Roman Storm, creator of the cryptocurrency mixing platform Tornado Cash, has petitioned the court to drop the criminal charges brought against him by U.S. authorities. This move follows a significant legal decision made by the Fifth Circuit Court, which declared that sanctions imposed by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) on Tornado Cash’s immutable smart contracts were illegal.
In his court filing, Storm argues that the recent court ruling undermines the basis of the accusations leveled against him. The appeals court’s finding that autonomous smart contracts, which operate without human intervention or control, cannot be deemed ‘property’ under the law raises questions about how Storm could have violated the International Emergency Economic Powers Act (IEEPA), given that he had no control over Tornado Cash’s smart contracts.
Storm’s legal team contends that he had no involvement with the specific transactions mentioned in the indictment and was unable to prevent their occurrence. His attorneys state, “Mr. Storm could no more choose to stop these alleged transactions than he could choose to stop the sun from rising.” They further argue that the immutable nature of the smart contracts at issue absolves him of criminal liability.
Furthermore, Storm has requested the dismissal of additional charges against him, including conspiracy to operate an unlicensed money-transmitting business and a money laundering charge. His lawyers contend that these charges are based on flawed legal grounds and mischaracterize the nature of Tornado Cash’s smart contracts.
They maintain that since these contracts operate autonomously without oversight, Storm cannot be held responsible for any transactions processed through the platform. Finally, Storm asserts that the Fifth Circuit’s ruling demonstrates the government’s expansive interpretation of criminal statutes, which violates his due process rights and supports his motion to dismiss all charges.
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