As a seasoned crypto investor with a deep understanding of the decentralized finance (DeFi) space, I find the recent developments regarding Alexey Pertsev’s case deeply concerning. The Dutch court’s decision to deny him bail and computer access while he prepares for his appeal is a significant setback in this unprecedented legal battle.
A Dutch court has rejected the request for release on bail for Alexey Pertsev, the developer of Tornado Cash, following his conviction on money laundering charges in May.
For Pertsev, this decision represents a major disadvantage, as he has been detained for the past two months without being granted access to computers or the internet – a necessity for him to prepare adequately for his upcoming defense.
Pertsev Remains in Custody
The ‘s-Hertogenbosch Court of Appeal has decided that Pertsev will remain in custody while preparing for his appeal. Although my lawyers, Keith Cheng and Judith de Boer, have contended that he is not a flight risk and requires internet access to effectively prepare his case, the court remains unconvinced and believes that his detention won’t negatively impact his defense preparation.
While speaking to DL News, Cheng reportedly stated,
“The court has determined that keeping him in custody will not hinder his ability to prepare his defense.”
According to De Boer’s perspective, it’s “inappropriate” or “not justifiable” for pre-trial detention to be applied in cases that raise significant legal issues.
As an analyst, I would rephrase this statement as follows: In this groundbreaking scenario, I examine the question of whether a software developer can face criminal charges for misuse by third parties, contributing significantly to the advancement of our legal system.
Court Denied Computer Access
Last month during a court hearing, Cheng disclosed that he had prepared 18 arguments for Pertsev’s appeal, which necessitated computer access as mandated by the court. Yet, Cheng was taken aback when the court declined his request to release the developer from detention.
Previously, a similar request had been made by him to the prison housing Pertsev, only to be denied. The defense lawyer argued that granting such requests would contradict the prison’s safety regulations. However, despite presenting this information in court, the appeal still did not yield a favorable outcome.
As a researcher, I’ve come across an intriguing case involving a Russian developer named Pertsev. He was apprehended by Amsterdam authorities back in August 2022 on allegations of concealing ill-gotten funds and assisting money laundering via the Ethereum-based decentralized mixing service, Tornado Cash. Recently, a Dutch judge at the Court of Appeal ‘s-Hertogenbosch ruled him guilty for his role in developing this platform. The judgment was handed down in May 2023, resulting in a sentence of 64 months behind bars.
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2024-07-13 17:09