A Dutch court has decided not to grant bail to Alexey Pertsev, the developer of Tornado Cash, who was convicted of money laundering in May. This ruling comes as a blow to Pertsev, who has been in custody for the past two months without access to a computer or the internet, which he requested in order to prepare for his defense.
Despite arguments from his defense lawyers, Keith Cheng and Judith de Boer, that Pertsev is not a flight risk and needs internet access to properly prepare his case, the court has maintained that his detention will not hinder his ability to defend himself.
Cheng expressed his disappointment with the court’s decision, stating that they had outlined 18 points for Pertsev’s appeal that required computer access. However, both the court and the prison where Pertsev is being held denied the request for computer access, citing safety concerns.
De Boer, on the other hand, believes that pre-trial detention in a case of such importance is unacceptable. She emphasized that this case raises crucial legal questions about the criminal liability of a software developer for third-party misuse, which could have far-reaching implications for the legal system.
Pertsev was arrested in Amsterdam in August 2022 for his suspected involvement in concealing criminal funds and facilitating money laundering through the Ethereum decentralized mixing service. He was found guilty by a Dutch judge in May and sentenced to 64 months in prison.
This case highlights the complexities and challenges faced by developers in the cryptocurrency space, as well as the legal implications of their creations. It also raises important questions about the responsibility of developers for how their technology is used by others, and the potential legal consequences that may arise as a result.
