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vitalik and the ethereum foundation hold less than 0.5% of the eth supply.

"Your Honor, I didn't murder the victim today, just a few years ago. Surely that doesn't count?"

They crowdfunded $18M and used that to develop and issue tokens. It was clearly under their control at the time.

"Thou hast committed..." "Fornication? But that was in another country, and besides, the wench is dead."