Tornado Cash Case Going to Trial
The Breakdown
Blockworks
4.8 • 806 Ratings
🗓️ 2 October 2024
⏱️ 13 minutes
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| 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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