Dutch Court suspends the pretrial detention of Tornado Cash dev Alexey Pertsev

  • Alexey Pertsev has been freed under electronic watch
  • Pertsev was sentenced to five years and four months in prison for money laundering
  • The developer has been in jail since 2022

Tornado Cash developer Alexey Pertsev has been released from custody following a ruling that favored electronic surveillance over continued pretrial detention.

Pertsev, who was released on February 7 at 10 am, was charged with money laundering and linked to the US Treasury’s sanctions against Tornado Cash. According to the US government, the protocol was allegedly involved in illicit financing.

Pertsev was found guilty of money laundering in 2024 and has been detained since August 2022.

Notably, Pertsev’s release comes nearly a month after the Texas court overturned sanctions on Tornado Cash.

Pertsev expressed his gratitude for this opportunity, taking to X to say, “Dear Friends, on Friday 7 February at 10 am I will be free! It is not real freedom, but it is better than prison.”

He further noted that this development would give him “a chance to work on my appeal and fight for justice.”

Alexey Pertsev’s woes

Pertsev’s case has been under the international spotlight since 2022. The US Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Tornado Cash, accusing the platform and its developers of facilitating money laundering.

Despite these allegations, Pertsev and his legal team have contested the charges, arguing that developers should not be held accountable for how their open-source software is used by others. This argument resonates with many in the cryptocurrency community who advocate for the separation of developers’ liability from the actions of users.

Previously, the Dutch court countered Pertsev’s defence, stating that Pertsev and his co-founders at Tornado Cash did not take adequate measures to prevent misuse by criminal entities, including the notorious North Korean cybercrime group, Lazarus. The court went ahead and sentenced Pertsev to five years and four months in prison for money laundering, a ruling which his lawyers immediately appealed.

Pertsev had applied for bail multiple times without success, with the prosecution labelling him as a “flight risk.”

Therefore, the court’s decision to allow electronic monitoring represents a shift in perspective, possibly acknowledging the complexities involved in prosecuting tech developers in the blockchain and cryptocurrency space.

As Pertsev now focuses on his appeal, the crypto community and legal observers watch closely, recognizing this case’s potential to influence future legal interpretations of developer accountability in the rapidly evolving tech landscape.

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Cboe Exchange files XRP ETFs 19b-4 forms for four issuers

  • 21Shares, Bitwise, Canary Capital, and WisdomTree filled in the 19b-4 forms
  • The SEC will begin a review process once it acknowledges the forms and will have 240 days to make a decision
  • The SEC approved the listing of spot Bitcoin ETFs in January 2024

The Chicago Board Options Exchange (Cboe) has filed four separate filings on behalf of issuers to launch spot XRP exchange-traded funds (ETFs).

The exchange filed the 19b-4 forms from 21Shares, Bitwise, Canary Capital, and WisdomTree.

The filings will begin a review process with the US Securities and Exchange Commission (SEC). Following acknowledgement from the agency, there will be a 240-day window for the SEC to either approve or deny the filings.

Crypto-friendly Mark Uyeda is currently the acting chair of the SEC.

In October, Bitwise filed an S-1 form for an XRP ETF with the SEC. Similarly, Canary Capital filed for an XRP ETF last year, reflecting its broader strategy to bring multiple crypto ETFs to the market.

The SEC approved the listing of spot Bitcoin ETFs in January 2024.

This is a developing story.

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