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

NetX Joins GANA to Advance Web3 Payments with PayFi Innovation

20/03/2026

Institutional Conviction Fuels Bullish Ethereum Outlook Despite Brutal Crypto Selloff

20/03/2026

River Partners With Stargate Finance To  Expand satUSD Stablecoin DeFi Cross-Chain Capabilities, Supported by LayerZero Interoperability 

20/03/2026
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

    Price Breaks All-Time High Record Again – Here’s What We Know

    04/08/2025

    Bitcoin Switzerland? El Salvador to Host First Fully Native Bitcoin Capital Markets

    04/08/2025

    Bitcoin Breaks $119K, but XLM and HBAR Aren’t Impressed by Its Meager Percentage Gain

    04/08/2025

    High-Stakes Consolidation Could Define Q3 Trend

    04/08/2025

    Institutional Conviction Fuels Bullish Ethereum Outlook Despite Brutal Crypto Selloff

    20/03/2026

    Ethereum’s New Lifetime Record Carries Bearish Undertones, Puts $1,800 Back in Focus

    20/03/2026

    Can ETH Hold Support as ETF Inflows Return?

    20/03/2026

    Can ETH Rebound While Trading Below Major SMAs?

    20/03/2026

    The Sui Ecosystem’s Top 3 Altcoin Performers

    29/07/2025

    Floki Launches $69000 Guerrilla Marketing Challenge With FlokiUltras3

    28/07/2025

    Crypto Beast denies role in Altcoin (ALT) crash rug pull, blames snipers

    28/07/2025

    $1.6 Billion XRP Surge: Here’s What’s Unfolding

    28/07/2025

    OpenSea token delay highlights tough conditions for 2026 NFT airdrop cycle

    18/03/2026

    The Solana NFT Marketplace at a Crossroads

    15/03/2026

    Top NFT Sales of the Week, Flying Tulip Sale Tops

    15/03/2026

    Pudgy Penguins ($PENGU) Dominates the Top NFT Projects by Social Activity

    13/03/2026

    NetX Joins GANA to Advance Web3 Payments with PayFi Innovation

    20/03/2026

    Institutional Conviction Fuels Bullish Ethereum Outlook Despite Brutal Crypto Selloff

    20/03/2026

    River Partners With Stargate Finance To  Expand satUSD Stablecoin DeFi Cross-Chain Capabilities, Supported by LayerZero Interoperability 

    20/03/2026

    Ethereum’s New Lifetime Record Carries Bearish Undertones, Puts $1,800 Back in Focus

    20/03/2026
  • Blockchain

    Bryan Pellegrino: Blockchain scalability is hindered by storage layer constraints, node computation inefficiencies drive up costs, and the shift towards centralization threatens decentralization

    19/03/2026

    Namik Muduroglu: Blockchain teams must engage in application development, MegaETH achieves 55,000 transactions per second, and the shift from infrastructure to user-centric ecosystems

    19/03/2026

    Lalitesh Katragadda: Crowdsourcing can transform global mapping and governance

    19/03/2026

    Bryan Pellegrino: Blockchain scalability is hindered by storage layers, LayerZero achieves 3 million updates per second, and the trade-off between centralization and decentralization

    19/03/2026

    Peter Steinberger: OpenClaw marks the shift to agentic AI, security risks of system-level access, and the need for AI in customer service

    19/03/2026
  • DeFi

    NetX Joins GANA to Advance Web3 Payments with PayFi Innovation

    20/03/2026

    River Partners With Stargate Finance To  Expand satUSD Stablecoin DeFi Cross-Chain Capabilities, Supported by LayerZero Interoperability 

    20/03/2026

    SafePal Integrates Uniswap to Enhance with in-Wallet Swaps

    20/03/2026

    Coinshares Debuts Regulated DeFi and RWA Yield Strategy With Railnet

    20/03/2026

    Venus’ XVS token plunges 9% as exploit leaves protocol with bad debt

    20/03/2026
  • Metaverse

    Land values capitulate as $24M metaverse plot collapses to just $9,000

    20/03/2026

    Meta to shutter Horizon Worlds metaverse on VR in favor of mobile

    18/03/2026

    Meta expands AI agent push with Moltbook acquisition

    10/03/2026

    ‘The Sandbox’ Adds Web-Based Games in Season 7 Accessibility Push

    24/02/2026

    AMD jumps as Meta signs multiyear AI infrastructure partnership

    24/02/2026
  • Regulation

    FTSE 100 and FTSE 250 attract capital as investors rethink US valuations

    20/03/2026

    U.S. politician in super suspicious xAI stock trade

    20/03/2026

    UAE-regulated Fuze expands into Jordan after central bank approval

    20/03/2026

    $650M Raise Signals Unwavering Institutional Confidence in Web3

    19/03/2026

    Italy’s Intesa Sanpaolo Bank Discloses $96M Bitcoin ETF Holdings

    19/03/2026
  • Other
    1. Exchanges
    2. ICO
    3. GameFi
    4. Mining
    5. Legal
    6. View All

    Ripple targets April for Australian financial license via acquisition

    20/03/2026

    Circle Launches Nanopayments on Testnet

    19/03/2026

    Strategic Expansion Brings Internet Computer to South Korea’s Premier Exchange

    19/03/2026

    DOJ investigates Binance transactions suspected of funding Iran proxies

    19/03/2026

    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

    Why 2025 Will See the Comeback of the ICO

    26/12/2024

    Dan Houser: “Goodfellas” revolutionized cinema and storytelling

    19/03/2026

    Pudgy Penguins Launched A New Game. Crypto Scammers Made A Fake Version

    18/03/2026

    PlaysOut and Ads3 Ally to Enhance User Acquisition in Web3 Games

    18/03/2026

    6 Best Crypto Games For Android in 2026

    12/03/2026

    AI Data Centers Outpay Bitcoin Mining, Triggering Major Industry Shift

    20/03/2026

    Russia’s push for AI expansion threatens to undermine crypto mining

    19/03/2026

    Bitcoin Miners Catch a Break While Revenues Stay Ugly

    19/03/2026

    Hive Digital launches its first GPU cluster on renewable energy in Paraguay

    19/03/2026

    Peter Van Valkenburgh: Crypto’s regulatory landscape mirrors unregulated sports betting, the Blockchain Regulatory Certainty Act clarifies crypto jurisdiction, and why decentralized systems are essential for AI development

    19/03/2026

    Chris Giancarlo: Legislative clarity is vital for crypto’s future

    19/03/2026

    Chris Giancarlo: Political processes are reshaping crypto regulation, traditional finance needs clarity urgently, and prediction markets will transform decision-making

    19/03/2026

    Rupert Lowe: The British state is seen as the enemy of the electorate, government spending is wasteful and mismanaged, and both major parties face existential crises

    19/03/2026

    NetX Joins GANA to Advance Web3 Payments with PayFi Innovation

    20/03/2026

    Institutional Conviction Fuels Bullish Ethereum Outlook Despite Brutal Crypto Selloff

    20/03/2026

    River Partners With Stargate Finance To  Expand satUSD Stablecoin DeFi Cross-Chain Capabilities, Supported by LayerZero Interoperability 

    20/03/2026

    Ethereum’s New Lifetime Record Carries Bearish Undertones, Puts $1,800 Back in Focus

    20/03/2026
  • MarketCap
NBTC News
Home»Legal»Tornado Cash Loses Motion to Dismiss
Legal

Tornado Cash Loses Motion to Dismiss

NBTCBy NBTC29/09/2024No Comments6 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email


The judge in the Tornado Cash case delivered an oral ruling today, rejecting both the Defense’s motion to compel discovery and their motion to dismiss the charges. This represents a massive setback for the Defense, and the judge’s reasoning may not bode well for developers and projects going forward.

Motion to Compel

The Defense’s motion to compel discovery sought to access a broad range of government communications, including exchanges with foreign authorities under the Mutual Legal Assistance Treaty (MLAT) and with domestic agencies like the Office of Foreign Assets Control (OFAC) and the Financial Crimes Enforcement Network (FinCEN). Citing Federal Rule of Criminal Procedure 16, the Defense argued that these materials were essential to understanding the government’s case and could potentially include exculpatory evidence. The judge, however, made it clear that Rule 16 imposes a stringent requirement: the Defense must show that the requested information is material to their case, not merely speculate on its potential usefulness.

The court dismissed the Defense’s arguments as speculative, noting that references to what the information “might” or “could” reveal do not meet the necessary standard for materiality. For example, the Defense argued that MLAT communications with the Dutch government might shed light on the evidence against Tornado Cash or reveal the government’s investigative theories. The judge found this reasoning unpersuasive, emphasizing that materiality cannot be established through conjecture or vague assertions.

The court similarly rejected the Defense’s request for all communications between the government and OFAC and FinCEN. Although the Defense claimed these documents were necessary to understand the government’s theories and potential witnesses, the judge concluded that the Defense failed to demonstrate how these communications were directly relevant to the charges at hand. The court reiterated that the burden is on the Defense to show a specific link between the requested documents and their defense strategy, a burden they did not meet.

When the Defense suggested an in-camera review—a private examination by the judge of the requested documents—to determine their materiality, the court refused. The judge argued that granting such a request based on speculative assertions would set a dangerous precedent, effectively forcing in-camera reviews in all criminal cases when a defendant speculates about the relevance of certain documents. This, the judge stressed, would undermine the purpose of Rule 16 and transform the pretrial discovery process into an unrestrained search for potentially helpful evidence.

The Defense also raised concerns under Brady v. Maryland, arguing that the government might be withholding exculpatory or impeachable evidence. While the court acknowledged the government’s obligations under Brady, it found no indication that these duties had been neglected. Without concrete evidence suggesting the government was withholding information, the court saw no reason to compel additional disclosures. The judge cautioned that while the Defense’s arguments were theoretically possible, they lacked the factual support needed to warrant the court’s intervention. She did say, however, that if she later finds that the government has “interpreted its obligations too narrowly” then there will be “unfortunate consequences for their case.”

Motion to Dismiss

The motion to dismiss presented a much more significant set of issues. Central to the Defense’s argument was the definition of a “money transmitter” under the Bank Secrecy Act (BSA). The Defense contended that Tornado Cash did not qualify as a money transmitter because it did not exercise control over users’ funds; it merely facilitated the movement of cryptocurrencies. The court, however, rejected this narrow interpretation. The judge clarified that the BSA’s scope does not require the control of the funds; Tornado Cash’s role in facilitating, anonymizing, and transferring cryptocurrency was sufficient to bring it within the statute’s ambit. The judge likened Tornado Cash to custodial mixers, which have been deemed money transmitting businesses.

Further complicating the Defense’s argument was their reliance on the 2019 FinCEN guidance, which uses a four-factor test to determine whether a wallet provider is a money transmitter. The Defense claimed this guidance, which includes a “total independent control” standard, should apply to Tornado Cash. The court disagreed, stating that this standard is specific to wallet providers and does not extend to mixers like Tornado Cash. Consequently, Tornado Cash’s lack of “total independent control” over funds was irrelevant to its classification as a money transmitter.

Another key point in the court’s analysis was the distinction between expressive and functional code under the First Amendment. The Defense argued that prosecuting Storm for his involvement with Tornado Cash was tantamount to punishing him for writing code, which they claimed was protected speech. The judge acknowledged that while code can be considered expressive, the specific use of code to facilitate illegal activities—such as money laundering or sanctions evasion—falls outside the bounds of First Amendment protection. The judge emphasized that the court must focus on the conduct enabled by the code, not merely the code itself. Even under intermediate scrutiny, which applies to content-neutral restrictions on speech, the judge found that the government’s interests in preventing money laundering and regulating unlicensed money transmission justified the restrictions imposed by the relevant statutes.

The court also addressed concerns about the immutability of Tornado Cash’s smart contracts, an issue raised by both parties. The judge acknowledged the existence of a factual dispute but noted that it was not a decisive factor in the current motion. However, the issue of immutability may play a role at trial in determining the extent of Storm’s control over the service and his responsibility for its operations.

In concluding remarks, the judge underscored that while the use of code to communicate ideas may be protected under the First Amendment, using that code to facilitate illegal activities is not. This distinction is critical in the context of emerging technologies like blockchain, where the line between speech and conduct can be blurred. The court’s ruling serves as a reminder that the legal system is prepared to hold participants in the digital economy accountable, even as it grapples with the complexities of applying traditional legal principles to new and evolving technologies.

The full transcript of the ruling will be released once prepared by the court reporter.

This is a guest post by Colin Crossman. Opinions expressed are entirely their own and do not necessarily reflect those of BTC Inc or Bitcoin Magazine.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
NBTC

Related Posts

Peter Van Valkenburgh: Crypto’s regulatory landscape mirrors unregulated sports betting, the Blockchain Regulatory Certainty Act clarifies crypto jurisdiction, and why decentralized systems are essential for AI development

19/03/2026

Chris Giancarlo: Legislative clarity is vital for crypto’s future

19/03/2026

Chris Giancarlo: Political processes are reshaping crypto regulation, traditional finance needs clarity urgently, and prediction markets will transform decision-making

19/03/2026

Rupert Lowe: The British state is seen as the enemy of the electorate, government spending is wasteful and mismanaged, and both major parties face existential crises

19/03/2026
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

NetX Joins GANA to Advance Web3 Payments with PayFi Innovation

20/03/2026

Institutional Conviction Fuels Bullish Ethereum Outlook Despite Brutal Crypto Selloff

20/03/2026

River Partners With Stargate Finance To  Expand satUSD Stablecoin DeFi Cross-Chain Capabilities, Supported by LayerZero Interoperability 

20/03/2026
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.