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DOJ Narrows Crypto Prosecutions, Says Writing Code Without Ill Intent Isn’t a Crime

The clarification steers prosecutors away from 18 U.S.C. 1960 cases against truly decentralized, non‑custodial tools, emphasizing intent as the threshold.

United States Department of Justice logo and U.S. flag are seen in this illustration taken April 23, 2025. REUTERS/Dado Ruvic/Illustration/File Photo
DoJ's latest stance on DeFi developers sparks division on Roman Storm case
Photo: Al Drago
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Overview

  • Acting Assistant Attorney General Matthew Galeotti told a Wyoming audience the DOJ will not target open‑source developers solely for publishing code.
  • The department said new charges under 18 U.S.C. 1960(b)(1)(C) will not be approved where software is truly decentralized, automates peer‑to‑peer transactions, and lacks third‑party custody.
  • Galeotti stated the DOJ will not use indictments as a lawmaking tool and underscored that cases will continue when evidence shows knowing facilitation of crimes such as fraud, money laundering, or sanctions evasion.
  • The guidance builds on an April memo from Deputy Attorney General Todd Blanche that disbanded the National Cryptocurrency Enforcement Team and cautioned against “regulation by prosecution.”
  • The policy does not undo recent cases, including Tornado Cash co‑founder Roman Storm’s conviction on an unlicensed money‑transmission conspiracy charge, prompting industry praise and legal experts’ caution about ongoing appeals and district‑level discretion.