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The ongoing legal saga surrounding Tornado Cash, a cryptocurrency mixing service, has intensified as its co-founders face serious allegations of facilitating money laundering on a massive scale.
Roman Storm and Roman Semenov have been charged by the US Department of Justice (DOJ) with running a facility purportedly aiding in the laundering of over $1 billion in illegal money. This covers earnings from infamous cybercriminals such as Lazarus Group of North Korea.
The DOJ claims that Tornado Cash neglected required rules, including acquiring a money-transmitting license, which casts doubts on the operating validity of the platform. Storm argues that they never plotted to launder money and that Tornado Cash is just software code covered under the First Amendment.
However, the DOJ contends that this argument misrepresents the service’s functionality and its role in facilitating illegal activities.
Tornado Cash: Legal Actions Get Hot
Legal experts are closely observing how the court will view the junction of law and technology as the trial, scheduled for December 2, 2024, gets ready. Storm’s plea to dismiss the charges has already been denied by the judge, who said that matters brought up by his defense should be settled in court instead of through pre-trial motions.
In Q3 2024, in 30 out of the 156 incidents we recorded, @TornadoCash was the sole method used for laundering, accounting for ~$287M of stolen funds.
In 66 of the incidents stolen funds have yet to be laundered or returned. pic.twitter.com/a7cgSyRttA
— CertiK Alert (@CertiKAlert) October 4, 2024
This decision emphasizes how difficult it is to fit conventional legal systems to decentralized technology like Tornado Cash. A report from Certik discloses that Tornado Cash is still a favorite tool for hackers; in Q3 2024 alone, it was connected to laundering $287 million over several events. This continuous use begs questions on how authorities will handle the problems presented by decentralized finance (DeFi) systems.
The Bigger Picture
This case has consequences beyond only Tornado Cash and its founders. It draws attention to the conflict developing between the necessity of regulatory control to fight financial crime and privacy in crypto transactions. Although Tornado Cash might provide real consumers with a means to keep financial privacy, its connection to criminal activity calls into doubt its standing among the crypto community.
What Lies Ahead
Many people are left wondering how future rules will affect the scene of cryptocurrencies and whether privacy can coexist with compliance as authorities intensify enforcement activities against mixers and other privacy-oriented services.
Featured image from Pixabay, chart from TradingView
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