Jared Butcher

[Peter Van Valkenburgh @valkenburgh]

@davidzmorris It's pretty transparent that the SDNY has found in 1960(b)(1)(c) an easy tool to put people they think did money laundering behind bars for five years without having to prove they did money laundering before a judge and jury.

[Jake Chervinsky @jchervinsky]

The head of DOJ's Criminal Division says there will be no Section 1960(b)(1)(C) charges against developers who lack custody and control over user assets.

Roman Storm was just convicted on this exact charge under this exact circumstance. Justice for Roman means dropping the case.

[Peter Van Valkenburgh @valkenburgh]

Coin Center’s Seven Takeaways from the Storm Verdict:

▪️ 1. The sole conviction—unlicensed money transmission (18 U.S.C. § 1960)—turns mainly on legal/regulatory interpretation (“does this count as money transmission?”), not jury fact-finding.

▪️ 2. The court, at the motion-to-dismiss stage, discounted FinCEN’s stated guidance on what counts as “money transmission” in crypto and treated the category as broader than “control of customer funds.”

▪️ 3. With “money transmission” defined that broadly, the jury’s room to decide facts was narrow; the court’s interpretation largely dictated the outcome.

▪️ 4. DOJ’s prior “end regulation by prosecution” memo didn’t fully resolve §1960 issues left things open for continued prosecution; the DOJ dropped the failure-to-register theory but not the “knowingly transmitting criminal funds” theory. Coin Center’s view: both hinge on “transmitting” and are improper against developers excluded by FinCEN guidance.

▪️ 5. The BRCA (Blockchain Regulatory Certainty Act), now attached to CLARITY and passed by the House, would confirm that non-controlling developers aren’t money transmitters. It can’t help Roman retroactively, but the Senate should pass it in upcoming market-structure debates.

▪️ 6. Coin Center fellow Michael Lewellen is suing DOJ for a declaration that publishing/maintaining his software isn’t unlicensed money transmission. Coin Center will continue supporting this effort to correct the legal interpretation.

▪️ 7. Coin Center is sorry Roman faces sentencing on a theory that contradicts the regulator’s guidance. He should appeal the denial of his motion to dismiss; Coin Center will assist however possible.

[Jake Chervinsky @jchervinsky]

@TrustlessState It's good on sanctions and money laundering, but a travesty of justice on Section 1960. This is the key issue we've been fighting about all along, that the developer of a non-custodial protocol is not (and cannot be) engaged in money transmission. The appeal will be critical.

[Molly White @molly0xFFF]

As the prosecution of Tornado Cash developer Roman Storm unfolds, the government’s theory is colliding with Trump administration policies that have left prosecutors arguing Storm should have followed compliance rules they’re no longer allowed to say he was required to follow.

[Free Pertsev & Storm @FreeAlexeyRoman]

Join us on the main stage at ETHDenver for a talk with @brianeklein and a video message from @rstormsf at 6:00pm MST today.

[Peter Van Valkenburgh @valkenburgh]

This panel went deep on why the DOJ is off base on the Tornado Cash and Samurai wallet money transmission charges. Our Coin Center fellow, @LewellenMichael and I then explained how his lawsuit adds to the fight for a reasonable interpretation of licensing laws.

[Peter Van Valkenburgh @valkenburgh]

In that process, internal contradictions between guidance and government actions should be brought to light: FinCEN's 2019 guidance is in contradiction with the DOJ's extralegal prosecution of the Tornado Cash and Samourai devs for unlicensed money transmission. https://t.co/PKSWCTIUDG

[Peter Van Valkenburgh @valkenburgh]

My friend and Coin Center fellow, Michael Lewellen, is suing the DOJ for their unlawful interpretation of federal money transmission laws as exemplified in the Tornado Cash and Samourai Wallet prosecutions.

@coincenter is supporting him to defend his right to publish cryptocurrency software. As always, we're here to stand up for the rule of law, free speech, and due process.

[Ameen Soleimani @ameensol]

If ETH hits $5k or whatever and @rstormsf still hasn't been able to raise the funds he needs for his legal defense I am going to be extraordinarily pissed off

[Amanda Tuminelli @amandatums]

The most important issue currently facing the digital asset industry is the DOJ’s interpretation of Section 1960 - the criminal code provision punishing unlicensed “money transmitting businesses.” That is why I wrote this paper with @jchervinsky and @dbarabander explaining the issues inherent to Section 1960 and providing legal support for the *correct* interpretation: in order to be a “money transmitting business,” the business must have independent control over user funds.

https://t.co/TpEu1LDElT

[Roman Storm 🇺🇸 🌪️ @rstormsf]

If someone wants to help, here is the link

https://t.co/NBcuHUNOJT

[Peter Van Valkenburgh @valkenburgh]

Coin Center advocates for good policy on all dimensions but quadrant 4 is where many of the most serious threats have recently emerged:

[Bankless @Bankless]

LIVE --- Roman Storm Speaks

@TornadoCash developer @rstormsf faces decades in prison, after being arrested for creating open-source privacy tools on Ethereum

His case could define
- Whether code is speech
- If developers are liable for open source code
- If Americans have a right to digital privacy

Bankless has donated $25k in the past to support Roman's defense.

Today, we are donating an additional $25k, to ensure that financial privacy is protected, and open-source software developers are not persecuted.

We hope others will join us in donate to Roman Storm's defense. Link below.

Hear directly from Roman and his lawyer in this interview 👀

[brileigh @brileigh]

Coinbase.
Uniswap.
Kraken.
Roman Storm.

Can you spot the difference?

@rstormsf is not a corporation with deep pockets to fund legal teams. He’s one developer, a father, standing alone against the U.S. government. His trial will define our fundamental right to privacy and to publish code.

What’s happening to Storm is not incidental. The U.S. government has chosen to be outright hostile towards crypto, and targeting individuals like Roman will set a dangerous precedent.

Major players have the resources to defend themselves, but Roman doesn’t. This isn’t about companies anymore; it’s about the individuals, the developers who are being targeted for their contributions to open-source technology.

This is not a drill.

Storm could face up to 45 years in prison for writing code. His trial is just 67 days away and desperately needs immediate and direct support.

[Free Pertsev & Storm @FreeAlexeyRoman]

We have less than 67 days to help Roman with the ongoing legal costs he faces to defend our future.

[Roman Storm 🇺🇸 🌪️ @rstormsf]

@jchervinsky Software devs, crypto enthusiasts, normal people, I'd need some help.

https://t.co/oz7yxMC4Mo

[Roman Storm 🇺🇸 🌪️ @rstormsf]

Folks, I have to win and it takes resources!
Please help.
Im severely underfunded for the trial.

[Free Pertsev & Storm @FreeAlexeyRoman]

1/9 Defend Roman Storm:
@rstormsf is running out of money to defend our rights to privacy and to publish code. We need your help to ensure a future where privacy is the default, not the exception.

[Roman Storm 🇺🇸 🌪️ @rstormsf]

My trial is fast approaching and time is running out, but I have faith thanks to this community’s consistent support. Please donate towards my defense if you’re able.
https://t.co/LxmfNzDFPx
#defendromanstorm