Roman Storm, one of the creators of the Tornado Cash venture, is accused of conspiracy to launder money, among other crimes. Tornado Cash’s defense approach doubted the responsibility of its coder once they surrendered control of Tornado Cash, even though the alleged criminal activity was on the ground. Storm’s lawyer argues that coding is a form of expression protected by the First Amendment’s freedom of speech.
The defense motion questions the validity of the charges, arguing that the software is not a business providing money transmission services because users maintain control and there are no fees involved. It questions the notion of control through a conspiracy after the 2020 release and whether or not parties are maligning Storm.
The case is one of the most prominent in the DEFI arena as it has generated enough public attention, and $1.5 million has been received for the defense fund. Whether an individual will be responsible for such negligence defines the existing legal standards and potential implications on other decentralized finance projects.
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