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In a ruling that could have far-reaching implications for crypto privacy and decentralized finance, a Dutch court has sentenced Alexey Pertsev, a developer of the Tornado Cash crypto mixer, to 64 months in prison for money laundering. The 31-year-old Russian national was found guilty by the s-Hertogenbosch court on Tuesday, following his arrest in Amsterdam last August.
According to the court’s translated verdict, “Tornado Cash does not pose any barrier for people with criminal assets who want to launder them.” This assessment formed the crux of the money laundering charges against Pertsev, despite the decentralized nature of the Tornado Cash protocol which obscures the trail of cryptocurrency transactions.
Pertsev was accused of making “a habit of committing money laundering” between July 2019 and August 2022 by facilitating illicit transactions through the Tornado Cash platform. The prosecution alleged he should have suspected the criminal origins of funds moving through the mixer.
COMMENT: This is ridiculously harsh https://t.co/G3CAkWsQ1n
— BSCN (@BSCNews) May 14, 2024
The conviction has sparked concern among privacy advocates and the crypto community. Critics argue prosecuting developers of decentralized protocols sets a dangerous precedent that could stifle innovation and undermine key tenets of decentralization like censorship resistance.
Tornado Cash was sanctioned by the U.S. Treasury in August for allegedly laundering funds for North Korean hacking group Lazarus, believed to be behind major crypto heists like the $625 million Ronin Bridge hack. But many argue protocols like Tornado Cash have legitimate privacy use cases.
Pertsev remained in custody following the verdict and will serve his 5-year sentence in a Dutch prison, though he can appeal the ruling. His pre-trial detention will not count towards the sentence.
The outcome could impact upcoming trials for other Tornado Cash developers in the U.S., including Roman Storm who faces similar money laundering allegations and is set to stand trial in September. However, differences in Dutch and U.S. laws mean Storm is not personally accused of laundering the large sums cited in the Dutch case against Pertsev.
As authorities ramp up scrutiny of crypto privacy tools, the Tornado Cash ruling will likely escalate the debate over balancing law enforcement interests with preserving key innovations of blockchain technology.