Dutch Court Denies Tornado Cash Developer’s Request For Bail

Alexey Pertsev, the core developer behind the United States Office of Foreign Assets Control (OFAC)-sanctioned crypto mixer Tornado Cash, has been denied bail by the Dutch court. Additionally, he was denied access to a computer which would have enabled him to help his lawyers prepare for his trial. The court mentioned that the request for access to a computer goes against its safety protocol.

As it stands, the Tornado Cash developer who was arrested in 2022 will remain in jail while his appeal is processed. His jail time preceding the appeal trial could be for a year or more. Pertsev’s defense lawyer, Keith Cheng, admitted to DL News that he was surprised by the rejection of his client’s bail request. 

Pertsev Appeals Court Jail Sentence 

Notably, Pertsev received a five-year and four-month prison sentence from a three-judge panel for money laundering. 

His team of legal experts filed an appeal with the s-Hertogenbosch Court of Appeal. They hoped that he would be released and that the trial would take place in Pertsev’s home country with access to the internet. This prompted their request for bail, which was unfortunately denied.

This marks the third time that Pertsev’s request for bail has been denied. Nine months ago, the developers pleaded to be released under surveillance but were denied by a Dutch court. The court based its decision on the prosecution’s argument that Pertsev posed a flight risk.

Reactions on Dutch Court Bail Denial 

An X account associated with JusticeDAO thinks this verdict is a gross miscarriage of justice. JusticeDAO is a body that organizes donations for the legal defense of Tornado Cash’s developers. 

“Developers do not belong in jail for the actions of third parties,” the Z account wrote. Similarly, Pertsev’s lawyer Judith de Boer voiced her displeasure with the court’s decision. 

She noted that pre-trial detention involving “such fundamental” legal questions was “unacceptable.” 

“This unprecedented case addresses when a software developer can be criminally liable for third-party misuse,” de Boer added.

Tornado Cash Executives Face Enforcement Action 

Other entities implicated in the Tornado Cash case are its co-founders Roman Storm and Roman Semenov who remains at large. Storm tried to dismiss the charges against him but his case remains in court. His defense team is keen on the fact that the prosecution failed to adequately demonstrate his direct involvement in the alleged criminal activities outlined in the indictment.

On the other hand, the search for Semenov continues.