Three Conversations With the Prosecutor Before You Draft
checklist
Core idea
Three conversations with the prosecutor, held before you draft the report, prevent the two failures that sink blockchain cases in litigation: writing in the wrong witness role, and building attribution you cannot legally anchor.
Components
Settle all three before drafting:
- Witness designation. Fact or expert? This decides how every sentence in the report is written.
- Legal process required. Which subpoenas or court orders are needed to anchor the attribution (Layer 3) so it survives at trial, not just during the investigation.
- Anticipated court questions. Surface the gaps early. How was the address linked? Could anyone else have accessed the wallet? What changed since the analysis snapshot, and can you defend that snapshot or re-run it?
When to use
At the hand-off between a completed trace and report drafting, whenever the matter may reach court.
Related
The Three Layers of Blockchain Evidence, Fact Witness vs Expert Witness, Compelling VASP Disclosure: The Legal-Process Ladder, Court-Tested Attribution Evidence Types
Last updated on