• Adam Cochran alleges judicial misapplication in Tornado Cash developer’s case.

  • A Dutch court sentenced Alexey Pertsev to 64 months in prison.

  • According to Cochran, the court’s line of logic over the case is heinous.

Managing Partner at Cinneamhain Ventures Adam Cochran sharply criticized the reported court decision against the Tornado Cash developer Alexey Pertsev calling it a “gross misapplication of the law and a bastardization of justice.” 

According to Cochran, the court’s judgment is based on the assumption that there are no legitimate reasons for using privacy tools and that failing to actively prevent criminal activity constitutes criminal intent.

1/4Let’s be painfully fucking clear:This is a gross misapplication of the law, and a bastardization of justice.The Tornado Cash case assumes there is no legitimate use for privacy, and that inaction prior to knowledge, should count as criminal intent. https://t.co/c8v75XhD8c

— Adam Cochran (adamscochran.eth) (@adamscochran) May 14, 2024

Cochran’s comments were in response to a post by Lefteris Karapetsas, founder of the Rotkiapp privacy solution. Karapetsas’ post highlighted key points from the court’s decision including the court’s finding that Tornado Cash was used by criminals and that the developer did nothing to stop it.

The court also reportedly concluded that Tornado Cash has no legitimate non-criminal use, effectively accusing Pertsev of both criminal intent and negligence.. Karapetsas further noted that Pertsev was sentenced to over five years in prison and that his car and crypto assets were confiscated.

Cochran argued that the court’s decision sets a dangerous precedent. He believes the prosecution failed to demonstrate that Pertsev intended for Tornado Cash to be used for criminal purposes. Simply because the tool could be misused does not equate to criminal intent, according to Cochran.

Cochran described the court’s logic as flawed, arguing that the judgment represents another instance of the erosion of privacy rights. Cochran contends that the desire for privacy is not synonymous with hiding criminal activity. People have the right to keep their financial information and activities private, even if they have nothing to hide.

On Tuesday, a three-judge Dutch court convicted Pertsev of laundering an estimated $2.2 billion in illicit assets through Tornado Cash. While delivering the verdict, Judge Henrieke Slaar reportedly stated that Tornado Cash was designed specifically for criminal activity.

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