Outcry as Court Denies Bail and Computer Access to Tornado Cash Developer

• Court denies bail and computer access for Tornado Cash developer Alexey Pertsev, sparking widespread criticism.
• Pertsev was sentenced to over 5 years for laundering $1.2 billion, and the community decried the court’s decisions as unjust.
• The defense argues that Pertsev’s pre-trial detention is an unfair, vital case on developers’ liability for third-party misuse.

In recent events, the court denied the bail request for Tornado Cash developer Alexey Pertsev. 

This denial extends to the defense lawyers’ appeal for granting Pertsev access to a computer, which they had requested to aid in his trial preparation. The defense team and the broader community have criticized the court’s decisions, labeling them unfair and unjust.

Earlier this year, in May 2024, Pertsev was convicted on charges of laundering $1.2 billion and received a sentence of five years and four months in prison. His sudden arrest and subsequent sentencing have caused significant upheaval in the ecosystem, with numerous prominent figures voicing their disapproval of the court’s actions. 

Nym CEO Harry Halpin described the ruling as “radically unfair and unreasonable.” Similarly, Adam Cochran, Managing Partner at Cinneamhain Ventures, condemned it as a “gross misapplication of the law and a bastardization of justice.” 

The defense lawyers had anticipated that the court would grant Pertsev bail, allowing him to prepare for his trial from home. Consequently, they requested that the court provide Pertsev with computer access to assist in the trial preparation.

However, in a surprising move, the court not only denied the bail request but also the request for computer access. The court argued that Pertsev’s continued detention would not hinder his ability to prepare for the trial and maintained that providing him with a computer would violate safety protocols.

Judith de Boer, Pertsev’s lawyer, expressed strong dissatisfaction with the court’s ruling, stating that “pre-trial detention is unacceptable.” She emphasized the significance of this unprecedented case, which addresses the criminal liability of software developers for third-party misuse of their creations. De Boer argued that Pertsev should be free to await and prepare for his appeal, a situation she believes would benefit the entire legal system.

In response to the court’s decision regarding Pertsev’s detention, an account associated with JusticeDAO on the social media platform X labeled it a “gross miscarriage of justice.” This account, which organizes donations for Pertsev’s defense, highlighted the perceived injustice in the ongoing case.