A Dutch court ruled today that Alexey Pertsev, the developer of Tornado Cash, must remain in prison as he prepares his appeal against a money laundering conviction.
A Dutch Court of Appeal in ‘s-Hertogenbosch denied Pertsev’s bail request and upheld the decision to continue detaining Pertsev despite his claim that he is not a flight risk.
Pertsev, found guilty of laundering $2.2 billion, has been in custody for the past two months. While detained, Pertsev did not have access to a computer or the internet.
His lawyers, Keith Cheng and Judith de Boer, argued that he needed access to a computer and the internet to prepare his defense. Still, the court and prison authorities have denied these requests, citing safety concerns.
Pertsev’s lawyers stressed that his technical expertise is crucial to handling the intricate DeFi technical aspects of the case, which center on smart contracts, relayers, and protocol governance.
Pertsev’s lawyers argued that it was unfair to hold developers liable for building smart contract protocols accessible to anyone, a stance echoed by crypto industry stakeholders.
The legal background
Pertsev was arrested in August 2022 shortly after the US Treasury sanctioned Tornado Cash, an open-source protocol on the Ethereum network designed to enhance privacy by blurring transaction histories. Critics argue that the case sets a dangerous precedent for open-source developers, who may now fear legal repercussions based on how their software is used.
The prosecutors in the case argued that Pertsev could have prevented criminal elements, such as North Korea’s cybercriminal group Lazarus, from using the platform.
The Dutch panel of three judges sided with the prosecutors, affirming that Tornado Cash was deliberately created for illegal activities. One judge also pointed out that adhering to a technological ideology does not exempt individuals from the law.
Pertsev’s lawyers claim that his continued detention violates the European Convention on Human Rights, which ensures the right to a fair trial.
Despite these arguments, the court remains firm in its decision, leaving Pertsev to prepare his appeal from behind bars. He is denied the digital resources his defense deems crucial, further complicating his situation.
