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Tornado Cash 辩方称检察官在涉及加密混合器的法律问题上误导法庭

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2025-05-18 14:26:56

Tornado Cash创始人法律争议升级:FinCEN关键证据或颠覆美国检方指控



加密行业重大法律案件出现新转折——Tornado Cash联合创始人Roman Storm的辩护团队近日向法院提交动议,指控美国司法部在涉及非托管加密混币器的关键法律认定上存在重大隐瞒。辩护律师揭露,检方可能刻意未向法庭提交与金融犯罪执法网络(FinCEN)的重要往来文件,这些证据或将直接动摇政府对Tornado Cash"无牌经营资金传输业务"的核心指控。



辩护方援引具有里程碑意义的Samourai Wallet案件判例指出,FinCEN曾在官方通信中明确表示:"非托管"加密钱包因不实际控制用户资产,可能不属于传统资金服务业务范畴。由于Tornado Cash同样采用非托管架构(用户始终保有资产控制权),该法律立场若获法庭采纳,检方指控将面临根本性挑战。



目前案件已进入关键证据开示阶段,Storm的法律团队正要求联邦法院:

- 强制政府披露所有与FinCEN的保密通信记录

- 提供Samourai Wallet案完整司法材料

- 重新评估非托管协议的法律适用标准



本案预定7月14日正式开庭,最终裁决可能创造美国加密货币监管史上的关键判例,直接影响:

• 去中心化金融(DeFi)协议的法律边界

• 非托管服务提供者的合规义务

• 区块链开发者刑事责任认定标准



【对投资者的潜在影响】

本案走向将直接影响加密货币市场:

1. 监管风险重估:若检方败诉,非托管项目估值可能快速修复

2. DeFi赛道分化:明确法律边界的协议将获机构资金青睐

3. 技术代币波动:审判关键节点或引发隐私币价格剧烈震荡

4. 合规成本转移:新判例可能改变交易所上币审核标准

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