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The Breakdown

Tornado Cash Case Going to Trial

The Breakdown

Blockworks

Business, Investing

4.8806 Ratings

🗓️ 2 October 2024

⏱️ 13 minutes

🧾️ Download transcript

Summary

Is it a standard money-laundering case or are the implications for privacy and free speech more significant? The case against Tornado Cash founder Roman Storm is heading to trial after a judge has rejected his motion to dismiss. Enjoying this content? SUBSCRIBE to the Podcast: https://pod.link/1438693620 Watch on YouTube: https://www.youtube.com/nathanielwhittemorecrypto Subscribe to the newsletter: https://breakdown.beehiiv.com/ Join the discussion: https://discord.gg/VrKRrfKCz8 Follow on Twitter: NLW: https://twitter.com/nlw Breakdown: https://twitter.com/BreakdownNLW

Transcript

Click on a timestamp to play from that location

0:00.0

Welcome back to The Breakdown with me, NLW.

0:08.3

It's a daily podcast on macro, Bitcoin, and the big picture power shifts remaking our world.

0:18.4

What's going on, guys? It is Monday, September 30th, and today we have an update in the

0:23.5

Tornado Cash case. Before we get into that, however, if you are enjoying the breakdown, please

0:27.6

go subscribe to it, give it a rating, give it a review, or if you want to dive deeper into the

0:31.2

conversation, come join us on the Breakers Discord. You can find a link in the show notes or go

0:34.8

to bit.ly.slashblogel Pod. T. Tornado cash founder Roman Storm will stand trial after a federal judge denied his motion to dismiss.

0:43.5

Storm is facing three criminal charges of conspiracy to commit money laundering, conspiracy to

0:47.6

commit sanctions violations, and conspiracy to operate an unlicensed money transmitting

0:51.5

business. The case is being held by Catherine Polkfalia,

0:54.6

the same judge that is overseeing the Coinbase lawsuit, and has demonstrated an impressive

0:58.3

ability to grasp the legal issues surrounding digital assets in Defi. During a hearing on

1:03.0

Thursday, the judge found the government's allegations to be plausible enough to warrant a trial.

1:07.1

She said, at this stage in the case, the court cannot simply accept Mr. Storm's narrative that he is being prosecuted merely for writing code.

1:14.3

If the jury ultimately accepts this narrative, then it will acquit.

1:17.2

But there's no basis for me to decide that as a matter of law.

1:20.3

Instead, she was convinced that tornado cash was indistinguishable from other financial services and money transmitters.

1:25.6

The tornado cash case has been billed as the big

1:27.8

code is speech lawsuit for this generation, but the judge just wasn't buying it. Again, she said,

1:33.0

the functional capability of code is not speech within the meaning of the First Amendment. The court

1:36.9

finds that the government has a substantial interest in promoting a secure financial system,

1:40.9

by combating money laundering, by combating the operation of unregistered money-transmitting services, and by combating the evasion of sanctions.

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