The Department of Justice (DOJ) has confirmed that it will press charges against Roman Storm, co-founder of the Ethereum coin mixer Tornado Cash, for conspiracy to commit money laundering, evade U.S. sanctions, and transmit funds that he knew were criminally derived. This announcement follows a rejection of Storm's argument that his work constituted free speech, with a federal judge ruling that the application of computer code in facilitating alleged money laundering is not a First Amendment-protected activity. Although the DOJ will drop one conspiracy charge related to operating an unlicensed money transmitter business, which contradicts prior guidance from FinCEN suggesting that non-custodial entities like Tornado Cash are not considered money transmitters, they will continue to pursue charges. The case is part of a broader shift in the DOJ's approach towards crypto mixers, as indicated by a recent internal memo advocating for a focus on actions by bad actors rather than punitive measures against the platforms themselves.

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