Paul Grewal, legal director of Crypto Exchange Coinbase (Coin), criticized the recent presentation of the United States Treasury that seeks to discuss the need for a final court sentence with respect to Tornado’s cash after eliminating the cryptographic mixer of the sanctions list.
On Friday, the surveillance agency of the Treasury department eliminated the tornado cash of its global blacklist, while eliminating more than 100 Ether addresses (ETH) from the list of specially designated nationals. The platform was revealed in 2022 for its alleged role in washing $ 445 million stolen by the Lázaro cybercrime group linked to North Korea.
Then, the treasure argued that the action of eliminating the tornado cash solved the problem in question and that a failure of the final court that ordered that the cryptographic mixer of its list of sanctions eliminated was no longer necessary, according to a judicial presentation dated March 21.
Grewal, however, said that the treasure attempts that the case has declared that discussing is an attempt to dodge a ruling from the Fifth Circuit Court of Appeals that will leave the door open for a renewed black list and sanctions.
“After relucting, now they claim that they have discussed any need for a final judicial sentence. But that is not the law, and they know it,” Grewal said about X. “According to the exception of voluntary cessation, the decision of a accused of ending an contested practice is a case only if the defendant can demonstrate that the practice cannot be reasonable to resort.” “”
Coinbase financed the judicial case that arrived at the Court of Appeals, Van Loon vs. Treasure.
Grewal cited the example of the FBI v. Fikre, in which the Government eliminated Yonas Fikre, an American citizen and a Sudanese emigrary, from the no Fly list, and argued in the court that this action made Fikre’s demand. Fikre had brought a lawsuit claiming that the Government placed it illegally on the No Fly list.
But, the ninth circuit revoked that decision by saying that the party that seeks to discuss a case based on its own voluntary cessation of challenged behavior must demonstrate that behavior cannot be “expected reasonably recurrent.”
In the case of Tornado Cash, the treasure has not provided any guarantee that the cryptography mixer will not sanction again.
“Here, the Treasury has also eliminated SDN tornado entities, but has not provided any guarantee that it does not include tornado cash again. That is not good enough and will clarify it for the District Court,” Grewal said.
