Close Menu
  • Coins
    • Bitcoin
    • Ethereum
    • Altcoins
    • NFT
  • Blockchain
  • DeFi
  • Metaverse
  • Regulation
  • Other
    • Exchanges
    • ICO
    • GameFi
    • Mining
    • Legal
  • MarketCap
What's Hot

India’s Solar Surplus Hits a New Problem: Could Bitcoin Mining Help?

06/09/2026

They Could Be the First Target!

06/09/2026

Vesu oracle incident triggers $3M in liquidations

06/09/2026
Facebook X (Twitter) Instagram
  • Back to NBTC homepage
  • Privacy Policy
  • Contact
X (Twitter) Telegram Facebook LinkedIn RSS
NBTC News
  • Coins
    1. Bitcoin
    2. Ethereum
    3. Altcoins
    4. NFT
    5. View All

    They Could Be the First Target!

    06/09/2026

    Is BTC’s Resistance Band About to Break or Reject for the Sixth Time?

    06/09/2026

    BTC Eyes $69,000 as Pullback Risk Builds

    06/09/2026

    Samson Mow Clarifies Bitcoin Spam and Ordinals Position Amid BIP-110 Debate

    05/09/2026

    Ethereum Could Be Entering a New Bullish Cycle—How High Can the ETH Price Go in 2026?

    04/09/2026

    Can the FED Send Cryptocurrencies Soaring? Arthur Hayes Answers, Revealing His New Target for Ethereum (ETH)!

    04/09/2026

    The Chart Is Starting to Point Toward $3K

    04/09/2026

    Ethereum price holds $2,400 as RSI stays bearish

    04/09/2026

    Shibariumscan Indexing Issue, Not a Crash, Erased 69% of Shiba Inu’s Network Data

    06/09/2026

    Ripple prepares to dump 1 billion XRP in less than two weeks

    06/09/2026

    Ripple CTO Emeritus Reveals Where His XRP Holdings Stand

    06/09/2026

    XRP Logs 24% Surge in Active Addresses: Bullish Reversal Soon?

    05/09/2026

    NFT sales surge 55.6% as BNB Chain overtakes Ethereum for first time

    06/09/2026

    OpenSea Users Demand ETH/USD Switcher Amid Frustration

    05/09/2026

    Kento’s Digital Art Cards Hit 2,000% of Kickstarter Goal in 24 Hours

    04/09/2026

    Cardano Founder Criticizes TapTools Relaunch

    03/09/2026

    India’s Solar Surplus Hits a New Problem: Could Bitcoin Mining Help?

    06/09/2026

    They Could Be the First Target!

    06/09/2026

    Vesu oracle incident triggers $3M in liquidations

    06/09/2026

    Shibariumscan Indexing Issue, Not a Crash, Erased 69% of Shiba Inu’s Network Data

    06/09/2026
  • Blockchain

    Robinhood’s new crypto network is printing cash, and it’s sending Arbitrum’s token soaring

    05/09/2026

    Hedera’s HIP-1535 Launches CLPR, Enhancing Cross-Ledger

    04/09/2026

    Hasbro-licensed MONOPOLY immersive experience in São Paulo runs on Neo blockchain

    04/09/2026

    Centrifuge and LI.FI Partner to Expand Cross-Chain Access to Tokenized Assets

    04/09/2026

    11.3 Million Tokens Still Stuck on the Deadline

    04/09/2026
  • DeFi

    Vesu oracle incident triggers $3M in liquidations

    06/09/2026

    How the “buy, borrow, die” tax trade is quietly loading DeFi pools with hidden credit risk

    06/09/2026

    Pendle launches on Robinhood Chain with sNET market

    05/09/2026

    Solana Welcomes Fasanara Capital’s Onchain Credit Strategy

    04/09/2026

    Sui Basecamp Welcomes AlphaFi as Diamond Sponsor

    04/09/2026
  • Metaverse

    Is Solana Gaming Back? Kintara Activity Fuels Renewed Optimism in Onchain MMOs

    24/06/2026

    The Sandbox launches AI game engine ‘The Sandbox Studio’ for next-generation creators

    10/06/2026

    Meta commits $13M in funding for Oversight Board through 2028

    29/05/2026

    Why Animoca’s Yat Siu says the future is 100 billion AI agents

    07/05/2026

    ‘8,000 Jobs’—Polymarket Sees Tech Layoff Surge As Meta AI Push Bites

    18/04/2026
  • Regulation

    Global Tokenized Stocks Surge 273% as South Korea’s STO Legislation Stalls

    06/09/2026

    AI Agents Could Transform How Money Moves Across the Internet

    05/09/2026

    Ether Products Lead $600M Crypto ETP Flow Rebound in July

    05/09/2026

    Younger Investors Are Looking Beyond Stocks and Bonds, Grayscale Says

    05/09/2026

    Bakkt promised a $44 trillion payment revolution, but its key acquisition made just €5,315

    05/09/2026
  • Other
    1. Exchanges
    2. ICO
    3. GameFi
    4. Mining
    5. Legal
    6. View All

    Coinbase to Delist 9 Perpetual Futures Contracts, Including Kaspa and POPCAT, on Sept. 3

    06/09/2026

    XRP Exchange Reserves Decline as Upbit Holds 6.4 Billion XRP Near Early-Summer Highs

    06/09/2026

    Amber Group-Linked Wallet Moves $13.8M in HYPE Off Hyperliquid as CFTC Eyes Perpetual Futures

    05/09/2026

    UAE Halts All Trade With Iran, Raising Stakes for Crypto Channels

    05/09/2026

    ICO market slows sharply with only six completions in 2026

    30/04/2026

    South Korea Poised to Lift Ban on Domestic ICOs After 7 Years

    19/12/2025

    Why 2025’s Token Boom Looks Both Familiar and Dangerous

    31/10/2025

    ICO for bitcoin yield farming chain Corn screams we’re so back

    22/01/2025

    Top 12 NFT games every player should know about in August 2026

    19/08/2026

    GameShame Studios founder details Raijin Protocol’s roadmap in NeoPod’s sixth AMA

    13/08/2026

    How BC.GAME is turning players into stakeholders

    04/08/2026

    YGG Play Shuts Down Services as Yield Guild Pivots to AI Data

    01/08/2026

    India’s Solar Surplus Hits a New Problem: Could Bitcoin Mining Help?

    06/09/2026

    Wall Street is turning AI’s massive electricity appetite into a $61 billion bond market

    06/09/2026

    Marathon Mines 670 Bitcoin In August As Treasury Reaches 25,000 BTC

    04/09/2026

    Zcash Price Spike Fuels Massive Mining Profits and Hashrate Boom

    04/09/2026

    Crypto political group details list of U.S. congressional allies its backing this year

    05/09/2026

    Crypto advocacy groups oppose Illinois digital asset tax in court

    05/09/2026

    Block Bits Founder Guilty After $960K Crypto Bot Pitch Implodes

    05/09/2026

    CFTC, US soldier accused of illegal Polymarket bet spar over interpretation of prediction markets

    05/09/2026

    India’s Solar Surplus Hits a New Problem: Could Bitcoin Mining Help?

    06/09/2026

    They Could Be the First Target!

    06/09/2026

    Vesu oracle incident triggers $3M in liquidations

    06/09/2026

    Shibariumscan Indexing Issue, Not a Crash, Erased 69% of Shiba Inu’s Network Data

    06/09/2026
  • MarketCap
NBTC News
Home»Legal»Tornado Cash developer conviction raises alarm for open-source devs
Legal

Tornado Cash developer conviction raises alarm for open-source devs

NBTCBy NBTC09/08/2025No Comments5 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email


Yesterday’s partial verdict in U.S. v. Roman Storm is about more than the fate of one Tornado Cash developer. It dampens hopes of giving DeFi protocols greater access to the US market by sending chills through the entire open‑source community.

Storm was found guilty under 18 U.S.C. § 1960(b)(1)(C), which treats noncustodial code as “money transmitting” and thus a criminal offense, if it’s used by anyone for illicit purposes. In the words of Ethereum core developer Preston van Loon: “This is a dark day for crypto and [Roman Storm].”

Sketchy legal foundations

At issue in rendering a verdict was how § 1960 defines “money transmission.” The law requires transmitting funds on behalf of the public and has traditionally meant moving others’ money as a custodial intermediary — not publishing permissionless code. Yet SDNY prosecutors convinced the jury that deploying immutable smart contracts meets that definition.

Coin Center executive director Peter Van Valkenburgh spoke to the flawed logic in a must-listen X space on Wednesday: “I can’t transfer your funds if I don’t have them in my possession and in my control.” And yet that’s exactly how Storm’s Tornado Cash functioned: no custody, only code.

The government also shut out FinCEN’s own 2019 guidance on the matter, which explicitly carves out non‑custodial software providers from Money Service Business (MSB) liability, as Fund DeFi’s Amanda Tuminelli explained: “The DOJ said they don’t have to listen to that guidance…They can come up with their own interpretation.”

That disregard for regulatory alignment undermines legal clarity and due process.

A warning for every DeFi dev

What happens when writing neutral, useful software tools becomes laden with risk? This verdict signals that simply publishing code could mean criminal liability — regardless of intent or control. Yes, it’s just one case, but this guilty verdict still will embolden prosecutors and intimidate developers.

Even more alarming: It exemplifies how jurisdiction is elastic. Peter Van Valkenburgh aptly calls SDNY “the sovereign District of New York,” capable of reeling in any dev, anywhere, if even a single user in Manhattan runs your code. This worry is no longer theoretical. Between Storm’s conviction and the Samourai Wallet developers’ recent plea deal, it’s a blueprint for future prosecutions unless the law is changed, or the interpretation repudiated.

DOJ’s approach: Unfair, hypocritical and dangerous

Let’s call it what it is: Prosecuting a developer who doesn’t touch users’ funds while letting large financial actors facing multi‑billion‑dollar laundering scandals skate by is hypocrisy.

Compared to world-scale financial scandals involving multinational banks, the criminal case against Storm is outrageous. In cases like the 1MDB scandal, where over $4.5 billion was siphoned from Malaysia’s sovereign wealth fund with the help of major global financial institutions, few individuals faced meaningful criminal consequences.

Goldman Sachs, which helped underwrite billions in 1MDB bond sales, ultimately reached a deferred prosecution agreement with the DOJ in 2020. The bank paid $2.9 billion in fines but avoided criminal conviction, and no senior executives were charged. Only one former banker for Goldman’s Asia group, Roger Ng, received a prison sentence, and the DOJ closed the matter in 2024 without further indictments.

By contrast, Roman Storm’s role was limited to writing and deploying open-source smart contracts that others used, yet even on the lesser money-transmitter count, he faces up to a maximum of five years prison time. (Storm himself sounded an optimistic note following the verdict.)

Legal experts argue that this represents a double standard in enforcement. “If you don’t handle other people’s money,” said Van Valkenburgh, “you shouldn’t be held to the same regulatory expectations as a bank like Credit Suisse or Goldman Sachs.”

The DOJ’s approach not only criminalizes innovation but diverts enforcement resources away from large-scale financial misconduct that poses far greater systemic risk. While traditional financial institutions routinely secure settlement deals for billion-dollar offenses, developers facing felony charges will think twice before publishing open-source tools that promote privacy and financial autonomy.

Political remedies needed

The Blockchain Regulatory Certainty Act (BRCA), now tacked onto the CLARITY market‑structure legislation, would codify that non‑custodial developers are not money transmitters, aligned with the FinCEN guidance. Van Valkenburgh describes it as a “really good simple statutory drafting exercise to clamp the brakes on this abuse of prosecutions.”

But even if that makes it through Congress — still a big if — CLARITY isn’t retroactive, so it won’t help Storm. Yet it can spare future developers.

“There’ll be a moment in a couple of months where it might be important to call your senator,” Van Valkenburgh said.

On the other side of the regulatory spectrum stands SEC Commissioner Hester Peirce. In a speech this week, she emphasized financial privacy as a constitutional right and warned against treating privacy‑protecting code as criminal. She reminded us: “Denying people financial privacy — whether through sweeping surveillance programs or restrictions on privacy‑protecting technologies — undermines the fabric and freedoms of our families, communities, and nation.”

Peirce also preached disintermediation — the idea that technology should obviate the need for intermediaries, and not add new mandates. She warned against deputizing private actors to surveil each other, saying it’s “antithetical to a free society.”

These principles directly clash with SDNY’s approach: criminalizing neutral tools that enhance one’s financial privacy. Peirce’s vision is of protecting, not policing, innovation.

Storm’s legal team is expected to challenge the conviction in the Second Circuit Court of Appeals, focusing on the misinterpretation of federal law. Key legal questions were foreclosed during pretrial motions, not left for the jury, Tuminelli said. “The jury was fenced in on the 1960 charge because they weren’t given the opportunity to really make the decision on the part that’s most relevant… the definition of money transmission,” she said.

The outcome of the appeal could have major implications for the crypto ecosystem. Coin Center is also supporting a related civil lawsuit in Texas.

The CLARITY Act, while offering no retroactive relief, could lessen the impact of Storm’s guilty verdict, clarifying that publishing noncustodial code alone can’t be treated as a criminal act. Without reform, every DeFi dev runs a risk.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
NBTC

NBTC is the editorial account for NBTC News, covering Bitcoin, Ethereum, DeFi, blockchain infrastructure, exchanges, mining, regulation and digital asset markets. The editorial team focuses on clear sourcing, timely updates and practical context for crypto readers.

Related Posts

Crypto political group details list of U.S. congressional allies its backing this year

05/09/2026

Crypto advocacy groups oppose Illinois digital asset tax in court

05/09/2026

Block Bits Founder Guilty After $960K Crypto Bot Pitch Implodes

05/09/2026

CFTC, US soldier accused of illegal Polymarket bet spar over interpretation of prediction markets

05/09/2026
Add A Comment

Comments are closed.

Top Posts
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Your source for the serious news. This website is crafted specifically to for crazy and hot cryptonews. Visit our main page for more tons of news.

We're social. Connect with us:

Facebook X (Twitter) LinkedIn RSS
Top Insights

India’s Solar Surplus Hits a New Problem: Could Bitcoin Mining Help?

06/09/2026

They Could Be the First Target!

06/09/2026

Vesu oracle incident triggers $3M in liquidations

06/09/2026
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Type above and press Enter to search. Press Esc to cancel.