A lawsuit has been filed by a member of the crypto think tank Coin Center against US Attorney General Merrick Garland, seeking assurance from the Department of Justice (DOJ) that they will not prosecute his upcoming cryptocurrency project for violating money transmitting laws in the future.
The plaintiff, blockchain entrepreneur Michael Lewellen, argues that the DOJ’s criminal prosecution of software developers who publish noncustodial cryptocurrency software – including the ongoing cases against Tornado Cash developer Roman Storm and Samourai Wallet co-founder Keonne Rodriguez – is unconstitutional, and infringes on their First and Fifth Amendment rights.
Aside from being unconstitutional, the lawsuit claims that the DOJ’s prosecution of crypto developers goes against their own statements to the public.
The DOJ previously stated that unless developers have “total independent control over the value” being moved, they are not considered money transmitters.
