The point made by JoeCarlasare (quoted tweet) in this article is very interesting. It might apply to TornadoCash (I haven't tried to think it through) but it definitely doesn't apply to Samourai. Users emphatically do not lose control during th 'mixing' process.
DOJ Challenges Tornado Cash Developers' Motion to Dismiss Criminal Indictment
"The Government has not charged the defendant with a crime that involves solely writing code or maintaining a website. Rather, the charged offenses require the Government to prove that the defendant conspired to conduct financial transactions designed to conceal criminal proceeds (Count One), operate a money transmitting business (Count Two), and receive or provide goods or services to sanctioned entities or deal in blocked property (Count Three)."
https://www.nobsbitcoin.com/doj-challenges-roman-storms-motion-to-dismiss-indictment/
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