United States prosecutors are asking the court to sentence former BitMEX employee Greg Dwyer to 12 months probation for wilfully failing to establish, implement and maintain an anti-money laundering (AML) program at the cryptocurrency exchange.

Dwyer had asked that the court recognize his time already served by refusing to sentence him to probation.

Dwyer, who initially pleaded guilty in August, was BitMEX’s first hired employee and eventually was appointed its head of business development.

Dwyer’s charge—violating the Bank Secrecy Act—carries a maximum penalty of five years in prison. He’s already paid a $150,000 fine as part of his plea agreement.