Federal Court Appeal: Tornado Cash Users Challenge Treasury Sanctions

Estimated read time 3 min read

Whirlwind of Legal Challenges

A group of determined Tornado Cash users has thrown down the legal gauntlet, filing an appeal in the federal court against the U.S. Treasury’s decision to label the cryptocurrency mixer as a sanctioned entity. Mark November 13th on your calendars, folks, as this saga continues to unfold in the U.S. Court of Appeals for the Fifth Circuit.

Who’s in the Ring? The Plaintiffs

The appeal is spearheaded by an eclectic group of six plaintiffs: Joseph Van Loon, Tyler Almeida, Alexander Fisher, Preston Van Loon, Kevin Vitale, and Nate Welch. Their lawyers maintain that the Treasury has gone beyond its authority, a sentiment that could easily win a prize for the dramatic flair found in courtroom dramas.

The Treasury’s Special Designation

In August 2022, the U.S. Treasury’s Office of Foreign Assets Control decided to add Tornado Cash to its Specially Designated Nationals list. The plaintiffs argue that this was a hasty decision prompting uncalled-for outrage and controversy in the cryptocurrency community. It’s like declaring a popular restaurant unsanitary without a valid inspection—it just rubs people the wrong way!

Immutable and Ownerless: The Core Argument

The heart of the appeal revolves around the plaintiffs’ assertion that the smart contracts underlying Tornado Cash are “immutable and ownerless.” They claim that these contracts don’t meet the Treasury’s definition of “property” subject to sanctions. Who knew a bunch of code could stir up legal chaos?

The Support System: Advocates and Allies

Notably, Coinbase’s chief legal officer Paul Grewal jumped into the fray, voicing strong support for the plaintiffs on X (formerly Twitter), declaring that ordinary Americans can achieve extraordinary things. With all the drama surrounding this case, someone should consider writing a screenplay!

Coin Center and Legal Fracas

Adding another layer of intrigue, the crypto advocacy group Coin Center also filed a lawsuit against the U.S. Treasury concerning Tornado Cash. They didn’t fare much better, suffering a setback in Florida federal court and subsequently appealing their case in the Eleventh Circuit. It’s a legal domino effect in the crypto community!

Charges and Legal Consequences

Beyond sanctions, the Justice Department is on the case as well, having pursued criminal charges against Tornado Cash co-founders Roman Storm and Roman Semenov. Both face hefty accusations including money laundering and operating an unlicensed money-transfer business. Reminds you of a high-stakes game of poker where the ante just keeps going up!

A Future Shrouded in Uncertainty

The outcome of these appeals will undoubtedly impact the future landscape of cryptocurrency regulations and privacy. Will we see a re-examination of how authorities view decentralized platforms? Only time—and a few more court dates—will tell.

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