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Crypto urges Congress to change DOJ rule used against Tornado Cash devs

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A coalition of crypto firms has urged Congress to press the Department of Justice to amend an “unprecedented and overly expansive” interpretation of laws that were used to charge the developers of the crypto mixer Tornado Cash.

A March 26 letter signed by 34 crypto companies and advocate groups sent to the Senate Banking Committee, House Financial Services Committee and the House and Senate judiciary committees said the DOJ’s take on unlicensed money-transmitting business means “essentially every blockchain developer could be prosecuted as a criminal.”

The letter — led by the DeFi Education Fund and signed by the likes of Kraken and Coinbase — added that the Justice Department’s interpretation “creates confusion and ambiguity” and “threatens the viability of U.S.-based software development in the digital asset industry.”

The group said the DOJ debuted its position “in August 2023 via criminal indictment” — the same time it charged Tornado Cash developers Roman Storm and Roman Semenov with money laundering.

Storm has been released on bail, has pleaded not guilty and wants the charges dropped. Semenov, a Russian national, is at large.

Source: DeFi Education Fund

The DOJ has filed similar charges against Samourai Wallet co-founders Keonne Rodriguez and William Lonergan Hill, who have both pleaded not guilty.

The crypto group’s letter argued that two sections of the US Code define a “money transmitting business” — Title 31 section 5330, defining who must be licensed and Title 18 section 1960, which criminalizes operating unlicensed.

It added that 2019 guidance from the Treasury’s Financial Crimes Enforcement Network (FinCEN) gave examples of what money-transmitting activities and said that “if a software developer never obtains possession or control over customer funds, that developer is not operating a ‘money transmitting business.’”

The letter argued that the DOJ had taken a position that the definition of a money transmitting business under section 5330 “is not relevant to determining whether someone is operating an unlicensed ‘money transmitting business’ under Section 1960” despite the “intentional similarity” in both sections and FinCEN’s guidance.

Related: Hester Peirce calls for SEC rulemaking to ‘bake in’ crypto regulation 

The group accused the DOJ of ignoring both FinCEN’s guidance and parts of the law to pursue its own interpretation of a money-transmitting business when it charged Storm and Semenov.

They said the result had seen “two separate US government agencies with conflicting interpretations of ‘money transmission’ — an unclear, unfair position for law-abiding industry participants and innovators.”

The letter said that if not addressed, the Justice Department’s interpretation would expose non-custodial software developers “within the reach of the U.S. to criminal liability.”

“The resulting, and very rational, fear among developers would effectively end the development of these technologies in the United States.”

In January, Michael Lewellen, a fellow of the crypto advocacy group Coin Center, sued Attorney General Merrick Garland to have his planned release of non-custodial software declared legal and to block the DOJ from using money transmitting laws to prosecute him.

Lewellen said the DOJ “has begun criminally prosecuting people for publishing similar cryptocurrency software,” which he claims extended the interpretation of money-transmitting laws “beyond what the Constitution allows.”

Magazine: Meet lawyer Max Burwick — ‘The ambulance chaser of crypto’  

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Former New York governor advised OKX over $505M federal probe: Report

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Cryptocurrency exchange OKX reportedly hired former New York Governor Andrew Cuomo to advise it over the federal probe that resulted in the firm pleading guilty to several violations and agreeing to pay $505 million in fines and penalties.

Cuomo, a New York-registered attorney, advised OKX on legal issues stemming from the probe sometime after August 2021 when he resigned as New York overnor, Bloomberg reported on April 2, citing people familiar with the matter.

“He spoke with company executives regularly and counseled them on how to respond to the criminal investigation,” Bloomberg said.

The Seychelles-based firm pled guilty to operating an unlicensed money-transmitting business in violation of US Anti-Money Laundering laws on Feb. 24 and agreed to pay $84 million worth of penalties while forfeiting $421 million worth of fees earned from mostly institutional clients.

The breaches occurred from 2018 to 2024 despite OKX having an official policy preventing US persons from transacting on its crypto exchange since 2017, the Department of Justice noted at the time.

A spokesperson for Cuomo, Rich Azzopardi, told Bloomberg that Cuomo has been providing private legal services representing individuals and corporations on a variety of matters since resigning as New York governor.

“He has not represented clients before a New York city or state agency and routinely recommends former colleagues for positions,”  Azzopardi added.

OKX reportedly wasn’t willing to comment on its relationships with outside firms.

Cuomo also influenced OKX to make executive appointments: Bloomberg

Cuomo, who is now running for mayor of New York City, also advised OKX to appoint his friend US Attorney Linda Lacewell to OKX’s board of directors, Bloomberg said.

Lacewell, a former superintendent of the New York Department of Financial Services, was added to the board in 2024 and was named OKX’s new chief legal officer on April 1, according to a recent company statement.

Source: Linda Lacewell

Related: New York bill aims to protect crypto investors from memecoin rug pulls

After the investigation concluded, OKX said it would seek out a compliance consultant to remedy the issues stemming from the federal probe and bolster its regulatory compliance program.

“Our vision is to make OKX the gold standard of global compliance at scale across different markets and their respective regulatory bodies,” OKX CEO Star Xu said in a Feb. 24 X post.

Magazine: Financial nihilism in crypto is over — It’s time to dream big again

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Trump imposes 10% tariff on all countries, reciprocal levies on trading partners

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United States President Donald Trump signed an executive order establishing reciprocal tariffs on trading partners and a 10% baseline tariff on all imports from all countries.

The reciprocal levies on will be approximately half of what trading partners charge for US imports, Trump said. For example, China currently has a tariff of 67% on US imports, so US reciprocal tariffs on Chinese goods will be 34%. Trump also announced a standard 25% tariff on all automobile imports.

Trump told the media that tariffs would return the country to economic prosperity seen in previous centuries:

“From 1789 to 1913, we were a tariff-backed nation. The United States was proportionately the wealthiest it has ever been. So wealthy, in fact, that in the 1880s, they established a commission to decide what they were going to do with the vast sums of money they were collecting.”

“Then, in 1913, for reasons unknown to mankind, they established the income tax so that citizens, rather than foreign countries, would start paying,” Trump said.

Full breakdown of reciprocal tariffs by country. Source: Cointelegraph

Trump presented the tariffs through the lens of economic protectionism and hinted at returning to the economic policies of the 19th century by using them to replace the income tax.

Related: Bitcoin rally to $88.5K obliterates bears as spot volumes soar — Will a tariff war stop the party?

Trump proposes eliminating federal income tax and replacing it with tariff revenue

Trump proposed the idea of abolishing the Internal Revenue Service (IRS) and funding the federal government exclusively through trade tariffs while still on the campaign trail in October 2024.

According to accounting automation company Dancing Numbers, Trump’s plan could save each American taxpayer $134,809-$325,561 in taxes throughout their lives.

US President Donald Trump addresses the media about reciprocal trade tariffs at the April 2 press event. Source: Fox 4 Dallas

The higher range of the tax savings estimate will only occur if other wage-based taxes are eliminated at the state and municipal levels.

Commerce Secretary Howard Lutnick, who assumed office in February, also voiced support for replacing the IRS with the “External Revenue Service.”

Lutnick said that the US government cannot balance a budget yet consistently demands more from its citizens every year. Tariffs will also protect American workers and strengthen the US economy, he said.

Magazine: Elon Musk’s plan to run government on blockchain faces uphill battle

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EY updates privacy L2 as nixed Tornado Cash sanctions ease fears

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Big Four accounting firm EY, formerly Ernst & Young, has changed its enterprise-focused Ethereum layer-2 blockchain Nightfall to a zero-knowledge rollup design as it says corporate clients are more comfortable with privacy solutions with easing US sanctions.

EY said in an April 2 announcement that Nightfall’s new source code, “Nightfall_4,” simplifies the network’s architecture and offers near-instant transaction finality on Ethereum while making it more accessible to users than its previous optimistic rollup-based version.

EY’s global blockchain leader, Paul Brody, told Cointelegraph that switching to a ZK-rollup model “means instant finality, but it also makes operations simpler since you don’t need a challenger node to secure the network,” which verifies the correctness of transactions.

The move away from optimistic rollups means Nightfall users won’t need to challenge potentially incorrect transactions on Ethereum and wait out the challenging period, leading to faster transaction finality.

No such feature is present with zero-knowledge rollups, meaning that a transaction becomes final as soon as it is added into a Nightfall block, EY said. 

It is the fourth major update to Nightfall since EY launched the business-focused Ethereum layer 2 in 2019.

Nightfall enables the firm’s business partners to transfer tokens privately using Ethereum’s security while being cheaper than the base network. It also uses a technology that binds a verified identity to a public key through digital signatures to try to stem counterparty risk.

Nixed Tornado Cash sanctions “helped people feel comfortable”

Brody said the US Treasury’s Office of Foreign Assets Control (OFAC) sanctions on the crypto mixing service Tornado Cash “had a chilling effect on legitimate business user interest.”

“Even though we long ago took steps to make Nightfall unattractive to bad actors, since it cannot be used anonymously, the removal of OFAC sanctions has really helped people feel comfortable that using a privacy technology will not be risky,” he added.

Nightfall’s code is open source on GitHub but remains a permissioned blockchain for EY’s customer base, competing with the likes of the IBM-backed Hyperledger Fabric, R3 Corda and the Consensus-built Quorum.

Brody said that EY’s blockchain team is working toward “a single environment that supports payments, logic, and composability.”

Currently, the firm requires Nightfall and Starlight, a tool that can change smart contract code to enable zero-knowledge proofs “to enable complex multiparty business agreements under privacy,” he added.

“We’ll spend some time supporting Nightfall_4 deployments initially,” Brody said. “Then we’ll move on to the development of Nightfall_5.”

Magazine: What are native rollups? Full guide to Ethereum’s latest innovation 

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