part on personal attacks” against Wright and his Kenyan attorney.

Wright‘s team was objecting to the Order on Discovery filed in the U.S. District Court in the Southern District of Florida, that required him to produce a cache of 11,000 documents in a multi-billion lawsuit issued by the estate of his late business partner Dave Kleiman. They said the "order is clearly erroneous and contrary to law. It should be reversed and vacated”.

Earlier in the case, Magistrate Judge Bruce E Reinhart dismissed Wright's attempts to claim attorney client privilege over the documents using a variety of different legal arguments. Reinhart said he “gave no weight” to Wright's sworn statements, and that he had been known to produce fake documents.

‘I am lawyer’ says note from Kenyan man

Wright had submitted a sworn, un-notarised declaration from a Kenyan man named Denis Bosire Mayaka who he claimed was his attorney. The note said: "I am lawyer [sic] and obtained my bachelor of law degree in 2007 from Moi University in Kenya.” Reinhart said it “could easily have been generated by anyone with word processing software and a pen.”

In his ‘Objection of Magistrate Order on Discovery’ Wright’s attorneys said doubts over their client’s credibility and prior determinations about forgery should not have been a factor when considering Mr Mayaka’s credibility.

"Plaintiffs interject that “the credibility of a witness is always relevant.” But that is a non-sequitur. The “witness” in the declaration—and whose credibility is at “issue”—is Mr. Mayaka, not defendant. And in any event, prior determinations of forgery on unrelated issues is not an issue of credibility unless, of course, one were making a propensity argument."

Wright’s legal team also accused the plaintiffs — the Kleiman Estate — of offering no evidence to support their claims he intentionally hid documents and did not comply with discovery. Attacking the plaintiffs directly, the lawyers asserted “they drone on for pages about other subjects, such as Tulip trusts and bonded couriers.” 

Tinker, tailor, courier, lawyer

The ongoing lawsuit was brought by Ira Kleiman, deceased brother of Wright’s former business partner David Kleiman, to claim his brother’s share of the Tulip Trust. At the time of press, 1,100,111 BTC from the trust would be worth approximately $8 billion.

One of the central arguments to Wright’s claims is that a third party had access to private keys for 1.1 million Bitcoin (BTC) in the Tulip Trust who could deliver them to Wright as ordered to do so by the court. 

However, when pressed by the court to produce documents from the courier related to a previously unidentified “Tulip Trust”, Wright claimed they were protected by his attorney-client relationship with Mayaka, spousal privilege and privilege relating to his involvement with 17 companies.

Wright’s attorneys said of the order rejecting all of that:

“It runs afoul U.S. law and the rules of evidence in rejecting the Mayaka Declaration. It concludes without any evidentiary support that the corporations were defendant’s alter ego, thereby finding that he used the corporations for fraudulent or illegal purposes. It claims that there is no evidence of defendant’s connection to the corporations but ignores the fact that the Magistrate didn’t let defendant introduce that evidence. It fails to acknowledge that the documents are privileged under Florida law. It misconstrues Australia law to avoid the Judicial Comity Doctrine. It concludes without any basis that the foreign corporations waived their attorney-client privilege. It ignores the extensive case record in finding that defendant waived his objection that the documents were not in his possession, custody, or control. And it made no effort to determine whether the privileged communications were even relevant to this lawsuit before ordering their wholesale production.”

Tags
Law
Related Posts
Judge Slams Craig Wright for Forged Documents and Perjured Testimony
Update March 11: Craig Wright now has until March 12 to produce sufficient documentation detailing the quantity of Bitcoins held by the ‘Tulip Trusts’ and their corresponding Bitcoin addresses. Judge Bruce Reinhart has slammed Craig Wright for producing forged documents and giving perjured testimony during the ongoing litigations between Wright and Ira Kleiman during a hearing concerning the Tulip Trust. Reinhart questioned Wright’s credibility, noting that — in the past — the self-proclaimed Satoshi Nakamoto had openly lied to the court: “Particularly given my prior finding that Dr. Wright has produced forged documents in this litigation, I decline to rely …
Bitcoin / March 10, 2020
Bitmessage Developer: Craig Wright Faked Documents on Bitcoin Creation
The developer of peer-to-peer messenger Bitmessage, Jonathan Warren, testified against Australian computer scientist Craig Wright, stating that some of Wright’s documents in a recent trial were faked. Per a court document released on Aug. 13, Warren testified in the course of an ongoing lawsuit against Wright filed by the estate of David Kleiman, who was a cyber-security expert, whom many believe to have been one of the first developers behind Bitcoin (BTC) and blockchain technology. Access to Bitmessage In the U.S. Southern District of Florida court, Warren confirmed his role in the development of Bitmessage, also claiming that neither Wright …
Bitcoin / Aug. 14, 2019
Craig Wright Asks for 30-Day Extension to Delay 500K Bitcoin Payout
Craig Wright, a self-proclaimed inventor of Bitcoin (BTC), has asked for another extension of a deadline to settle his case involving his late partner Dave Kleiman. Wright entered negotiations On Sept. 17, Wright’s attorneys filed a new 30-day extension for all discovery and case deadlines, citing the need to facilitate the ongoing discussions with Dave Kleiman’s estate as the parties have entered “extensive settlement negotiations.” According to the document, Wright’s lawyers and Kleiman’s estate have reached a non-binding agreement to settle the matter and are continuing to negotiate and finalize all relevant terms. Citing a number of upcoming case deadlines …
Bitcoin / Sept. 18, 2019
Craig Wright Uses Falsified Docs to Prove Innocence in Kleiman Case: Report
Self-proclaimed Bitcoin (BTC) creator Craig Wright has allegedly provided fabricated court documents to prove a trust deed with his plaintiffs, as seen from documents revealed by trial lawyer Stephen Palley on Twitter on July 3. According to Palley, the self-styled Satoshi Nakamoto has failed to prove his case by presenting court documents that Palley alleges to be fake, as they contain multiple chronological discrepancies. Among the exhibits filed with the District Court for the Florida Southern District on July 3, there is a document submitted as proof of cooperation between Wright and the now-deceased David Kleiman, whose lawyers filed the …
Bitcoin / July 4, 2019
Craig Wright Failed to Disclose Bitcoin Holdings in Court Case, Says Lawyer
The legal counsel for a plaintiff in a bitcoin (BTC) theft case involving Australian computer scientist Craig Wright, said that Wright — the defendant — failed to disclose his bitcoin holdings per court order. Devin Freedman of law firm Boies Schiller Flexner made his statements in a tweet on June 21. As Cointelegraph previously reported, in May a United States court ordered Wright to produce a list of his public bitcoin addresses as of Dec. 31, 2013. Freedman declared that, since he has not complied, “he remains under an order to show cause why [Judge Florina] Reinhart shouldn’t issue sanctions” …
Bitcoin / June 23, 2019