A judge has decided not to release Pertsev on bail in the Tornado Cash case.
A judge in the Netherlands determined on Wednesday that the programmer Alexey Pertsev, who was detained earlier this month for exposing open-source code for the Tornado Cash mechanism, must serve at least an additional ninety days behind bars.
The Fiscal Communication and Independent inquiry Service made an announcement earlier this month that it had placed under arrest Pertsev, 29, for his alleged involvement “in covering up criminal investment activities and supporting embezzlement” via Tornado Cash. The announcement came shortly after the agency had detained Pertsev. Pertsev was one of numerous people that contributed to the fully accessible code that is hosted on Github by Tornado Cash. His arrest provoked uproar throughout the cryptocurrency world, as aficionados contested the legal standing of the Dutch government for detaining someone for deploying code. His arrest sparked indignation throughout the cryptocurrency community. According to the organization, they began their investigation into Tornado Cash in June.
Tornado Cash and the accompanying smart contracts were sanctioned by the Office of Foreign Assets Control of the United States Treasury Department a few days prior to Pertsev’s arrest. This was done because of the popularity of Tornado Cash among cybercrime syndicates such as the Lazarus Group. In its statement, the Treasury Department took a view that was quite similar to that taken by the Dutch authorities. It said that the protocol had “repeatedly failed to establish sufficient safeguards aimed to protect it from laundering funds for harmful cyber actors.” Following the publication of the notification, a number of significant cryptographic methods and organizations, such as Circle, Infura, and Alchemy, instantly complied with the restriction.
At the hearing that took place today in Den Bosch, Pertsev was not granted bail. Because he has not been legally investigated for any crime as of yet, one of the reasons that his detention has created such a response between customers of cryptocurrencies is because he was arrested. On Tuesday, Minnesota Republican Congressman Tom Emmer joined in on the matter by writing a letter to the Treasury Department in which he questioned the agency’s decision to target software. According to Emmer, the sentence constitutes a “deviation from past OFAC precedent.” [Citation needed]
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