Coin Center is appealing a previous ruling from the U.S. District Court for the Northern District of Florida, which determined that Tornado Cash created indirect benefits for foreign individuals and entities, which could be defined as financial interests subject to sanctions from the Office of Foreign Assets Control (OFAC).
Coin Center's legal advisor Jeffrey S. Hetzel told the 11th Circuit Court of Appeals: 'The simplest way to resolve this case is to find that there is no foreign property in the plaintiff's transactions. The district court must remove the term property from the regulations.' Hetzel stated: 'The government argues on appeal that software posted to banned addresses is property, but that software is non-proprietary code that cannot be owned, controlled, or modified by anyone on Earth in any way.'