They added that Nowlin failed to establish he could not have discovered the Discord messages earlier with due diligence. The messages, stored in Nowlin’s own Discord account, were accessible to him prior to trial, prosecutors noted.
Nowlin claimed he could not access the account due to court restrictions on computer use, but prosecutors said the government obtained and provided records from a different account in discovery.
Prosecutors also dismissed the significance of the messages, stating that they addressed only one misrepresentation about “staking”—a process where NFT holders agree not to sell for a set period to increase value. Victims testified that staking was one of many false promises made to encourage investment in the “Undead Tombstone” NFTs.
“The argument presented here has already been considered at trial and, apparently, rejected by the jury. Allowing the proffered evidence to be presented at a subsequent trial would only serve to be cumulative and/or impeachment evidence,” the filing stated.
