‘Code Alone Is Not a Crime’: DOJ Clarifies Stance Following Tornado Cash Case
The US Department of Justice has clarified it will no longer pursue charges against developers for the unintended misuse of decentralized protocols, following the Tornado Cash verdict that convicted co-founder Roman Storm on a money transmission charge.
DOJ Signals Shift in Approach
Weeks after Tornado Cash co-founder Roman Storm was convicted on a money transmission charge, a senior Department of Justice official indicated that prosecutors would not pursue similar cases in the future. Speaking at the American Innovation Project (AIP) Summit in Jackson, Wyoming, acting assistant attorney general Matthew Galeotti said that software developers should not be criminally liable for the actions of users who misuse their code.
Galeotti’s comments came as he addressed industry concerns about prosecutorial overreach against developers of decentralized tools.
Concerns Over Developer Accountability
Crypto advocacy groups have long argued that holding developers responsible for third-party misuse of open-source protocols threatens innovation. Amanda Tuminelli, executive director of the DeFi Education Fund, welcomed the DOJ’s remarks, saying the statement aligned with what the sector had been “advocating for years.”
The remarks follow a DOJ memo issued in April, prior to Storm’s trial, which outlined that the department would no longer pursue cases targeting crypto mixers based solely on user behavior or unintentional regulatory violations.
The Tornado Cash Case
Roman Storm, co-founder of privacy protocol Tornado Cash, was convicted in New York earlier this month of operating an unlicensed money transmitting business. He faced additional charges of money laundering and sanctions evasion, but jurors failed to reach a verdict on those counts. Prosecutors may seek a retrial.
The trial centered on 18 U.S.C. 1960, a federal statute covering unlicensed money transmission. Galeotti clarified that new charges under this law would not be approved where protocols are “truly decentralized” and operate without custody or control of user assets. However, he emphasized that cases involving clear criminal intent would still be subject to prosecution.
Industry Fallout
Storm’s conviction has raised alarm across the crypto industry, with critics arguing that the money transmission charge mischaracterizes Tornado Cash’s decentralized design. Supporters said the verdict could discourage developers from building privacy-preserving applications, despite their legitimate uses.
Prosecutors countered that Storm maintained meaningful control over Tornado Cash, challenging claims of complete decentralization. The protocol, originally created to enhance privacy on Ethereum, became a tool for laundering over $500 million in stolen crypto in 2022, including funds linked to North Korean hackers.
Looking Ahead
It remains unclear whether Galeotti’s clarification would have shielded Storm from prosecution. His legal team has confirmed plans to appeal the conviction, while the industry continues to watch closely for precedent-setting implications.
The DOJ’s revised stance signals a potential recalibration of its enforcement strategy. By distinguishing between intentional misconduct and the unintended misuse of open-source software, the department appears to be drawing new boundaries around developer liability in the crypto space.
Disclaimer: This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.
