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DOJ Opposition to Tornado Cash Developer's Motion

Apr 28, 2024

The US Department of Justice has opposed Roman Storm's attempt to dismiss criminal charges related to his involvement with Tornado Cash. The DOJ argues that there are factual disputes that need to be resolved by a jury and that a thorough evaluation during trial is necessary due to the complexity of the issues at hand.

Accusations of Illegitimate Operations

Roman Storm and Roman Semenov are facing allegations of money laundering, operating without the appropriate licenses, and violating sanctions laws through their association with Tornado Cash. The platform is accused of being used by entities like North Korea's Lazarus Group for laundering large sums of money.

DOJ's Definition of Tornado Cash

Contrary to the defense's claims, the DOJ describes Tornado Cash as a mixer that meets the criteria of a financial institution. The platform's structure, including its website, user interface, smart contracts, and network of relayers, supports the argument that Tornado Cash was established in 2019 as a financial entity.

Platform Control

The DOJ disputes Storm's assertion that he had no control over Tornado Cash's operations. Evidence suggests that Storm and his co-founders actively managed the mixer and made operational decisions from 2019 to August 2022, holding them responsible under the law.

Trial Preparation and Support Requests

As Roman Storm prepares for his trial in September 2024, his calls for support have faced obstacles, such as the withdrawal of funding proposals and the cancellation of a crowdfunding campaign. Despite challenges, Storm continues to engage with privacy advocates to highlight the potential implications of the case for software development and digital privacy rights.

Legal Ramifications for Tornado Cash

The legal actions against Tornado Cash have led to significant consequences, including the platform being added to the US Treasury's Specially Designated Nationals list. This decision prohibits Americans from using the mixer and underscores the broader debates around cryptocurrency regulation, privacy rights, and ethical considerations.

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