Alexey Pertsev, creator of Tornado Cash, leaves Dutch prison and transitions to house arrest while appealing a $7 billion laundering charge.
Release Under House Arrest
Alexey Pertsev, held in Dutch custody for nearly two years, has been released from pretrial detention in favor of electronic monitoring. This court decision allows Pertsev to prepare his appeal from home. 'It is not real freedom, but it is better than jail,' Pertsev posted on social media. His lawyer, Judith de Boer, confirmed the shift, stating it allows a focus on his defense under fairer conditions.
Legal Defense Arguments
During the trial, Pertsev maintained that the software was designed for transactional privacy, not illegal activity. He argued that responsibility for tool usage lies with the users, not the developers. In November 2023, a US federal court overturned sanctions against Tornado Cash, stating that its automated design prevents direct control over funds and cannot be classified as property. This strengthened Pertsev’s appeal arguments, now active in both Dutch and US courts.
Case Impact on Community
While Pertsev's release marks a procedural shift, co-developers Roman Storm and Roman Semenov face separate charges. Storm awaits trial in the US, while Semenov remains at large under an international warrant. Dutch prosecutors continue to assert Pertsev’s role in enabling crime, despite the US court’s distinction between tool creation and operational oversight. Pertsev's case underscores unresolved tensions between privacy rights and regulatory enforcement in decentralized technologies. He plans to challenge his conviction, citing the US ruling as a potential turning point.
Pertsev’s appeals could influence how global jurisdictions treat developers of open-source tools, intensifying debates over code accountability.