Key Points:
Storm’s lawyers argue that Tornado Cash, designed to obscure the origin and destination of cryptocurrency transfers, does not equate to money laundering.
In a filing to the United States District Court for the Southern District of New York, the Tornado Cash dev legal team emphasized that Tornado Cash was developed and publicly available before being utilized by hacking groups sanctioned by the U.S. Department of Treasury. They contend that Storm had limited control over its use by sanctioned entities.
The charges against Tornado Cash dev stem from accusations of facilitating the North Korean Lazarus Group‘s efforts to bypass U.S. sanctions, purportedly funding its nuclear program. Alongside fellow developer Roman Semenov, Storm was indicted last summer on charges including conspiring to commit money laundering and violating the International Emergency Economic Powers Act.
The defense’s motion highlights key points challenging the charges, asserting that Tornado Cash does not qualify as a money transmitting business as users retain control over their funds without direct fees. It also stresses Storm’s lack of direct involvement with later users engaging in illegal schemes through Tornado Cash.
Furthermore, the defense argues that Storm and Semenov relinquished control of the platform’s smart contracts before the alleged criminal actions occurred, undermining claims of conspiracy. They maintain that Storm cannot be held liable for independent decisions made by users of the software developed by him and his team.
Storm’s legal team contends that building Tornado Cash aimed to provide financial privacy to legitimate cryptocurrency users, discrediting assertions of criminal intent.
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