Tornado Cash indictment fails to show ‘clear violation’ of certain laws: Coin Center
Crypto advocacy group Coin Center has criticized the latest indictment of two former Tornado Cash developers, arguing that the facts offered don’t show any clear violations of money-transmitting-related offenses.
Roman Storm and Romen Semenov were indicted by the United States Office of Foreign Asset Control (OFAC) on Aug. 23 for conspiring to operate an unlicensed money-transmitting business, among other charges.
In a follow-up opinion piece, Coin Center research director Peter Van Valkenburgh argues that the claims in the indictment appear to run counter to guidance from the U.S. Financial Crimes Enforcement Network — arguing that Tornado Cash only provides the software to transmit money, rather than transmitting the money itself.
New Tornado Cash indictments seem to run counter to FinCEN guidance
Coin Center’s initial thoughts on a case that could potentially criminalize the publication of software codehttps://t.co/YCBv3vsZAE
— Neeraj K Agrawal (@NeerajKA) August 23, 2023
“The only thing the indictment claims regarding the defendants’ unlicensed money transmission is that they ‘engaged in the business of transferring funds on behalf of the public’ and did so without registering with FinCEN,” wrote Valkenburgh.
But does the indictment state any facts that actually show that the defendants engaged in any activities that qualify as money transmission under the relevant law?
He pointed to an interpretation by FinCEN as to what constitutes “money transmission services” under the U.S. Bank Secrecy Act, which states:
“An anonymizing software provider is not a money transmitter.”
Valkenburgh then referred to another excerpt stating that only people using the software can be considered money transmitters:
“[A] person that utilizes the software to anonymize the person’s own transactions will be either a user or a money transmitter, depending on the purpose of each transaction.”
While Valkenburgh said that Tornado Cash made it easier for individuals to use the protocol’s smart contracts to transmit money, he argued it doesn’t mean that the developers were money transmitters themselves.
“[But] that doesn’t somehow mean that they became transmitters merely because they provided tools that others used to transmit their own money,” Valkenburgh explained.
Valkenburgh also criticized claims in the indictment suggesting that Storm and Semenov had complete control over the protocol’s smart contracts.
“Ethereum smart contracts are variable and sometimes people have no control over their operation, some control, or total control. This is the key fact needed to determine whether one is performing money transmission, he argued.
Related: Crypto lobbyists still fighting to axe ‘unlawful’ Tornado Cash sanctions
Coin Center first voiced its opposition toward the U.S. Treasury in October when it sued the agency for its unprecedented and unlawful sanctioning of Tornado Cash.
The OFAC indictment claims Storm and Semenov ran an unlicensed money transmission service by engaging in the business of transferring funds on behalf of the public. The enforcement agency claimed the developers should have registered with FinCEN.
Semenov was added to OFAC’s list of Specially Designated Nationals and Blocked Persons on Aug. 23, while Storm was arrested by the Federal Bureau of Investigation in Washington state on the same day.
Alexey Pertsev, another one of Tornado Cash’s founders, was imprisoned by Dutch authorities in Aug. 2022 before being released in late April.
Valkenburgh believes the outcome of the Tornado Cash saga will have a profound impact on the legal rights of United States citizens to build and publish software in the future.
Magazine: Magazine: Tornado Cash 2.0 — The race to build safe and legal coin mixers
The US housing regulator’s decision to recognize crypto assets in mortgage applications marks a historic shift from exclusion to integration, opening new pathways to homeownership.
Politics
Govt vows to protect ‘pavement pints’ and make it easier for pubs to extend their opening hours
“A wave of new cafes, bars, music venues and outdoor dining” could come to the UK – as the government unveils plans to overhaul planning rules and “breathe new life into the high street”.
Under the proposals, ministers also want to reform licensing rules to make it easier for disused shops to be converted into hospitality venues.
In a statement, Chancellor Rachel Reeves said she planned to scrap “clunky, outdated rules… to protect pavement pints, al fresco dining and street parties”.
The reforms also aim to prevent existing pubs, clubs, and music venues from suffering noise complaints when new properties hit the market.
Developers who decide to build near those sites will be required to soundproof their buildings.
Reuters file pic
As part of dedicated “hospitality zones”, permission for al fresco dining, street parties and extended opening hours will be fast-tracked.
The government says the reforms aim to modernise outdated planning and licensing rules as part of its Plan for Change, to help small businesses and improve local communities.
The rough plans will be subject to a “call for evidence” which could further shape policy.
Business Secretary Jonathan Reynolds said the proposals will “put the buzz back into our town centres”.
“Red tape has stood in the way of people’s business ideas for too long. Today we’re slashing those barriers to giving small business owners the freedom to flourish,” he said.
The hospitality industry has broadly welcomed the changes but argued tax reform was also essential.
Kate Nicholls, chairwoman of UKHospitality, described the proposals as “positive and encouraging”.
However, she added: “They can’t on their own offset the immediate and mounting cost pressures facing hospitality businesses which threaten to tax out of existence the businesses and jobs that today’s announcement seeks to support.”
Read more from Sky News:
Licensing reforms for London venues
Pubs forced to adapt to survive
While supporting the reforms, Emma McClarkin, chief executive of the British Beer and Pub Association (BBPA), had a similar message.
“These changes must go hand in hand with meaningful business rates reform, mitigating staggering employment costs, and a cut in beer duty so that pubs can thrive at the heart of the community,” she said.
In July, BBPA estimated that 378 pubs will shut this year across England, Wales and Scotland, compared with 350 closures in 2024, which it said would amount to more than 5,600 direct job losses.
Please use Chrome browser for a more accessible video player
Pubs closing at a rate of one a day
Bar chain Brewdog announced this week that it would close 10 sites, partly blaming “rising costs, increased regulation, and economic pressures”.
Andrew Griffith MP, shadow business secretary, said: “Though any cutting of red tape for hospitality businesses is welcome, this is pure hypocrisy and inconsistency from Labour.”
He said the government was “crippling the hospitality industry by doubling business rates, imposing a jobs tax and a full-on strangulation of employment red tape”.
Politics
Heathrow-funded group sending ‘incredibly misleading’ mail to homes across west London, campaigners allege
A campaign group for a third runway at Heathrow that gets funding from the airport has been distributing “incredibly misleading” information to households in west London, according to opponents of the expansion.
The group, called Back Heathrow, sent leaflets to people living near the airport, claiming expansion could be the route to a “greener” airport and suggesting it would mean only the “cleanest and quietest aircraft” fly there.
It comes as the airport prepares to submit its planning application for a third runway ahead of the 31 July deadline, following the government’s statement of support for the expansion.
A plane lands over houses near Heathrow Airport. Pic: PA
Back Heathrow calls itself a “local campaign group of over 100,000 residents” and does not mention the funding it receives from the airport in the newsletter.
Its website also does not mention the current financial support and says it “initially launched with funding from Heathrow Airport but we have since grown”.
Back Heathrow also told Sky News it had “always been open” about the support it receives from the airport.
At the bottom of every web page, the organisation says: “Back Heathrow is a group of residents, businesses and community groups who have come together to defend the jobs that rely on Heathrow and to campaign for its secure future.”
Heathrow Airport said it had always been clear about funding Back Heathrow, but would not disclose how much it provides.
Parmjit Dhanda in 2009 at the hustings to be Speaker of the House of Commons. Pic: Reuters
Who’s behind Back Heathrow?
The group’s executive director is former Labour minister Parmjit Dhanda, who was MP for Gloucester from 2001 to 2010 and sits on the National Policy Forum – the body responsible for developing Labour policy.
Latest accounts for Back Heathrow show it had five employees, including its two directors, in the financial year ending 30 June 2024. The second director is John Braggins, a former campaign adviser to Tony Blair.
The business had £243,961 in cash, the accounts show.
What are the group saying?
In the newsletter, executive director Mr Dhanda said people ask if Heathrow is sustainable. In answering the question, he appeared to suggest the airport can dictate what types of planes use Heathrow.
“We can build a cleaner, greener and smarter airport – using more sustainable aviation fuel, ensuring only the cleanest and quietest aircraft fly here, reduce stacking in our skies and modernise our airspace to cut emissions in flight,” he wrote.
When asked by Sky News what Back Heathrow meant and what the source for the claim was, the organisation pointed to the airport’s traffic light system of noise and emission measurements for the 50 largest airlines serving Heathrow.
“The scheme helps to see what areas certain airlines are excelling in and where improvements can be made,” a spokesperson said.
But those “cleaner and greener” claims were dismissed as “myths” by one campaigner.
Back Heathrow’s spring 2025 newsletter
Finlay Asher is an aerospace engineer and co-founder of Safe Landing, a group of aviation workers and enthusiasts seeking climate improvements in the industry.
He said the emissions savings from sustainable aviation fuel (SAF) were “highly debatable” – but added that even if they were taken at face value, use of these fuels is “relatively low” and so only provides small emissions reductions.
“Air traffic growth at Heathrow will wipe this out,” he said.
Mr Asher also disputed the claim that only the cleanest and quietest aircraft will fly at Heathrow. “There is no policy in place which prevents older generation aircraft from being operated out of any airport,” he said.
As for reducing “stacking” – where aircraft wait over an airport to land – Mr Asher said if that’s the goal, “adding more aircraft to the sky won’t make this easier”.
Opposition to Back Heathrow’s claims also came from Rob Barnstone, founder of the No Third Runway Coalition, which is funded by five local authorities surrounding Heathrow Airport.
He said that regardless of fuel efficiencies or new quieter engines, having the additional 260,000 flights Heathrow has said will be created with an extra runway – in addition to the airport’s current cap of 480,000 – would create “an awful lot of noise”.
“For all the best will in the world, Heathrow is a very, very, very noisy neighbour… When you’re adding a quarter of a million additional flights, that’s going to create an awful lot of emissions, even if they’re using planes that are ever so slightly less environmentally damaging than previous planes,” Mr Barnstone said.
Green claims
Under the heading of “UK sustainable fuel industry for Heathrow”, Back Heathrow said “advances in electric and hydrogen powered aircraft can ensure we meet our environmental targets”.
Elaborating on this, Back Heathrow told Sky News: “Zero-emission electric and hydrogen aircraft are very much the end goal for civil aviation and countries like Norway have set 2040 as the year that all of their short-haul flights will be by electric planes.”
The statement was called “incredibly misleading” by Dr Alex Chapman, senior economist at the left-leaning think tank New Economics Foundation (NEF).
“There’s just absolutely no confidence that those aircraft are going to have any meaningful impact on emissions and commercial aviation in any reasonable time frame. And, yeah, we can all speculate as to what may not happen in 50 years’ time. But I think the people living around the airport should be given the information about what’s actually realistic.”
Even if the technology were available, the runway may not be ready for it, Dr Chapman said.
“Perhaps more importantly, there’s been no indication so far that the proposed new runway is being built to cater for those types of aircraft, because a runway that caters to electrical, hydrogen powered aircraft would be very different to one that was for conventional fuel, particularly in terms of the fuelling infrastructure around it that would be required: pipes to pipe hydrogen, massive charging power facilities.”
Please use Chrome browser for a more accessible video player
Heathrow CEO on expansion plans
While work is under way to develop electric aircraft, there are currently no commercial electric flights taking place. The best-case scenario is battery-powered flights that may be suitable for short journeys.
But as a major international airport, more than 40% of Heathrow’s flights are long-haul and medium-haul.
And while airlines such as easyJet have called for government funding to develop hydrogen flying suitable for short-haul flights, there are obstacles to making regular commercial flights a reality.
Providing enough hydrogen for the plane journeys from renewable sources will be challenging, as will transporting the fuel, and reworking airport infrastructure for hydrogen refuelling.
Plans for hydrogen aircraft are at least a decade away, with Airbus saying it wants to get a 100-seat hydrogen plane in the air by 2035 – although Back Heathrow’s estimates for a third runway have flights taking off in 2034.
For now, rising emissions from flying are risking the UK’s climate targets, according to the independent government advisers of the Climate Change Committee, who found flights contribute more greenhouse gas than the entire electricity supply sector.
Back Heathrow’s spring 2025 newsletter
Expanding at ‘full capacity’
On the first page of the newsletter, Back Heathrow says “Heathrow is at full capacity”, but the company told Sky News the airport has been “operating at 98% capacity since 2005”.
Despite its 98% capacity, Heathrow Airport has broken passenger number records every year for the past 14 years – excluding the pandemic years of 2020 to 2023.
Dr Chapman said Heathrow is at capacity regarding the government-imposed flight cap, not at the capacity of the current runway infrastructure.
“So if the government were, for example, to lift that cap on the number of aircraft movements, it’s pretty likely that they could actually fly 10% to 20% more flights out of the existing infrastructure,” he said.
As aeroplanes have expanded to carry more passengers, the airport has welcomed more people, he added.
The airport earlier this month announced plans to increase its capacity by 10 million passengers a year, before a third runway is built, and to raise the charge paid by passengers to fund the investment.
Read more:
New internet rules come into force – here’s what is changing
Good economic news as sunny weather boosted retail sales
How have the group and the airport responded?
A Heathrow spokesperson said: “Back Heathrow represents tens of thousands of local people who want to make their views known on the importance of Heathrow to their communities and livelihoods today and into the future.
“We have always been clear that, alongside individual residents, local business groups and trade unions, we provide funding for Back Heathrow to provide a voice for local people who historically have not been heard in the debate about expanding Heathrow.”
Speaking for the campaign group, Mr Dhanda said: “At Back Heathrow we are proud of our link to Heathrow Airport (the clue is in the name).
“We have always been open about the fact that we receive support from the airport and that they helped set the organisation up to balance the debate about expansion at a time when the voices of ordinary working people from the diverse communities around Heathrow were not being heard.”
“Back Heathrow also receives support from trade unions, local businesses and residents from amongst the 100,000 registered supporters it now has,” he added.
“We want an end to the dither and delay. Back Heathrow supporters want to see economic growth and the thousands of new jobs and apprenticeships a new runway will create.”
-
Sports3 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports1 year agoStory injured on diving stop, exits Red Sox game
-
Sports2 years agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports4 years ago
Team Europe easily wins 4th straight Laver Cup
-
Sports2 years agoButton battles heat exhaustion in NASCAR debut
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike