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The prosecution in the Tornado Cash case cites erroneous messages to prove "mens rea," sparking controversy.
According to a report by The Block on July 14, the U.S. Southern District Attorney mistakenly attributed a Telegram message asking "how to cash out $600 million" to the Tornado Cash development team during the pre-trial hearing of developer Roman Storm, to prove their "guilty mind." Defense documents show that the message was actually written by a CoinDesk journalist and forwarded by Alexey Pertsev to the Tornado Cash group. The prosecution admitted that the original chat log provided did not display a "forwarded" label, leading to misunderstanding, but stated that a corrected version was provided in December 2024. Storm's defense team requested the exclusion of all Telegram evidence from Pertsev's phone and questioned the integrity of the grand jury proceedings. Pertsev has been sentenced to 64 months in prison by a Dutch court for assisting in Money Laundering.