Defense lawyers have requested a judge to sentence the individual involved in posting a fake message about the regulatory approval of Bitcoin exchange-traded funds to approximately a year in prison, opposing prosecutors’ plea for a two-year sentence. In a filing dated May 13 in the US District Court for the District of Columbia, Eric Council Jr.’s legal team urged for a sentence not exceeding one year and one day following his guilty plea. Council was part of a group that gained control of the US Securities and Exchange Commission’s (SEC’s) X account in 2024 through a SIM swap attack, disseminating a message implying the regulator had endorsed spot Bitcoin (BTC) exchange-traded fund listings. The defense stated that a twelve-month and one-day sentence would serve the interests of justice, adequately penalizing the defendant and deterring future criminal activities. Initially pleading not guilty, Council later changed his plea to guilty in February on one count of conspiracy to commit aggravated identity theft and access device fraud. The sentencing for Council is scheduled for May 16. Prosecutors have requested a two-year sentence, alleging that he profited from a sophisticated fraud scheme, earning about $50,000 through similar SIM swap attacks. While Council’s case nears its conclusion with the upcoming sentencing, the appointment of Fox News host Jeanine Pirro as the interim US attorney for the District of Columbia by US President Donald Trump on May 8 could potentially impact the prosecution of crypto-related cases in the DC court district.
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