"If a person, for example, had the ability to move any and all funds locked by that contract then it may be true that said person accepted those funds and was transmitting them on behalf of whoever put those funds into that contract, i.e. said person was a money transmitter. However, if a person merely had the ability to update certain logic relevant to the contract but insufficient to gain control over the funds and transmit the funds at their discretion then said person would not have what FinCEN in the guidance calls “independent control” over the funds being transmitted and would not therefore be a money transmitter. The indictment does not clearly state the manner of the defendant’s control and therefore does not sufficiently allege unlicensed money transmission."
New Tornado Cash Indictments Run Counter to FinCEN Guidance - Coin Center
"The factual allegations of unlicensed money transmission are in conflict with FinCEN's longstanding guidance that an 'anonymizing software provider is not a money transmitter,'" Coin Center's Peter Van Valkenburgh said.
https://www.nobsbitcoin.com/new-tornado-cash-indictments-run-counter-to-fincen-guidance-coin-center/
Discussion
No replies yet.