Alexey Pertsev, developer of Tornado Cash, remains in custody as he prepares to appeal money laundering charges.
Pertsev’s bail has been denied three times, with the court citing safety protocols and flight risk concerns.
Pertsev’s case raises legal questions about software developers’ liability for third-party misuse of their creations.
Developer of the United States Office of Foreign Assets Control (OFAC)-sanctioned crypto mixer Tornado Cash Alexey Pertsev is still under detention as he gets ready to challenge money laundering allegations. The court turned down Pertsev’s bail request on July 13, therefore marking the third rejection of his bail petition.
Alexey will spend the next year in jail while his legal team prepares for the appeal hearing.This is a gross miscarriage of justice. Developers do not belong in jail for the actions of third parties.Please consider donating to Alexey's defense. Link in the next post. https://t.co/kWHwODzygX
— Free Pertsev & Storm (@FreeAlexeyRoman) July 12, 2024
Pertsev’s defense lawyer, Keith Cheng, expressed surprise at the court’s decision to deny bail, noting that a request for Pertsev to access a computer to prepare for his appeal was denied. The court maintained that continued detention would not hinder Pertsev’s ability to prepare his defense. They added that computer access was against safety protocols.
Judith de Boer, another lawyer for Pertsev, criticized the court’s decision. She argued that pre-trial detention in such cases with fundamental legal questions was unacceptable. De Boer emphasized that this case raises significant issues about the criminal liability of software developers for third-party misuse of their creations.
On May 14 the “s-Hertogenbosch Court of Appeal of Appeal in the Netherlands declared Pertsev guilty of money laundering. Allegedly using the Tornado Cash platform to launder $1.2 billion worth of illegal assets, he was sentenced to five years and four months. :
Previously rejecting Pertsev’s bail requests, including those from November 2023 and February 2024, the court had The prosecution claimed that Pertsev was a major player in the running of Tornado Cash and presented a flight hazard.
The denial of Pertsev’s bail has sparked reactions from the crypto community with an X account associated with JusticeDAO, an organization raising funds for the legal defense of Tornado Cash developers, condemning the ruling. The account described the decision as a “gross miscarriage of justice” and reiterated that developers should not be jailed for the actions of third parties.
During his March trial, Pertsev said he could not be held accountable for individuals using the Tornado Cash system. Still, the court turned down this claim, saying that Pertsev and his associates would have tightened security if they had wished to stop illegal activities.
Alexey Pertsev is still under custody, hence his legal team keeps getting ready for the next appeal. The case has attracted a lot of interest as it raises difficult legal issues about software creators’ responsibility. While the prosecution claims Pertsev’s degree of participation in the operation is severe, his defence contends the ruling creates a troubling precedent.
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