DOJ Counters Tornado Cash Developer’s Motion To Dismiss

The US Division of Justice has launched a rebuttal to Twister Money developer Roman Storm’s movement to dismiss the felony costs levied towards him by the federal government. In a submitting submitted on Friday, the DOJ rebuffed a number of arguments made by the defendant’s attorneys whereas nudging the court docket to make sure the case undergoes a correct trial.

DOJ Fires Again At Roman Storm

On August 23, the DOJ introduced an indictment towards Storm and fellow Twister Money co-founder Roman Semenwov for his or her function within the “creation, operation, and promotion” of the favored crypto mixer platform. The US prosecutors charged each events with conspiracies to commit cash laundering, breach the Worldwide Financial Emergency Powers Act (IEEPA), and function an unlicensed money-transmitting enterprise. 

In response to such accusations, Storm, who’s at the moment within the custody of US authorities, filed a movement to dismiss on March 29. One of many defendant’s arguments said that Twister Money couldn’t be categorized as a money-transmitting enterprise because the platform doesn’t purchase management of customers’ funds at any level.

Nevertheless, the DOJ has rebuffed this argument stating a money-transmitting enterprise doesn’t essentially must exhibit management consumer funds in response to tips of the Monetary Crime Enforcement Community (FinCEN) and Part 1960 of the US Structure. The plaintiff states that in response to FinCEN, cash transmitters within the crypto house are platforms that make sure the switch of worth between two prospects whereas sustaining their anonymity. 

As well as, the US prosecutors additionally highlighted that Storm and his fellow builders maintained management over sure consumer transactions on Twister Money between August 2019 to March 2022, which is the timeframe referenced within the indictment. This assertion counters Storm’s earlier declare that builders had little affect on customers’ actions on the mixer.

An announcement from the petition learn: 

… the Twister Money founders personally permitted every particular person relayer who was licensed to course of withdrawals and maintained an inventory of those relayers. Later, in or about February and March 2022, they designed
and deployed a “relayer algorithm,” which used a method to assign relayers to explicit buyer withdrawals.

 

Authorized Battle Over Twister Money Intensifies

The DOJ’s newest petition represents a brand new twist to what may very well be a vital lawsuit for web3 builders.

Whereas the DOJ has constructed an argument on the entry of Twister Money to sanctioned events such because the North Korea Lazarus hackers group, the try by the US prosecutors to carry the builders chargeable for using their platform has stirred many feelings within the crypto group.

These considerations have up to now translated into three pro-crypto organizations every submitting an amicus temporary in assist of the defendants. In clear trams, it is a pivotal case able to setting a precedent in US crypto. 

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Featured picture from NBC, chart from Tradingview