During a hearing in Seattle, Federal Judge Richard Jones cast doubt on the Justice Department’s request for a “years-in-prison” sentence, arguing that there is no proof that the defendant “was ever aware” of any illegal activities at Binance.

“I cannot agree with that recommendation,” Jones said, according to a transcript of the hearing. “I disagree with that recommendation.”

The Justice Department has asked that the judge impose a sentence of between 10 and 16 months in jail and three to three years supervised release.

The court finds that the defendant has acknowledged his guilt, the judge stated. “All I can discern about you and your conduct is of a penitent nature,” the judge told Zhao as he began reading from his order.

According to a court document published after the hearing concluded, the judge recommended that Zhao serve his sentence in the Federal Detention Center in SeaTac. However, the judge did not make a final recommendation. The Bureau of Prisons (BOP) will determine whether or not the sentence should be transferred to SeaTac. The Probation & Pretrial Services Office (PSO) will set a date for Zhao to turn himself in.