In a significant legal move, the Blockchain Association backed six plaintiffs on November 20, challenging the U.S. Treasury’s Office of Foreign Assets Control (OFAC) over its sanctions on the cryptocurrency mixer Tornado Cash, citing overreach and constitutional concerns.
Today we filed an amicus brief in the 5th Circuit appeal of Van Loon v. Treasury regarding OFAC’s sanctions against Tornado Cash.
— Blockchain Association (@BlockchainAssn) November 20, 2023
Read Senior Counsel @MTCoppel's thread below for more. 👇https://t.co/1pmSAt1Bds https://t.co/c5ScaTDr9N pic.twitter.com/e9ySvcKdeM
The Blockchain Association, in its amicus curiae brief to a U.S. appellate court, argued that OFAC’s decision to sanction Tornado Cash was not only unlawful but also exceeded its statutory authority. This marks an escalation in the ongoing legal battle against the crypto mixer’s inclusion in the list of sanctioned entities.
The brief, filed on November 20, criticizes OFAC’s approach as “arbitrary and capricious,” potentially infringing on the U.S. Constitution. This is the second amicus brief by the Blockchain Association in support of Tornado Cash users.
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Marisa Coppel, senior counsel for the Blockchain Association, stated, “OFAC must see Tornado Cash for what it is: a tool that can be used by anyone. Rather than sanctioning a tool with a lawful purpose, OFAC should remain focused on the bad actors that misuse such tools.” She emphasized the need for OFAC to act within legal boundaries, suggesting Congressional approval for banning crypto mixers like Tornado Cash.
5/ OFAC’s authority only extends to persons or property…the Tornado Cash software is neither.
— Marisa Tashman Coppel (@MTCoppel) November 20, 2023
There is no owner.
No operator.
It functions autonomously.
And immutably.
The OFAC sanctioned Tornado Cash in August 2022, alleging its use in laundering over $7 billion in cryptocurrencies since 2019, including funds stolen by North Korea-affiliated Lazarus Group. The Blockchain Association maintains that Tornado Cash, having no owner or operator, functions autonomously.
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