The US Department of Finance is reportedly asks a federal court not to make a definitive decision in the Tornado Cash Sanctions right case, so that the best lawyer of Coinbase is drawn to criticism.
In September 2022, a group of Tornado cash users complained the American treasury department about the decision to add the crypto mixer to the specifically designated Nationals and Blocked Persons (SDN) list.
The claimants claimed that the sanction of Tornado contants infringes their rights and threatens their assets to perform free and private financial transactions.
Now the Ministry of Finance asks the court to consider the issue, and notes that the Office of Foreign Asset Control (OFAC) has removed Tornado Contendant money from its specially designated Nationals (SDN) Blacklist.
Paul Grewal, Chief Legal Officer of Coinbase, criticizes the move and warns that the crypto mixer could experience future sanctions, unless a statement is actually issued.
“Power does not take off voluntarily. It is craving for breath and he does not get out of it anymore. US Treasury has submitted another late Friday to plead against Tornado -Contant money. After reluctantly scraping (Tornado -Contant), they now claim that they have disputed the need for a definitive judicial judgment.
Here, Treasury has also removed the Tornado-Contendant entities from the SDN (specially designated Nationals Blacklist), but has not offered any certainty that the Tornado-Contant will not re-contain money. That is not good enough and will make this clear to the court. ‘
Tornado Cash uses cryptographic smart contracts and zero knowledge certificates to cover up transaction paths of digital assets. It has been criticized for facilitating bad actors, such as the Lazarus Group in Noord -Korea, who uses Tornado in a continuous money to wash stolen funds on their way to nuclear development.
Grewal also quotes legal examples why he argues in court to make a final decision in the case.
“Under the exception of voluntary stopping, the decision of a suspect hinders to end a defended practice only if the defendant can show that the practice cannot be expected to return.” Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 US 167, 189, 120 (2000). Just the last term, the Supreme Court, held unanimously in FBI v. Fikre, 601 US 234 (2024), that the FBI no more than the requirement of the head of the head of the root list in the future.
Based on that decision, the fifth circuit rejected the argument of an agency that did not dispute the withdrawal of a provision ‘unilateral and the avoidance of judicial assessment’ because the agency could decide to re -visit the decision and to give a similar determination of the private party in the future. Lewis v. United States, 88 F.4TH 1073, 1078-1079 (5th Circ. 2023). “
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