The developer of the popular cryptocurrency mixer Tornado Cash, Alexey Pertsev, is facing a tough legal battle as he has been denied bail for the third time. Pertsev, who is currently detained, is preparing an appeal against his money laundering charges.
His defense attorney, Keith Cheng, revealed that the court also denied a request for Pertsev to access a computer, which is crucial for preparing his appeal. The court argued that his detention does not hinder his defense and that allowing him computer access would violate safety protocols.
Judith de Boer, another of Pertsev’s lawyers, criticized the court’s stance, calling it unacceptable. She raised questions about when a software developer can be held criminally accountable for third-party misuse.
Pertsev was found guilty of money laundering by the ‘s-Hertogenbosch Court of Appeal in the Netherlands and was sentenced to five years and four months for his role in laundering $1.2 billion through Tornado Cash. The platform has been linked to high-profile cybercrimes, including the theft of $147.5 million from the HTX crypto exchange by North Korean entities associated with the Lazarus group.
Despite Pertsev’s claims that he should not be held responsible for the misuse of Tornado Cash, the court dismissed his defense, stating that he and his co-founders could have implemented stricter security measures to prevent such activities.
JusticeDAO, a group supporting the legal defense of Tornado Cash developers, strongly criticized the court’s decision, calling it a “gross miscarriage of justice.”
As Pertsev’s legal team prepares for the appeal, he is expected to remain in custody. His lawyers argue that his prolonged pre-trial detention is unwarranted, especially in a case that could have significant implications for the liability of software developers.
