Virgil Griffith, a former Ethereum developer who was sentenced to 63 months in prison for assisting North Korea with blockchain technology, has requested a reduction in his sentence. The request was made in a letter from his attorney, Glen Garrett McGorty, to Judge Kevin Castel of the United States District Court for the Southern District of New York on April 17. The letter argues that Griffith should qualify for a reduction based on newly enacted revisions to U.S. sentencing guidelines. These revisions provide a two-point offense level reduction for certain “zero-point” offenders.
Griffith, who pleaded guilty to violating sanctions laws by attending a conference in North Korea and assisting the state with blockchain technology, was sentenced to 63 months and a $100,000 fine in April 2022. The letter states that Griffith meets the criteria for a two-point reduction as a “zero-point” offender according to the revised guidelines.
If the reduction is granted, Griffith’s total offense level would decrease from 26 to 24, resulting in a revised guidelines range of 51 to 63 months. This could potentially reduce his sentence by a year or more. The letter requests that the court instruct the U.S. Probation Office to prepare a revised pre-sentence investigation report, schedule a resentencing hearing, and allow for a briefing schedule so the defense can present updated information and arguments in support of their reduction request.
A “zero-point” offender is defined as a first-time, non-violent offender whose crime indicates a lower risk of recidivism compared to other offenders.
In addition to his prison sentence, Griffith also faces a 10-year export privilege ban imposed by the U.S. Department of Commerce in May 2023. This ban prohibits him from engaging in any transactions involving commodities, software, or technology under the jurisdiction of U.S. export regulations.
The request for a sentence reduction comes at a time when lawmakers in the U.S. are proposing stricter regulations for cryptocurrencies, fueled by fear and uncertainty surrounding their use.