fiatjaf on Nostr: Well, well, well... ...

Well, well, well...

quoting nevent1q…n40x

Wake up babe, there's a new filing in Tornado Cash:

Roman Storm's defense has filed to drop all criminal charges as last months sanctions reversal shows all counts of the indictment are "fatally and legally flawed".

In the sanctions reversal, the Fifth Circuit found that the software does not constitute property and cannot be owned or controlled, leaving the Government's case against Storm hardly a leg to stand on:

Much of Storm's prosecution relies on the Government's ability to prove that Storm operated a service over which he held sufficient control.

According to the defense:

If Tornado Cash is not property and cannot be owned, then it cannot be a “business” at all, let alone a “money transmitting business.”

As argued in the newly filed motion:

The Fifth Circuit "confirms that the government will never be able to prove that Mr. Storm had control over the proceeds of the specified unlawful activity."

In the legal system, Circuit appellate courts exist to review whether district courts have applied the law correctly, holding the ability to set binding precedent.

While Storm's criminal prosecution lies outside of the Fifth Circuit's jurisdiction, the ruling may be sufficiently persuasive to end the US Government's witch hunt and incredible misinterpretation of the law.

Full story: https://www.therage.co/tornado-cash-storm-van-loon/