US Court Blocks Treasury From Sanctioning Tornado Cash Again

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By Maxwell Reed

A significant legal development concerning the U.S. government’s oversight of cryptocurrency mixing services emerged from a recent federal court decision in Texas. This ruling specifically bars the Treasury Department from reinstating sanctions against the Tornado Cash platform, representing a notable point in the continuing interactions between the cryptocurrency sector and regulatory authorities.

Background of the Tornado Cash Sanctions Case

In 2022, the Office of Foreign Assets Control (OFAC), a division of the U.S. Department of the Treasury, placed Tornado Cash on its sanctions list. The justification provided was the alleged use of the platform for laundering significant sums of digital currency, reportedly amounting to billions, which included funds connected to the North Korean cybercrime group known as the Lazarus Group. After extensive legal disputes, Tornado Cash was removed from this sanctions list just last month. Nevertheless, the Treasury Department argued that the legal challenge against the sanctions had become moot (irrelevant) due to the removal, implying they might still possess the authority to re-list the service later.

Court Rejects Treasury’s Position

The U.S. District Court for the Western District of Texas did not accept the Treasury’s view. The court explicitly refuted the claim that the case was moot. Judge Robert Pitman highlighted the potential risk of the agency attempting to “reimpose exactly the same designation” down the line. The judge took issue with the Treasury’s explanation for the de-listing, pointing out that the department suggested it was an exercise of ‘discretion’ based on policy and legal factors, rather than admitting it was necessitated by directives from higher courts.

Permanent Block and Industry Reaction

As a result, the court delivered a firm judgment. It officially labeled the Treasury’s prior implementation of sanctions targeting Tornado Cash as “illegal”. Moreover, the ruling imposes a permanent injunction, preventing the Treasury Department from applying the identical sanction designation to the crypto mixer again. This decision garnered positive responses from individuals within the cryptocurrency field. Notably, Coinbase’s chief legal officer described the Treasury’s preceding arguments as “nonsense,” echoing widespread industry apprehension regarding what is often seen as excessive regulatory action.

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