Who is Satoshi Nakamoto?

The New York Times has a very interesting investigative report here on the long standing mystery -- who is the founder of bitcoin?  

I know the article is a little off-topic but it got me thinking about proof and what it means to prove something.  Read the piece and let me know whether you think the author proved beyond a reasonable doubt that Satoshi is Adam Back.  

Here's the lede:

One evening in the fall of 2024, my wife and I were sitting in traffic on the Long Island Expressway when, tired of listening to the jazz-funk station I often played on our drives, she switched to a podcast.

It was “Hard Fork,” the New York Times tech show, and the hosts were discussing a new HBO documentary claiming to have unmasked Bitcoin’s pseudonymous inventor, Satoshi Nakamoto.

I was instantly riveted. I had long considered the question of Satoshi’s true identity one of our age’s great enigmas and had poked at it before without success. Two years earlier, I had even spent several months researching a book on the subject. But I soon realized I was out of my depth and reluctantly gave up.

Hearing that someone else might have finally identified the shadowy figure who had revolutionized finance, spawned a $2.4 trillion industry and amassed one of the world’s biggest fortunes in one stroke of staggering genius aroused in me a mixture of admiration and envy. I couldn’t wait to watch the film. As soon as we got home that night, I logged in to the HBO Max app and pressed play.

In the end, I found the conclusion of “Money Electric: The Bitcoin Mystery” unconvincing: HBO singled out a Canadian software developer based on what seemed like very thin evidence. But as I watched what was an otherwise entertaining romp through the world of crypto, one scene caught my attention.

Adam Back, a British cryptographer and leading figure in the Bitcoin movement, sat on a park bench in Riga, Latvia, his shirt untucked under a brown coat. The filmmaker casually rattled off the names of several Satoshi suspects. At the mention of his own name, Mr. Back tensed up, strenuously denied he was Satoshi and asked that the conversation be kept off the record.

Having encountered my share of liars and developed something of an expertise in their tells, Mr. Back’s demeanor — his shifty eyes, his awkward chuckle, the jerky movement of his left hand — struck me as fishy. When the credits rolled up, I replayed the sequence several times on my TV.

Appellate Argument on Alligator Alcatraz Injunction

By Jordi C. Martínez-Cid

On Tuesday, an Eleventh Circuit panel consisting of Chief Judge Pryor, Judge Brasher, and Judge Abudu heard oral argument on the so-called “Alligator Alcatraz” case. Jesse Panuccio argued for the State of Florida, Adam Gustafson argued for the Federal Government, Paul Schwiep argued for the environmental groups, and Elliot Kula argued for the Miccosukee Tribe.

The panel focused on whether the federal government’s involvement with the immigrant detention facility was sufficient to trigger the National Environmental Policy Act (NEPA). The appeal challenges a preliminary injunction issued by Judge Williams in August that effectively required the temporary shutdown of the facility pending environmental review.

Mr. Panuccio and Mr. Gustafson emphasized that the detention site is state-owned, state-built, and state-controlled and thus the injunction incorrectly held that Florida was subject to NEPA and incorrectly limited state action. Mr. Schwiep countered that the facility exists solely to serve a federal immigration function and would not exist “but for” federal enforcement needs. In the appellees' view, Florida effectively outsourced federal immigration detention, making federal law applicable despite nominal state ownership or control. Mr. Kula emphasized the robust findings of fact made by Judge Williams which he argued are entitled to discretion.

It was an interesting issue and well argued. The full oral argument is available at this link. The case is Friends of the Everglades, Inc. v. Secretary of the United States, case number 25-12873.

Reprehensible Conduct

By John R. Byrne

Curious about what level of racial discrimination will give rise to a punitive damages award? Look no further than the Eleventh Circuit's recent decision in Faulk v. Dimerco Express USA Corp. The jury awarded Faulk $390,000 in compensatory damages and a whopping $3,000,000 in punitive damages for Dimerco withdrawing his job offer when Dimerco's president, Herbert Liou, discovered Faulk was black. But there was more to it than just the withdrawal of the offer.

• When Liou was interviewing for the president position with the company's founder, one of his proposals was “[h]iring Caucasian Sales & Marketing Manager/VP in LAX/NYC respectively";
• At trial, Liou testified that Dimerco needed “Caucasian” managers to “attract the Caucasian market";
• At trial, another Dimerco employee testified that Liou told her that "his preference was “Caucasian, young, white men” because “they were . . . work horses";
• Later, that same Dimerco employee emailed Liou, noting that “it’s discriminating to search for [a] candidate based on race." Liou's proposed response, which he actually sent to the company's director of compliance for review, was that Dimerco "is focusing on [the] Caucasian Market." The director's response to Liou (which proved somewhat prescient): "[i]f [you] put[] in writing that you want a specific race . . . , [b]oth you and the company are guilty of discrimination and if we ever get a legal complaint, these emails will result in a guilty verdict and large damage award.” 

Writing for the Court, Judge Pryor described Dimerco's conduct as "reprehensible" and affirmed the punitive damages award, reasoning that it wasn't constitutionally excessive.

The opinion is also worth a read for how the district judge (and later the Eleventh) handled inappropriate arguments made by Faulk's attorney during opening and closing. The district judge, Judge Michael Lawrence Brown out of Northern District of Georgia, reprimanded the attorney in real time but didn't issue a requested curative instruction or grant a new trial. The Eleventh Circuit held the trial judge acted within his discretion. That seems right. I feel like curative instructions can sometimes make matters worse in the "don't think of a pink elephant" sense. Opinion here. 

Yeney Hernandez sworn in, Guest Post by Lindsey Lazopoulos Friedman

Yeney Hernandez sworn in, Guest Post by Lindsey Lazopoulos Friedman

photo by Jon Kobrinski
 

Congratulations to Yeney Hernandez on being sworn in as the Southern District’s newest United States Magistrate! Chief Judge Altonaga swore Judge Hernandez in this morning, where Judge Hernandez wore a robe that,  as Judge Lauren Louis explained, has been passed down from Judge Seitz to each newly invested female Judge in the Southern District as a symbol of their embrace and support. 

 

Ed Stamm, Assistant U.S. Attorney and Acting Chief of Public Corruption, talked about Judge Hernandez’s many contributions to the U.S. Attorney’s Office, and how she did so with humility and integrity, the gold standard of public service. Judge Hernandez’s husband AUSA Jason Wu, spoke how about hard she works behind the scenes, how committed she is to justice, and how she always strove to show fairness to victims and defendants alike. 

 

I also spoke, and like the other speakers, couldn't help but notice how much Judge Hernandez embodies the American Dream. Judge Hernandez and her family escaped communist Cuba and spent months - including her 7th birthday - at Guantanamo Bay, making their way to the United States. Her father, formerly a doctor in Cuba, become a truck driver in Miami and her mom worked two jobs to make ends meet. Judge Hernandez fondly remembered her mother leaving chocolates (Ferrero Rocher) after coming home from her Saturday night shift for Judge Hernandez to find when she woke up. Judge Hernandez would go on to attend Duke (as a double major), followed by Yale Law School (where she served as an editor on two journals), followed by a clerkship on the Sixth Circuit and several years at a prestigious law firm before spending over ten years at the U.S. Attorney’s Office. 

 

Judge Hernandez also spoke, paying homage to her parents and recognizing and thanking them for their dedication and sacrifices. She also affirmed her commitment to the Constitution and Oath of Office, and thanked the community for their contribution to her own great achievement. She looks forward to hitting the ground running, and Judge Altonaga looks forward to it too! 

Friday News & Notes

 By John R. Byrne

A few items of interest. 

1. Two big trials--the David Rivera trial (before Judge Damian) and trial of the men accused of assassinating Haitian president Jovenel Moïse (before Judge Becerra) will continue into next week. An opportunity to witness high-quality lawyering in high-profile cases.

2. How about the Harris County, Texas judge going viral for how he treated a court IT worker? Kudos to the IT worker for keeping his cool. And it doesn't appear that the judge just had a single bad moment. The article also shows a clip of him threatening to handcuff a lawyer for making an argument. Next time you have a bad day in court, remember that things could always be worse. You could be in Harris County!

3. The Jewish American Heritage Month event will be held at the Wilkie D. on May 5. Judge Leibowitz is moderating a discussion with Alyza Lewin (President of U.S. Affairs for Combat Antisemitism Movement) and Dr. Keren Yarhi-Milo (Dean of Columbia University School of International & Public Affairs).

Details on RSVP'ing below.

4. Happy Easter and Happy Passover to those who celebrate. 

United States v. Florida

By Jordi C. Martínez-Cid

Yesterday the Eleventh Circuit issued an opinion, authored by Judge Jordan, generally upholding Judge Middlebrooks' trial rulings and broad permanent injunction in favor of the Federal Government. Judge Middlebrooks essentially found that Florida’s Medicaid Agency violates Title II of the American with Disabilities Act ("ADA") by unnecessarily institutionalizing children with medical needs and placing others at a serious risk of institutionalization. Judge Brasher dissented, arguing that the serious risk identified by the trial court does not constitue a concrete violation of the ADA. Interestingly, Judge Brasher concludes that "It seems likely to me that, somewhere in Florida, there is a child with serious medical needs who has a strong Olmstead claim" but that the majority's opinion does not vindicate that child's rights and does not necessarily prevent the harm in the future. The opinion and dissent can be found here.

Breaking -- Judge Jeffrey Kuntz nominated to SDFLA.

From DJT's Truth Social post:

It is my Great Honor to nominate Jeffrey Kuntz to serve as Judge on the United States District Court for the Southern District of Florida. As the Highly Respected Chief Judge of Florida’s Fourth District Court of Appeal, Jeffrey has been TOUGH and SMART, and delivered strong results for the Sunshine State. A proud graduate of Boston College, who earned his J.D. at Suffolk University Law School, Jeffrey has demonstrated his commitment to the Rule of Law throughout his career. He will always defend our Great Constitution, and put our Country, FIRST. Congratulations Jeffrey!

Making History

By John R. Byrne

Yesterday, the Court hosted its first ever Women's History Month event, and it didn't disappoint. Judge Williams moderated a discussion with the panelists. A recurring theme was that the panelists grew up in families with strong women who encouraged them to pursue their dreams. 

A nice moment was when the panelists were asked about female lawyers or judges who had inspired them. Judge Becerra said that, though she had aspired to be a judge when she was a young lawyer, it took her seeing someone with a background like hers reach the bench to believe her dream was attainable. That judge? Her fellow panelist, Chief Judge Altonaga.

Of all the panelists, former judge Rosemary Barkett seemed to have the most fun (and delivered some great laugh lines).

Pictured from left to right: Rosemary Barkett, Magistrate Judge Detra Shaw-Wilder, Chief Judge Altonaga, Tiffani Lee of Holland & Knight, Judge Kathleen Williams, Judge Robin Rosenbaum, and Judge Jaqueline Becerra.