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

Will Bitcoin have another hard fork summer with BIP-110?

02/07/2026

Wallets Tied to Former Celsius CEO Alex Mashinsky Dump 17,600 ETH as Legal Fallout Continues

02/07/2026

‘Like a Car in Reverse’: Canaccord Slams Saylor’s Strategy

02/07/2026
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

    Will Bitcoin have another hard fork summer with BIP-110?

    02/07/2026

    Bitcoin can still fall to $53,000 if the ETF-era floor disappears

    02/07/2026

    Bitcoin faces $58K test as U.S. demand cracks – What’s next for BTC?

    02/07/2026

    Bitcoin price today, July 2026

    02/07/2026

    Wallets Tied to Former Celsius CEO Alex Mashinsky Dump 17,600 ETH as Legal Fallout Continues

    02/07/2026

    Mysterious New Address Withdraws $23.5 Million in Ethereum From WhiteBIT

    02/07/2026

    Ethereum Posts Historic Third Straight Losing Quarter as Bear Market Deepens

    02/07/2026

    Ethereum Enters July Under Pressure After Historic Q3 Losing Streak

    02/07/2026

    XRPL Secures Key Transaction Feature

    02/07/2026

    Solana Launches Onchain Governance With Stake-Weighted Voting for Validators

    02/07/2026

    Sui And Paga Partner To Bring Tokenized Assets To African Markets

    02/07/2026

    Shiba Inu Dumps 22% in a Month: What’s Happening With SHIB?

    02/07/2026

    Element NFT Marketplace Expands Reach to Ink to Enhance NFT Accessibility

    27/06/2026

    Why is Pudgy Penguins (PENGU) Trending? What You Need to Know

    22/06/2026

    Top 10 NFT Performers by Trading Volume, Courtyard Outshines

    22/06/2026

    Pudgy Penguins expands retail footprint with Target trading card rollout

    20/06/2026

    Will Bitcoin have another hard fork summer with BIP-110?

    02/07/2026

    Wallets Tied to Former Celsius CEO Alex Mashinsky Dump 17,600 ETH as Legal Fallout Continues

    02/07/2026

    ‘Like a Car in Reverse’: Canaccord Slams Saylor’s Strategy

    02/07/2026

    XRPL Secures Key Transaction Feature

    02/07/2026
  • Blockchain

    Nasdaq Takes Equity Market Data Onchain with Pyth

    02/07/2026

    Crypto analytics firm Chainalysis proposes standards for blockchain tracing

    02/07/2026

    USDai Co-Founder Discusses Blockchain Liquidity — What’s the Impact?

    02/07/2026

    Robinhood rolls out public blockchain as it expands deeper into crypto

    02/07/2026

    Tradeweb executes real-time tokenized US Treasury transaction on Canton Network

    02/07/2026
  • DeFi

    CSWAP Announces New Integration That Simplifies Bitcoin Access to Cardano Ecosystem

    02/07/2026

    STBL Launches USST Stablecoin on Stellar as Institutions Chase Real-World Asset Liquidity

    02/07/2026

    Tokenized Google stock inflated 7,700% in rare DeFi lending exploit

    01/07/2026

    Morpho poised to scale as DeFi infrastructure play, Standard Chartered says

    01/07/2026

    Kuvi Labs Partners with AI-Pay with Crypto, Strengthening DeFi with Decentralized Agentic Infrastructure

    29/06/2026
  • 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

    ‘Like a Car in Reverse’: Canaccord Slams Saylor’s Strategy

    02/07/2026

    Crypto Firms Lead $517 Million Corporate Surge Into 2026 Midterms

    02/07/2026

    Circle Stock Dives as Coinbase, BlackRock and Visa Back Open USD Stablecoin

    02/07/2026

    Strategy (MSTR) stock slides as Bitcoin weakness prompts TD Cowen target cut

    02/07/2026

    KOSDAQ-Listed Crypto Treasury Firms Face Delisting Threat Under Revised Rules

    02/07/2026
  • Other
    1. Exchanges
    2. ICO
    3. GameFi
    4. Mining
    5. Legal
    6. View All

    bitFlyer Becomes First Japanese Exchange to Win MiCA License

    02/07/2026

    LINE NEXT unveils Unifi Pay for zero-fee stablecoin payments

    02/07/2026

    Cloudflare Launches Monetization Gateway for Stablecoin Payments via x402

    02/07/2026

    Large XRP Outflows From Coinbase Signal Aggressive Whale Accumulation

    02/07/2026

    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

    Nexus Acquires Homegrown App Marketplace One Store, Expanding into Global Web3 Game Hub

    21/06/2026

    GMATRIXS and Plum Protocol Partner to Blend GameFi with Meme Assets, Driving Multi-Chain Web3 User Experience

    16/06/2026

    Crypto game studio Uncharted to shutdown along with Fishing Frenzy

    15/06/2026

    Pudgy Penguins Halts Web3 Mobile Game Pudgy Party to Focus on Pudgy World

    14/06/2026

    Is Riot Platforms’ 500 BTC sale an early warning for Bitcoin’s Q3?

    02/07/2026

    Empery Digital Shifts From Bitcoin Treasury Strategy With $65M AI Data Center Deal

    01/07/2026

    Bitcoin miners flash another warning for BTC bulls

    29/06/2026

    Fidelity rebuts claims Bitcoin becomes less secure after halvings

    28/06/2026

    UK Investors Sue Binance and Former CEO Changpeng Zhao for $200M

    02/07/2026

    Robert Kiyosaki Says Spiritual Mission Led Him to Financial Education

    02/07/2026

    Lummis Fires Back at Warren Over CLARITY Act as July Vote Nears

    02/07/2026

    Trump Holds Heated MAHA Farmers Meeting Before Signing Executive Order

    02/07/2026

    Will Bitcoin have another hard fork summer with BIP-110?

    02/07/2026

    Wallets Tied to Former Celsius CEO Alex Mashinsky Dump 17,600 ETH as Legal Fallout Continues

    02/07/2026

    ‘Like a Car in Reverse’: Canaccord Slams Saylor’s Strategy

    02/07/2026

    XRPL Secures Key Transaction Feature

    02/07/2026
  • 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

UK Investors Sue Binance and Former CEO Changpeng Zhao for $200M

02/07/2026

Robert Kiyosaki Says Spiritual Mission Led Him to Financial Education

02/07/2026

Lummis Fires Back at Warren Over CLARITY Act as July Vote Nears

02/07/2026

Trump Holds Heated MAHA Farmers Meeting Before Signing Executive Order

02/07/2026
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

Will Bitcoin have another hard fork summer with BIP-110?

02/07/2026

Wallets Tied to Former Celsius CEO Alex Mashinsky Dump 17,600 ETH as Legal Fallout Continues

02/07/2026

‘Like a Car in Reverse’: Canaccord Slams Saylor’s Strategy

02/07/2026
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.