Washington, D.C. (April 5, 2024) – The Blockchain Association (BA) has taken a stand in the legal battle between the United States Department of Justice and Tornado Cash developers Roman Storm and Roman Semenov by filing an amicus brief in United States v. Storm.

The amicus brief filed by the Blockchain Association highlights concerns about the indictment filed against the Tornado Cash developers. The brief asserts that the prosecution has failed to sufficiently plead facts supporting its unlicensed money transmitter charge. According to the Blockchain Association, the prosecution's allegations do not meet the legal requirement that the defendants exercised control over funds, a fundamental aspect in establishing liability as a money transmitter.

Tornado Cash, known as a self-executing program on the Ethereum blockchain, operates without exerting control over transmitted digital assets, and the developers do not maintain control over the protocol itself. This crucial distinction is deemed essential by the Blockchain Association and is notably absent in the case brought forth by the DOJ.

In a statement attributed to Marisa Coppel, the Head of Legal at Blockchain Association, she emphasized the potential industry-wide repercussions of the government's legal theory. Coppel stated, "Adoption of the government’s legal theory would not only have adverse repercussions for the digital asset industry but also raise serious concerns regarding fintech more generally. We urge the court to hold the government up to its burden and dismiss the unfounded charges, safeguarding both the defendants’ rights and the integrity of the burgeoning digital asset sector."

The Blockchain Association's amicus brief aims to bring attention to the implications of the case not only for the defendants but also for the broader digital asset and fintech sectors. For media inquiries related to this matter, please contact [email protected].