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Legal experts say a large part of the trial will focus on whether the storm aims to use the hurricane funds for illegal means, whether he knew that he was used to launder stolen money, and whether he knew that failure means breaking the law, as the prosecutors claim.
Cohen says the defense will claim that the developers have never intended to use hurricane funds to commit fraud. He says: “The prosecution will say that they should have known, but they stuck their heads in the sand.”
The jury will also be presented with conflicting opinions on how to organize and operate Cash Tornado, which can have an impact on the stormy bases and other developers to be followed.
Government public prosecutors compete This cash hurricane has been operated effectively like any other profit work, regardless of the founders who give up controlling the basic code. In the indictment, they argue that the storm was running a money -making device, which required him to collect definition information about users who may have prevented money from assaulting electronic crime revenues.
Defense, and at the same time, he has Repeated and repeatedly emphasize The distance between the storm and the transactions that pass through a hurricane of criticism. Although developers managed an optional user interface, they had no time, they had no nursery for user money. Storm supporters claim that the government’s interpretation of the money transmission law is without precedent.
“If the publication of a software protocol for the special transactions carried out by people on their behalf is a crime in this country, we have abandoned all the first and fourth principles of amendment that makes this country wonderful,” Peter van Valcanberg, CEO at the Crypto Advocacy Center, claims that.
The guilty judgment, as well as implicitly, can deal with a potentially deadly kick for decentralized financing in the encryption circuits to develop financial services from peers to a counterpart from brokers who are looking for rent and control from top to bottom. “If you lose, Defi dies with me,” he wrote, in The June X Post. “The dream of financial freedom, and the law that I believe in – all this fades in the dark.”
The indirect effects may be larger in the range, and others have argued, leading to a chill in the form of all software development. “It is a referendum on the right to publish programs. It is much broader than Defi,” as Van Valcinberg claims. “It is a referendum on whether you can perform the software developer and the mediator for communications without facing unlimited criminal responsibility for penalties, money laundering and unlicensed money.”
If the storm is responsible for the abuse of Tornado Cash by illegal actors, its defenders ask, why is Linus Torvals not responsible for the criminality that the Linux operating system enables, or Meta responsible for the criminal activity that is made via WhatsApp?
In the event of a guilty ruling, there is a high possibility that these arguments will escalate to the courts of appeal. Many of the storm supporters say they prefer his chances in the second circle, where the judges are assigned – to cancel a jury from their peers – by making a cold and emotional ruling on the application of the law.
“The government theory cannot be correct and will be rejected by the courts, if not by a jury,” as Chervinsky claims. “The United States Supreme Court may be, as we end up.”
For his part, the storm reduced a firm and unreasonable personality with the approaching date of the trial. “I have no regret for my actions,” he said in a A recent interview With encryption in America podcast. “I will not change anything I did.”