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Crime DeFi Regulation Tornado Cash

US Treasury Sanctions Crypto Mixer ‘Tornado’, Freezing USDC and ETH Addresses  

Tornado Cash, a mixing service that obscures crypto transaction information, has been sanctioned by the US Treasury, which claims the DeFi protocol is regularly used for money laundering to cover up cybercrime.

Treasury added Tornado Cash and 44 of its Ethereum and USDC wallet addresses to its Specially Designated Nationals list of embargoed entities typically used to prohibit people in the US from dealing with terrorists and authoritarian regimes.  

According to Treasury, more than US$7 billion had been laundered via Tornado Cash, including some US$455 million of the US$625 million stolen by North Korean hacking group Lazarus in an exploit of the Ronin Network in March this year. Tornado Cash was also used to conceal the source of more than US$96 million in dirty money from June’s Harmony Bridge heist, Treasury said. 

Protocol Fails to Balance Privacy and Compliance 

Tornado Cash ‘mixes’ crypto transaction details to break the links in on-chain activity, in the interests of preserving users’ privacy. Deposits are made via one address and withdrawn by a different address, meaning transactions are harder to trace – and therefore appealing to criminals.

In April 2022, Tornado Cash moved to block access by addresses sanctioned by Treasury’s Office of Foreign Assets Control (OFAC) in an attempt to demonstrate compliance. More recently, the protocol transitioned to a fully open-source user interface to increase transparency by enabling contributors to suggest code improvements.

However, it’s clear Treasury did not feel the protocol was meeting its anti-money-laundering obligations, making it a threat to US national security.

Despite public assurances otherwise, Tornado Cash has repeatedly failed to impose effective controls designed to stop it from laundering funds for malicious cyber actors on a regular basis and without basic measures to address its risks. Treasury will continue to aggressively pursue actions against mixers that launder virtual currency for criminals and those who assist them.

Brian E. Nelson, Treasury Under Secretary for Terrorism and Financial Intelligence

Treasury Issues Broader Warning

Treasury also had a warning for the broader crypto ecosystem: “As today’s action demonstrates, mixers should in general be considered as high-risk by virtual currency firms, which should only process transactions if they have appropriate controls in place to prevent mixers from being used to launder illicit proceeds.”

Categories
Crypto Exchange Crypto News Kraken

Kraken Under Fire for Alleged Iran Sanctions Violations

The New York Times reports that the Kraken exchange is under investigation by the US Treasury Department’s Office of Foreign Assets Control for allegedly violating economic sanctions against Iran:

Kraken Allows Iranian Users Access

According to the NYT report, Treasury has outlined its suspicions that Kraken permits Iranian users to access its services, thereby violating US federal sanctions:

It is alleged that five people, either associated with the company or possessing knowledge of the inquiry, came forward to share information with the newspaper. These sources requested anonymity for their own safety but discussed how Kraken allegedly allows customers from both Iran and other sanctioned countries to use its exchange despite the illegalities.

Marco Santori, Kraken’s chief legal officer, stated that his company would not comment on regulator discussions, other than saying:

https://www.linkedin.com/in/marco-santori-7ab37b28/overlay/photo/

Kraken has robust compliance measures in place and continues to grow its compliance team to match its business growth. Kraken closely monitors compliance with sanctions laws and, as a general matter, reports to regulators even potential issues.

Marco Santori, chief legal officer, Kraken

However, it is known that Kraken’s CEO and co-founder, Jesse Powell, has in the past stated his willingness to challenge what he deems to be “unfair regulations”. International sanctions are one such regulation.

While there is no current timeline for enforcement action, it is understood that Kraken will receive a fine.

OpenSea and Economic Sanctions

The debate surrounding crypto operations in various countries has kicked into gear this year, with leading NFT marketplace OpenSea at the centre of controversy. On March 5, both OpenSea and MetaMask users from Iran and Venezuela were blocked from making Ethereum transactions.

Both platforms cited compliance issues behind the blockage; however, it was confirmed soon after that Ethereum’s Infura cut off users to separatist areas in Ukraine, and Venezuelan users were accidentally cut off. However, the block was intentional for Iranian users.

Three days later, on March 8, OpenSea updated its list of banned countries to align with the US sanctions list, blocking North Korea, Syria and Russia, along with Iran. The decision reignited the conversation on decentralisation and sparked outrage from NFT collectors.