A group of Tornado Cash users has filed an appeal in federal court following a ruling upholding the United States Treasury Department’s decision to add the cryptocurrency mixer to its list of sanctioned entities.
In a Nov. 13 filing in the U.S. Court of Appeals for the Fifth Circuit, lawyers representing plaintiffs Joseph Van Loon, Tyler Almeida, Alexander Fisher, Preston Van Loon, Kevin Vitale and Nate Welch argued that the U.S. Treasury “stretched [its] authority beyond recognition” in sanctioning Tornado Cash transactions. The filing came in response to an August decision by a Texas federal judge who ruled the crypto mixer could be sanctioned under the regulatory purview of Treasury’s Office of Foreign Assets Control.
“The district court erred by concluding that the Department satisfied three of the requirements for a designation under [International Emergency Economic Powers Act] and the North Korea Act,” said the Nov. 13 filing. “The Department’s action is contrary to law and in excess of statutory authority under the Administrative Procedure Act.”
According to the plaintiffs, smart contracts under Tornado Cash identified in the lawsuit were “immutable and ownerless” and failed to meet the U.S. Treasury’s regulatory definition of “property” subject to sanctions. The appeal also challenged the Treasury’s definition of “interest,” claiming Tornado Cash has no “legal, equitable, or beneficial interest” in users’ smart contracts.
The filing was the latest legal move in a lawsuit first filed by the six individuals in September 2022. The U.S. Treasury’s Office of Foreign Assets Control added Tornado Cash to its Specially Designated Nationals list in August 2022, prompting criticism and outrage from many in the space.
Coinbase chief legal officer Paul Grewal said in a Nov. 13 X (formerly Twiter) thread that he supported the efforts of the plaintiffs, saying the appellate court would carefully consider the filing. The crypto exchange has been publicly supporting Van Loon and the other plaintiffs since the September 2022 lawsuit.
Ordinary Americans do extraordinary and admirable things. With the support of @coinbase and many others, today the Loon plaintiffs took their case to the 5th Cir. to challenge sanctions against the ownerless, immutable software known as Tornado Cash. https://t.co/jALDHx950v 1/6
Crypto advocacy group Coin Center, which filed its own lawsuit against the U.S. Treasury over Tornado Cash in October 2022, similarly lost its case in Florida federal court. The group filed an appeal in the U.S. Court of Appeals for the Eleventh Circuit on Nov. 6.
U.S. authorities have also pursued criminal charges against individuals involved with Tornado Cash. In August, the Justice Department charged co-founders Roman Storm and Roman Semenov with conspiracy to commit money laundering, conspiracy to commit sanctions violations and conspiracy to operate an unlicensed money-transmitting business.
Storm was released on a $2-million bond following his arrest and pleaded not guilty to all charges in September, while Semenov was not in custody at the time of publication. Authorities in the Netherlands arrested Tornado Cash co-founder Alexey Pertsev for similar charges related to money laundering in August 2022. He was released in April 2023 to await trial.
According to the US Department of Justice, Wolf Capital’s co-founder has pleaded guilty to wire fraud conspiracy for luring 2,800 crypto investors into a Ponzi scheme.
Making Britain better off will be “at the forefront of the chancellor’s mind” during her visit to China, the Treasury has said amid controversy over the trip.
Rachel Reeves flew out on Friday after ignoring calls from opposition parties to cancel the long-planned venture because of market turmoil at home.
The past week has seen a drop in the pound and an increase in government borrowing costs, which has fuelled speculation of more spending cuts or tax rises.
The Tories have accused the chancellor of having “fled to China” rather than explain how she will fix the UK’s flatlining economy, while the Liberal Democrats say she should stay in Britain and announce a “plan B” to address market volatility.
However, Ms Reeves has rejected calls to cancel the visit, writing in The Times on Friday night that choosing not to engage with China is “no choice at all”.
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On Friday, Culture Secretary Lisa Nandy defended the trip, telling Sky News that the climbing cost of government borrowing was a “global trend” that had affected many countries, “most notably the United States”.
“We are still on track to be the fastest growing economy, according to the OECD [Organisation for Economic Co-operation and Development] in Europe,” she told Anna Jones on Sky News Breakfast.
“China is the second-largest economy, and what China does has the biggest impact on people from Stockton to Sunderland, right across the UK, and it’s absolutely essential that we have a relationship with them.”
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Nandy defends Reeves’ trip to China
However, former prime minister Boris Johnson said Ms Reeves had “been rumbled” and said she should “make her way to HR and collect her P45 – or stay in China”.
While in the country’s capital, Ms Reeves will also visit British bike brand Brompton’s flagship store, which relies heavily on exports to China, before heading to Shanghai for talks with representatives across British and Chinese businesses.
It is the first UK-China Economic and Financial Dialogue (EFD) since 2019, building on the Labour government’s plan for a “pragmatic” policy with the world’s second-largest economy.
Sir Keir Starmer was the first British prime minister to meet with China’s President Xi Jinping in six years at the G20 summit in Brazil last autumn.
Relations between the UK and China have become strained over the last decade as the Conservative government spoke out against human rights abuses and concerns grew over national security risks.
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How much do we trade with China?
Navigating this has proved tricky given China is the UK’s fourth largest single trading partner, with a trade relationship worth almost £113bn and exports to China supporting over 455,000 jobs in the UK in 2020, according to the government.
During the Tories’ 14 years in office, the approach varied dramatically from the “golden era” under David Cameron to hawkish aggression under Liz Truss, while Rishi Sunak vowed to be “robust” but resisted pressure from his own party to brand China a threat.
The Treasury said a stable relationship with China would support economic growth and that “making working people across Britain secure and better off is at the forefront of the chancellor’s mind”.
Ahead of her visit, Ms Reeves said: “By finding common ground on trade and investment, while being candid about our differences and upholding national security as the first duty of this government, we can build a long-term economic relationship with China that works in the national interest.”