In a surprising turn of events, Alexey Pertsev, the developer behind the OFAC-sanctioned crypto mixer Tornado Cash, has been denied bail yet again while his legal team prepares to appeal his money laundering charges.
Pertsev’s defense attorney, Keith Cheng, expressed shock at the court’s decision to refuse bail. The court also denied Pertsev access to a computer to prepare for his appeal, citing safety protocols. Cheng argues that Pertsev’s prolonged detention impedes his ability to mount an effective defense.
Judith de Boer, another lawyer for Pertsev, criticized the court’s stance, calling the pre-trial detention for such a significant legal question “unacceptable.” She highlighted that this case addresses whether a software developer can be held criminally responsible for third-party misuse of their creations.
Pertsev was convicted of money laundering by the ‘s-Hertogenbosch Court of Appeal in the Netherlands on May 14. He received a five-year and four-month prison sentence for allegedly laundering $1.2 billion through Tornado Cash. The July 13 ruling marks the third denial of his bail request, with previous rejections occurring in November 2023 and February 2024, based on arguments that he poses a flight risk and played a central role in Tornado Cash’s operations.
JusticeDAO, an organization supporting the legal defense of Tornado Cash developers, condemned the ruling as a “gross miscarriage of justice.” In a statement on X, they asserted that developers should not be imprisoned for third-party actions. Pertsev maintains that he should not be liable for the illegal activities conducted by users of the Tornado Cash protocol.
During his March trial, Pertsev argued that he and his co-founders had no intention of facilitating criminal activities and would have implemented stricter security measures if that had been their goal. However, the court dismissed this defense, underscoring the need for developers to take more significant precautions to prevent misuse of their technology.
As Pertsev’s legal team prepares for the appeal, the case continues to spark debate over the extent of a developer’s responsibility for their software’s use.
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