The US Treasury Department is seeking to dismiss the lawsuit over its sanctioning of Tornado Cash, arguing that the case is now moot following the removal of the crypto mixer from its sanctions list.
The Treasury’s Office of Foreign Assets Control (OFAC) initially flagged Tornado Cash in August 2022, alleging it was used by North Korean hacking group Lazarus to launder stolen crypto funds. The sanctions triggered a legal challenge from six users, backed by Coinbase, who claimed the ban was unlawful.
Treasury Argues Case Is Moot, But Coinbase Disagrees
On March 21, the Treasury removed Tornado Cash and several dozen related smart contracts from its Specially Designated Nationals (SDN) list after a court ruled in favor of the mixer. The government agency is now asserting that there is no longer a legal dispute.
“Because this court, like all federal courts, has a continuing obligation to satisfy itself that it possesses Article III jurisdiction, briefing on mootness is warranted,” the Treasury stated.
However, Paul Grewal, Coinbase’s Chief Legal Officer, rejected the Treasury’s claim. He argued that removing Tornado Cash from the sanctions list does not automatically make the case moot, warning that the government could easily reimpose sanctions in the future.
“After grudgingly delisting TC, they now claim they’ve mooted any need for a final court judgment. But that’s not the law, and they know it,” Grewal wrote.
He cited a 2024 Supreme Court case involving Yonas Fikre, a US citizen wrongfully placed on the No Fly List, to support his argument. The court ruled that simply removing Fikre from the list did not make his lawsuit irrelevant, as he could be relisted without notice.
Tornado Cash Continues to Struggle
While Tornado Cash is no longer sanctioned, legal troubles persist for its founders.
The US Department of Justice has charged Roman Storm and Roman Semenov, Tornado Cash’s co-founders, with helping launder over $1 billion through the protocol. Storm, currently free on a $2 million bond, is set to face trial in April, while Semenov remains at large and is on the FBI’s most wanted list.
Meanwhile, Tornado Cash developer Alexey Pertsev was recently released from a Dutch prison after a court suspended his pretrial detention. Pertsev is appealing a money laundering conviction.