Facebook
Twitter
LinkedIn

US Court Blocks Treasury Sanctions on Tornado Cash, Cites Overreach

US Court Blocks Treasury Sanctions on Tornado Cash, Cites Overreach

U.S. Court Rules Against Treasury in Tornado Cash Sanctions Case

In a landmark decision, the U.S. District Court for the Western District of Texas has ruled that the U.S. Treasury overstepped its authority by sanctioning the decentralised crypto mixer Tornado Cash. The ruling, titled “US Court Blocks Treasury,” delivered on Tuesday, represents a significant setback for the Treasury’s regulatory efforts concerning blockchain technology and smart contracts.

Background of the Case

The controversy began when the Treasury’s Office of Foreign Assets Control (OFAC) placed Tornado Cash and its associated addresses on the Specially Designated Nationals (SDN) list in August 2022. The sanctions were imposed citing the platform’s alleged involvement in laundering approximately $455 million, which was purportedly linked to the North Korean hacker group, Lazarus Group.

Tornado Cash, known for its role in the Ethereum blockchain, allows users to enhance their transaction privacy by pooling funds to obscure the details of individual transactions. While it is designed to protect user privacy, it has also been criticized for facilitating illicit activities by malicious actors.

Details of the Ruling

The court’s decision highlights the challenges regulatory bodies encounter when applying traditional laws to new and rapidly evolving technologies like blockchain and decentralised platforms. It also establishes a precedent that could shape the treatment of open-source software and digital assets under U.S. law, especially regarding neutrality and ownership.

Following the court’s decision, the native token of Tornado Cash, TORN, experienced a significant surge in its value, climbing to nearly $23.32, which marks an increase of over 200% by Wednesday morning, as per data from CoinGecko.

Implications of the Ruling

This ruling is particularly noteworthy as it represents the second time the Treasury has faced defeat in its attempts to regulate similar technologies. Previously, in November, the U.S. Fifth Circuit Court also ruled that the Treasury had exceeded its authority with similar sanctions on immutable smart contracts.

The court’s decision highlights the challenges regulatory bodies encounter when applying traditional laws to new and rapidly evolving technologies like blockchain and decentralised platforms. It also establishes a precedent that could shape the treatment of open-source software and digital assets under U.S. law, especially regarding neutrality and ownership.

The Texas court’s interpretations and precedents prompted the remand of the case to the district court for further proceedings.

Continued Legal Challenges

Despite this victory for Tornado Cash in the federal court, challenges persist as the platform and its developers remain under scrutiny. The “US Court Blocks Treasury” decision offers a momentary win, but in a separate case in New York, the court refused to dismiss money laundering charges against Tornado Cash co-founder Roman Storm last September. Storm faces accusations of operating an unlicensed money transmission business, facilitating sanctions evasion, and enabling laundering activities through the platform.

Alexey Pertsev, a developer, faces charges in the Netherlands for allegedly laundering $1.2 billion through Tornado Cash. This case underscores the ongoing legal and ethical challenges surrounding crypto platforms and their applications.

This case is a critical juncture for the crypto industry, as it navigates the fine line between innovation and regulation. For more insights into how blockchain technology is reshaping the legal landscape, visit our detailed analysis on Blockchain Democracy in the UK and explore the broader implications of these technologies in various sectors.

Stay updated with the latest developments in blockchain and cryptocurrency regulations by subscribing to our Daily Debrief Newsletter.

Facebook
Twitter
LinkedIn
Looking for your next role?
Looking to hire?