Alexey Pertsev, the developer behind the OFAC-sanctioned crypto mixer Tornado Cash, has been denied bail as his lawyers prepare an appeal against money laundering charges. Pertsev will remain in prison for the next year during the appeal process.
Bail Denied and Limited Access
Pertsev’s defense lawyer, Keith Cheng, expressed surprise at the bail denial, which included a rejection of Pertsev’s request for computer access to prepare his defense. The court maintained that Pertsev’s continued detention would not impede his ability to prepare for his defense, citing safety protocols as the reason for denying computer access.
Legal Team’s Response
Judith de Boer, another lawyer representing Pertsev, criticized the court’s decision, calling pre-trial detention for such a fundamentally legal question “unacceptable.” De Boer emphasized the unprecedented nature of the case, which seeks to determine the criminal liability of a software developer for third-party misuse.
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Background and Previous Denials
Pertsev was found guilty of money laundering by the ‘s-Hertogenbosch Court of Appeal in the Netherlands on May 14. He was sentenced to five years and four months in prison for allegedly laundering $1.2 billion worth of illicit assets through Tornado Cash.
The July 13 decision marks the third time Pertsev’s bail request has been denied. His initial request in November was denied based on the prosecution’s argument that he posed a flight risk. A subsequent request in February was also denied.
Community Reaction
JusticeDAO, an organization raising funds for the legal defense of Tornado Cash developers, condemned the ruling as a “gross miscarriage of justice.” In a July 12 post on X, the organization stated, “Developers do not belong in jail for the actions of third parties.”
During his March trial, Pertsev argued that he could not be held liable for the actions of those who used the Tornado Cash protocol for illegal purposes. The court rejected this argument, stating that Pertsev and the other co-founders should have taken further measures to prevent criminal abuse of the protocol.
