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An anonymous person donated 299 ETH from Tornado Cash to Redox OS
- irusensei 4y agoDeveloper doesn’t know what to do with a donation that size and might also have some legal problems moving those funds. https://twitter.com/jeremy_soller/status/1572350419594268673 https://twitter.com/jeremy_soller/status/1572350419594268673
- jmt_ 4y agoHe resides in Colorado according to his Linkedin. I don't know a whole lot about crypto - is there anyway he can meaningfully use the donation given the Tornado Cash sanctions? Could just simply being in possession of Tornado Cash Ether give rise to legal problems for him even if he doesn't touch it? Even though it's quite a generous sum amount of money, can't help but wonder if it was sent with ill intentions or if the sender simply lives in a different country and didn't think about the US sanctions
- renewiltord 4y agoNo. If he doesn't touch it, he's fine. Everyone has been dusted by Tornado Cash tainted ETH so it's unlikely they'll go after him.
- A4ET8a8uTh0 4y agoNot sure why you are bring downvoted as it is pretty close to Treasury recent FAQ[1] on dusting: "OFAC is aware of reports following the designation of Tornado Cash that certain U.S. persons may have received unsolicited and nominal amounts of virtual currency or other virtual assets from Tornado Cash, a practice commonly referred to as “dusting.” Technically, OFAC’s regulations would apply to these transactions. To the extent, however, these “dusting” transactions have no other sanctions nexus besides Tornado Cash, OFAC will not prioritize enforcement against the delayed receipt of initial blocking reports and subsequent annual reports of blocked property from such U.S. persons. For guidance related to filing an initial and annual report of blocked property, please see FAQs 49, 50, and 646, respectively, and 31 C.F.R. § 501.603. Please note that the annual filing requirement for 2022 applies only to persons holding blocked property as of June 30 of this year. Released on 09/13/2022 " The individuals that got ETH may have some reporting requirements, but OFAC seems to understand it is an effort to make enforcement complicated by design. [1]https://home.treasury.gov/policy-issues/financial-sanctions/faqs/added/2022-09-13 https://home.treasury.gov/policy-issues/financial-sanctions/...
- treis 4y ago$400,000 worth of eth isn't "nominal" though.
- A4ET8a8uTh0 4y agoYeah and that is why I think they may end up having to report it to OFAC anyway and keep submitting annual updates. As always, at this amount, I would consider asking a specialized attorney ( although, ever since Russia invaded Ukraine, they had their hands full ).
- kube-system 4y agoThe treasury is using "nominal" to describe what the word "dusting" means... it is when someone sends small amounts of sanctioned crypto to a bunch of accounts. This is from an FAQ article that confirms: yes, even small amounts are in violation of sanction laws. If a $5 transaction breaks the law, then $400,000 also does.
- bee_rider 4y agoI think they are being downvoted because "not touching it" is not the end of the required action. It is the first step toward getting in compliance. The FAQ is saying "don't freak out, here are some forms to fill out to start straightening out this mess" I think.
- chizhik-pyzhik 4y agoIt's already been touched, the funds were moved shortly after being received
- jmt_ 4y agoIf he reports all relevant transactions involving this Ether to OFAC, will he avoid legal repercussions? I noticed a commenter on Twitter brought up the Tornado Cash issue so I wonder if he didn't know before he moved it, because why else would he move sanctioned crypto. Even though OFAC decided to not enforce "nominal" transactions, ~$400k worth of Ether is certainly not nominal so I would guess he needs to cover his ass ASAP.
- kube-system 4y ago(edit: If the money is from Tornado Cash), the money is sanctioned, he has to block it from being used anywhere and he must report it within 10 days according to the law (although the treasury realizes that many people receiving this money don't have legal compliance on staff and so they're cutting people slack) > U.S. persons may have received unsolicited and nominal amounts of virtual currency [...] from Tornado Cash, [...] Technically, OFAC’s regulations would apply to these transactions. > Once a U.S. person determines that they hold virtual currency that is required to be blocked pursuant to OFAC's regulations, the U.S. person must deny all parties access to that virtual currency, ensure that they comply with OFAC regulations related to the holding and reporting of blocked assets, and implement controls that align with a risk-based approach. > 31 C.F.R. Parts §§501.603 and 501.604 require blocking and reject reports to be submitted to OFAC within 10 business days > A report of blocked property is to be submitted annually by September 30 https://home.treasury.gov/policy-issues/financial-sanctions/faqs/1078 https://home.treasury.gov/policy-issues/financial-sanctions/... The only thing that was donated here is a legal compliance headache that will continue for years to come.
- deleted 4y ago[deleted]
- toomuchtodo 4y agoI appreciate OFAC being reasonable; it’d be nice if they used Chainalysis to track the digital asset movement and give folks a way to tag their wallet with AML/KYC info for automated compliance purposes. These are public ledgers after all, the reporting does itself for the most part. Can you send the asset to an OFAC address for seizure and custody to wipe your hands of the issue?
- hgsgm 4y ago
- ram4jesus 4y agoI was thinking if I was receiving this Donation, the amount of stress and anxiety it would cost me in the aggregate would surpass any kind of monetary benefit.
- colesantiago 4y agoAbsolutely not. Once he touches this laundered ETH, he’ll face a whole host of legal issues. I’m assuming that the IRS and all the other relevant authorities already know about this and are ready to pounce on Redox once they touch that Tornado ETH. It is worth just sending that tainted ETH to a dead wallet to avoid all that trouble.
- speed_spread 4y agoCould it be staked out so at least money can be derived from the "interests"?
- systemvoltage 4y agoDefinitely, IRS is a force to reckon with.
- foobarian 4y agoInteresting attack: find a digital currency recognized by the IRS that is, for whatever reason, impossible to cash out, and donate a giant amount to target of choice.
- delecti 4y agoThat's slightly limited by the fact that they'd probably need a wallet to begin with. Like, I couldn't be the target of an ETH bomb because I don't have any ethereum wallets. Receiving too big of a donation seems like not the worst problem if you were already open to receiving donations in that currency.
- rvcdbn 4y agoYou don’t need a wallet to be a victim of this. For example, someone could create an address only you can access with your Github public SSH key or the TLS public key of the project website (any public key that only you have the private key to will work).
- bee_rider 4y agoThis seems like the sort of thing we'll need some cases to resolve. If someone hides some valuable assets somewhere on your property and without telling you, presumably the IRS has some less-painful way of resolving this as long as you make a good faith effort to do so as soon as you become aware of it.
- Macha 4y agoThis was part of the big gittip controversy a few years ago where open source projects didn't want to do the tax paperwork they were now obligated to do by gittip holding funds in their name for like $50/year.
- moolcool 4y agoWhy would the "victim" care (or even find out about) this "attack"? My understanding is that because eth is fungible, it would poison an existing wallet with funds in it. I.e. if you have $5 in coins, and I give you $5 more in stolen coins, your entire coinpurse is essentially tainted. Your example would just be giving somebody a tainted wallet. Worst case scenario, you cycle your keys.
- Scarbutt 4y agoWish I had that problem :)
- kube-system 4y agoLooks like the sanctions are causing some wealthy Tornado Cash users to change their spending habits.
- Jamie9912 4y agoAaand its been moved into a Coinbase wallet https://etherscan.io/tx/0xb96a793fbf83ff0b729a12288566f26ed560010c933b574b6f0c09bd6fe76c0f https://etherscan.io/tx/0xb96a793fbf83ff0b729a12288566f26ed5...
- yieldcrv 4y agocue: Coinbase blocked my account without explanation! from what I can tell, even if you got a license or reported to the Treasury, crypto exchanges and crypto services will auto-block you anyway and aren't prepared for exceptions and edge cases.
- from 4y agoSimilarly, the VTB bank case recently was interestingly. VTB was sued in some complaint about the downing of the MH-17 flight but despite OFAC providing an exemption for legal services the law firm they chose couldn't get any bank to process their payment. Maybe some sharp legal mind will argue that sanctions have a chilling effect that can violate the accused's right to counsel.
- yieldcrv 4y agoa good lawyer knows the law a great lawyer knows the judge
- snovv_crash 4y agoApparently it is being cashed out and sent to OFAC
- px43 4y agoThis is really the ideal move. Let Coinbase lawyers figure it out. They have the legal expertise and better resources to determine potential connections to crime than anyone else does. If Coinbase seizes the money, that's fine. If they let him keep it, then there's no better way to cash out than through Coinbase. It's going to generate an automatic love letter to the IRS with all the details of the transactions, and he'll be taxed appropriately.
- speedylight 4y agoSee all it takes is being sanctioned by the treasury to bring out the good in people. On a more serious note though can he use the funds at all? I imagine even sending it back would be a violation of the sanction.
- colechristensen 4y agoThat’s the kind of thing where you get a good lawyer to have a conversation with the state followed by a lawsuit to get the ambiguous question turned into case law.
- speedylight 4y agoSo who would actually be the defendant in such a case?
- colechristensen 4y agoProbably the US Treasury department which did the sanctioning or whomever else is trying to stop you from using the funds. Basically whoever says "no" when you start the conversation.
- uup 4y agoI wonder if the Treasury will ever go after people running Eth validators. Storage on blockchain, thus far, has been too expensive to store significant amounts of copyrighted material. But you have to wonder what would happen if the blockchain stored serious amounts of material that was illegal in some form, e.g. currency from a sanctioned system like Tornado Cash or a collection of Disney movies.
- joyfylbanana 4y agoThe information on the blockchain is not illegal. It is not illegal to store the sanctioned addresses or tornaco cash smart contract source code. What is illegal is spending those funds, or allowing customers to transact with them. In fact, you need the addresses and contract details to block those transactions. Copyrighted material on blockchain has been discussed many times, it is just not viable attack because blockchain space is crazy expensive. There has been various data uploaded to the blockchain but you also need scripts to extract that data, so it also raises the question if that is even that accessible data.
- uup 4y ago> The information on the blockchain is not illegal. Validators aren't just storing the information. They're actively processing transactions and getting paid to do it. > Copyrighted material on blockchain has been discussed many times, it is just not viable attack because blockchain space is crazy expensive. That's not a very satisfying conclusion to the topic
- zmgsabst 4y agoA random internet search implied a 20KiB image would be $1k-5k. That’s expensive, but not impossible for a stunt.
- Asraelite 4y agoNevermind copyrighted material, what would happen if you got child porn on there?
- scottiebarnes 4y agoSeems impractical to expect end users to monitor the history of where money sent to them comes from. Would expect enforcement to be at the currency exchange point.
- PKop 4y ago>Seems impractical Of course. Making it impractical through enforcement of laws will benefit governments efforts to crush crypto, no? >Would expect Only if you believed government wanted crypto to succeed, yes?
- yieldcrv 4y agousers should just get used to recreating their own transaction obfuscation, mostly to avoid getting flagged at exchanges what someone on twitter wrote is pretty apt: deposit the Ether in AAVE to borrow USDC, move the USDC to another address and send that to Coinbase to cash out pretty much just walk away from the deposited Ether, let that get collateral called eventually. The protocol can enjoy its sanctioned money.
- rnk 4y agoIf you purchase eth now, how can you be sure you don't have eth that came from tornado or some other prescribed system? If I buy through a reputable seller, say coinbase, will they be able to certify my crypto is valid?
- cypress66 4y agoMost eth will be connected in some shape or form to TC. It's just whatever arbitrary number of degrees of separation you consider related to TC.
- kube-system 4y agoIsn't the whole point of cryptocurrency to remove any third parties from the transaction? You can't have your cake and eat it too.
- 4y ago
- jrm4 4y agoMIT License? For me that drastically increases the "potentially shady" factor.
- jrm4 4y agoNo comments on these downvotes? Okay, I'll start. Moneyed effort on a Linux replacement for the long term purpose of locking something back down.
- Smithalicious 4y agoAbsolutely tragic that the US government's war on anonymous transactions is getting in the way of FOSS receiving donations here. I presume the donations itself is an attempt to make a statement, and I applaud it. Make people feel the impact of this attempt of absolute financial control without hurting them. I hope the developer can get access to the funds in the end!
- ram4jesus 4y agoIf someone donated me a brand new mid-engine Corvette, it would be a huge headache because I couldn't afford the taxes & maintenance. I think in this case, FOSS would stand to gain more by not receiving money-laundered transactions which, as someone else pointed out in this discussion, would create a compliance nightmare. To put it this way: would you accept 1,000 dollars from me if it would take you 100 hours of your life to receive?
- mrtranscendence 4y agoI suppose that in this case the project received enough money to hire two lawyers to deal with it full time for a year, so as long as there's a chance it could still be worth it. I'd put the odds pretty low, though.
- Dylan16807 4y agoIf someone gives you a brand new car, and you really don't want to be bothered with it, I think you could arrange a sale for 2/3 its value in a couple hours. > To put it this way: would you accept 1,000 dollars from me if it would take you 100 hours of your life to receive? Does that really apply here? If this money can't be touched, then it's a minor time sink with zero benefit. If there is a way to dump in 100 hours and extract the money, it's worth it because it's so much. That analogy is more fitting to a 1 ETH donation.
- Ajedi32 4y agoRight, and that's the point. If an open source project can't receive an anonymous donation without a "compliance nightmare", then what does that say about the laws and regulations which created that nightmare in the first place? Keep in mind that there is, as of right now, no evidence that this cash was "laundered" or in any way associated with any nefarious activity. It's merely anonymous.
- f38zf5vdt 4y agoThe user was alerted to this fact, sent it to Coinbase, liquidated it to USD, and is in the process of sending that to the OFAC. https://twitter.com/jeremy_soller/status/1573386439941029888 https://twitter.com/jeremy_soller/status/1573386439941029888
- RyanShook 4y agoWhat happens to digital currency confiscated by the government? Do they cash it out or does it just sit in a wallet somewhere?
- kube-system 4y agoIn the past I've seen articles where they auction it off. I imagine it depends on the reason it is seized and which department it is.
- neogodless 4y agoDiscussed 2 days ago: https://news.ycombinator.com/item?id=32923693 https://news.ycombinator.com/item?id=32923693 - 119 comments
- avnfish 4y agoPutting the legal discussion to one side, interestingly the donor signed a UTF-8 message in one of his transactions. It reads: "Qubes address? GrapheneOS address?". Maybe implying he wants to give similar amounts to those two projects as well? Source: https://etherscan.io/tx/0xca5bb04204f446f73a510ea02b2bd7c01e16b58b1d16532a2a1be90d82820297 https://etherscan.io/tx/0xca5bb04204f446f73a510ea02b2bd7c01e...
- throwprivateoo 4y agoDo these products get written faster with more money? More people? It seems what they need is users.
- flerchin 4y agoMarketing would help to drive users, yes?
- throwprivateoo 4y agoI agree. Although $300,000 is a drop in the bucket for paid advertising. Yet here we are talking about these things - Qubes, whatever this is... Then again what is the CTA? So puzzling.
- deleted 4y ago[deleted]
- cypress66 4y agoOf course. It's the difference between a hobby project that you spend your spare time on, and a full time job.
- birdyrooster 4y agoGiving money for the project must be someone trying to kill it off
- 4y ago
- tmpz22 4y agoThis large donation really changes the dynamics of KYC laws. It’s absurd we don’t dissolve our legal system so transactions like this can happen on occasion.
- heavenlyblue 4y agoThere was recently a post about the amount of fraud that is acceptable for payment processors. For example in that case, a certain amount of fraud is acceptable because without it the payment procedures would never be at the exact equilibrium between discomfort and fraud percentage. In such a scenario we try to enforce so KYC so much that we competely disregard the good that lack of KYC could do for us. What if this is drug money being used for actual good things? In some ways you couod say that the system is working: sometimes ignoring the law brings good to the society. I am bringing here the same argument that would be used towards never prosecuting people for crimes that were discovered when someone has already reported a crime: i.e. if someone submits a DNA sample due to being raped can not be prosecuted for petty crime that was discovered due to it as that would make people in that situation do even more crime.
- jack_pp 4y agoAs others pointed out if this is allowed then OS projects will start to be used for money laundering and that's probably bad for open source
- jjtheblunt 4y agoDidn't the legal system arise from anarchy where transactions like this were the norm, hundreds to thousands of years ago?
- deleted 4y ago[deleted]
- olalonde 4y agoIANAL but I feel there's a lot of misinformation in this thread. There is no such thing as "tainted" ETH. The ETH was transferred from address 0x4B6275DB08c61aeFBa7bADaaE93aa853e377CddB which is not a sanctioned address[0]. It is therefore fine to receive and spend that ETH. It is possible that the donator violated US sanctions by taking it out of the Tornado Cash smart contract if: 1) they are a US person/under US jurisdiction 2) they are the same person that withdrew them from the Tornado Cash contract (not necessarily true). Additionally, businesses which are not "money transmitters" (e.g. banks, crypto exchanges, etc.) are not subject to KYC regulations and are under no legal obligation to know the identity of their customers or donators. Finally, I'd like to add that privacy-enhancing smart contracts like Tornado Cash have legitimate uses and were used for legitimate reasons, notably by Ethereum cofounder Vitalik Buterin who probably didn't like everyone observing and commenting on his Ethereum spending habits. I've seen a lot of "crypto critics" simultaneously criticize the transparency of blockchains and smart contracts like Tornado Cash which fix the problem... [0] https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220808 https://home.treasury.gov/policy-issues/financial-sanctions/...