Tornado Cash Developer Alexey Pertsev Fights for Release from Prison Amid Appeal

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Alexey Pertsev, the convicted Tornado Cash developer, is battling in court to be released from prison as he prepares for his appeal. In a court hearing held on Thursday in 's-Hertogenbosch, Netherlands, Pertsev and his defense argued that his detention should be suspended to ensure a fair trial.

Pertsev's lawyer, Keith Cheng, emphasized the need for his client to have access to digital facilities, such as an internet connection and BlockExplorer, and the ability to confer with experts to prepare for his case. Cheng argued that being in detention obstructs Pertsev's rights to a fair trial, as outlined in Article 6 of the European Convention on Human Rights.

The panel of three judges did not make a decision on Thursday. Instead, they are set to decide whether Pertsev should be released in a hearing scheduled for July 11. Before that, Pertsev's defense will need to present which parts of his case require online access.

Pertsev will remain in pre-trial detention for 120 days, according to a spokesperson for the 's-Hertogenbosch Court of Appeal, unless the court's chamber agrees to release him in July. If not, an additional hearing will be scheduled during the detention period.

In May, Pertsev was found guilty of money laundering and sentenced to 64 months in prison. He filed an appeal shortly after the verdict. Cheng stressed the importance of this case not only for Pertsev but also for the wider community, stating that Pertsev does not want to disappoint his supporters and developers in similar situations.

Cheng also argued that Pertsev does not present a flight risk, as his circumstances have not changed since he was last released from jail in April 2023.

Tornado Cash, a decentralized protocol that provides Ethereum users with anonymity by obfuscating transaction histories, was sanctioned by the US Treasury Department's Office of Foreign Assets Control in August 2022. Pertsev was arrested by Dutch authorities days later and spent eight months in jail before being released under surveillance ahead of his trial in March.