In a landmark decision on November 26, 2024, the U.S. Court of Appeals for the Fifth Circuit ruled that the Treasury Department’s sanctions against Tornado Cash were unlawful. The court determined that the Treasury “overstepped its authority” by targeting the open-source software itself, rather than specific individuals or entities misusing it.
However, the mixer poses significant AML risks.
The Global Ledger research shows that from January 1, 2024 to Nov 27, 2024, Tornado Cash received 457,768 ETH (about $1.6 billion at the time of writing). Over 60% of sources of these funds are high-risk. More than 56% come from hacks.
A significant portion of these funds come from crypto crimes such as WazirX and Poloniex hacks and Heco Bridge, Orbit Chain, and Penpie exploits.
GL Counterparty report showing transactions to Tornado Cash. Jan 1, 2024 – Nov 27, 2024
Amount stolen: $235 million
Sent to Tornado Cash: 61,698 ETH (~$217.2 million at the time of writing)
Amount stolen: $86.6 million (in 2023)
Sent to Tornado Cash: 52,281 ETH (~$184.1 million at the time of writing)
Amount stolen: $125 million
Sent to Tornado Cash: 18,874 ETH (~$66.4 million at the time of writing)
Amount stolen: $81 million
Sent to Tornado Cash: 12,930 ETH (~$45.5 million at the time of writing)
Amount stolen: $27 million
Sent to Tornado Cash: 11,261 ETH (~$39.6 million at the time of writing)
Tornado Cash has been widely used to obfuscate transactions, enabling cybercriminals, hackers, and sanctioned entities to launder stolen funds like the Lazarus Group, North Korean hackers.
The court decision poses risks to the industry by creating a dangerous precedent that could undermine global efforts to fight financial crime in the crypto space: