A Dutch court has denied bail for Tornado Cash developer Alexey Pertsev, who was convicted of money laundering in May.
This decision is a significant setback for Pertsev, who has been held in custody for the past two months without computer or internet access despite being requested in order to prepare for his defense.
Pertsev Remains in Custody
The Court of Appeal of ‘s-Hertogenbosch ruled that Pertsev will remain in custody as he prepares for his appeal. Despite his defense lawyers, Keith Cheng and Judith de Boer, arguing that Pertsev is not a flight risk and needs internet access to prepare his case, the court maintained that his detention would not hinder his ability to prepare his defense.
While speaking to DL News, Cheng reportedly stated,
“The court says that continuing his detention does not obstruct his possibility to prepare his defense.”
De Boer, however, believes that in a case involving such fundamental legal questions, 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 which will benefit the entire legal system.”
Court Denied Computer Access
At a hearing last month, Cheng revealed that he had outlined 18 points for Pertsev’s appeal that needed computer access, which was required by the court to process the request. However, to Cheng’s surprise, the request for the dev’s release from detention was denied.
He had previously submitted a similar request to the prison where Pertsev is held, which was also turned down. The defense lawyer explained that providing a computer and other facilities would violate the prison’s safety policy. Despite presenting the prison’s refusal to the court, the appeal was unsuccessful.
Authorities in Amsterdam arrested Pertsev in August 2022 for suspected involvement in hiding criminal funds and aiding money laundering by using the Ethereum decentralized mixing service. A Dutch judge at the Court of Appeal ‘s-Hertogenbosch found the 31-year-old Russian developer guilty for his role in the development of Tornado Cash in May this year and was sentenced to 64 months in prison.
