A Dutch court has denied bail to Tornado Cash developer Alexey Pertsev, who was convicted of money laundering in May.
The decision is a major setback for Pertsev, who has been detained for the past two months without a computer or Internet access despite being asked to prepare his defense.
Pertsev remains in custody
The Court of Appeal in ‘s-Hertogenbosch ruled that Pertsev will remain in custody while he prepares for his appeal. Although his defense attorneys, Keith Cheng and Judith de Boer, argued that Pertsev is not a flight risk and needs Internet access to prepare his case, the court held that his arrest would not impede his ability to prepare your defense.
Speaking to DL News, Cheng stated:
“The court says that continuing his detention does not hinder his ability to prepare his defense.”
De Boer, however, believes that in a case involving such fundamental legal issues, pre-trial detention is “unacceptable”. She went on to add,
“This unprecedented case addresses when a software developer can be criminally liable for third-party misuse that will benefit the entire legal system.”
The court has denied access to the computer
At a hearing last month, Cheng revealed that he had outlined 18 points for Pertsev’s appeal that he needed access to the computer, which the court required to process the request. However, to Cheng’s surprise, the developer’s request to be released from detention was denied.
He had previously submitted a similar request to the prison where Pertsev is being held, which was also rejected. The defense attorney explained that having a computer and other facilities would violate the prison’s security policy. Despite presenting the prison’s refusal in court, the appeal was unsuccessful.
Authorities in Amsterdam arrested Pertsev in August 2022 for alleged involvement in hiding criminal funds and aiding money laundering through the use of the Ethereum decentralized mixing service. A Dutch judge at the Court of Appeal in Hertogenbosch found the 31-year-old Russian developer guilty of his role in the development of Tornado Cash in May this year and sentenced him to 64 months in prison.
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