A coalition of 34 crypto firms and advocacy groups has called on Congress to push back against the Department of Justice’s broad interpretation of laws used to prosecute Tornado Cash developers.
In a letter dated March 26, they warned that the DOJ’s stance regarding unlicensed money transmission could criminalize many blockchain developers, posing a significant threat to innovation in the industry.
Led by the DeFi Education Fund and backed by major industry players like Kraken and Coinbase, the letter cautioned that the DOJ’s position “creates confusion and ambiguity,” putting the future of U.S.-based digital asset software development at risk.
The coalition noted that the DOJ introduced this stance in August 2023 through a criminal indictment—the same time it charged Tornado Cash developers Roman Storm and Roman Semenov with money laundering. While Storm has pleaded not guilty and is out on bail seeking to have the charges dropped, Semenov, a Russian national, remains at large.
The Crypto firms further argued that U.S. law defines a “money-transmitting business” through two key sections: Title 31, Section 5330, which outlines licensing requirements, and Title 18, Section 1960, which criminalizes unlicensed operations. They highlighted 2019 guidance from FinCEN stating that software developers who don’t handle customer funds are not considered money transmitters. However, the DOJ has claimed that Section 5330 is irrelevant for Section 1960 violations, conflicting with FinCEN’s guidance. The firms accused the DOJ of misinterpreting the law to prosecute Storm and Semenov, creating a confusing legal environment that could endanger non-custodial software developers and hinder innovation in blockchain technology in the U.S.
Meanwhile, the DOJ has been authorized to sell 69,370 Bitcoin, worth $6.5 billion, seized from the Silk Road marketplace after a December 30 court ruling. This decision follows a legal dispute with Battle Born Investments. It raises concerns due to its timing, just weeks before a new administration pledged not to liquidate government-held Bitcoin.
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