Amanda Tuminelli @amandatums
Chief Legal Officer at DeFi Education Fund @fund_defi. Human to bader the dog. Avid reader of fantasy fiction. Constantly seeking excellent food. New York, NY Joined March 2011-
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Narrator: they did.
Today, Consensys filed a lawsuit against the Securities and Exchange Commission. The goal behind this is to ensure that Ethereum remains a vibrant and indispensable blockchain platform and to preserve access for the countless developers, market participants, and institutions…
🚨Mark your calendars 🚨 On May 8th at 12pm EST, DEF will be hosting our first ever “State of the Union” 🫡 DEF exists to explain DeFi to policymakers, regulators, and other decision makers and advocate for policies that are welcoming of decentralized financial infrastructure.…
The IRS's "broker rule" hasn't been finalized, but it looks like Treasury is really going to take the position that "unhosted wallet providers" are "brokers" 🤦♂️🤦♂️ IRS released draft 1099 form for digital asset "brokers": irs.gov/pub/irs-dft/f1…
What a bizarre way for a regulator to measure success
What a bizarre way for a regulator to measure success
Three separate gov entities - SEC, CFTC, DOJ - looked at the same digital asset and the same fact pattern and came to vastly different—and mutually exclusive—conclusions. But that didn't stop them from filing three actions with different theories against the same man. The law…
Three separate gov entities - SEC, CFTC, DOJ - looked at the same digital asset and the same fact pattern and came to vastly different—and mutually exclusive—conclusions. But that didn't stop them from filing three actions with different theories against the same man. The law…
"I wish we weren’t in this uncertain moment for technology that yields such unlimited promise and potential. But I felt compelled to stand up for myself, businesses like mine, our allies, and an entire industry yearning for clean and fair rules of the road. That’s why I am suing…
"I wish we weren’t in this uncertain moment for technology that yields such unlimited promise and potential. But I felt compelled to stand up for myself, businesses like mine, our allies, and an entire industry yearning for clean and fair rules of the road. That’s why I am suing…
Can projects airdrop free tokens to US-based users without exposing themselves to the SEC’s wrath? Not sure. It’s one reason @amandatums and @fund_defi brought a pre-enforcement lawsuit against the SEC. Spoke to Amanda and @jchervinsky about this. podcasts.apple.com/ca/podcast/law…
Gary Gensler’s Case Against Uniswap: Does the SEC Even Stand a Chance? Amanda Tuminelli dives deep into the SEC’s confrontation with Uniswap, examining the implications for the entire DeFi sector. On Wednesday, the U.S. Securities and Exchange Commission (SEC) issued a Wells…
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There should be no reason for the government to “play dirty” in litigation, when their objective is ostensibly the pursuit of justice, not a political agenda. Key word: ostensibly
The DOJ's opposition to Roman Storm's motions to dismiss and suppress evidence in the Tornado Cash case is filled with technical inaccuracies, obvious disdain for privacy and emerging technology, and misapplication of the law. The TLDR of the opposition is: look at our really…
Great write up of the DOJ’s opposition to Roman Storm’s motion to dismiss in the Tornado Cash case. The DOJ flagrantly relies on strawman arguments & factual mischaracterizations. Its use of the phrase “defendant’s amici” betrays a broad antagonism towards privacy advocates.
The DOJ's opposition to Roman Storm's motions to dismiss and suppress evidence in the Tornado Cash case is filled with technical inaccuracies, obvious disdain for privacy and emerging technology, and misapplication of the law. The TLDR of the opposition is: look at our really…
@ameensol @amandatums > This also means that, while it is true that the man didn't shoot the other man with a gun, that was a decision he made. The man could have shot the other man with the gun at any time. Insanity
gm visited king @haydenzadams of the uniswap at their office 🦄 was pleased to discover their office *almost* has as many unicorns as my house 😇 it's a testament to his leadership & team that 6 years after pioneering DEXes they are still #1, and now fighting SEC overreach 🫡
“but they chose not to” smart contract immutability is one of the concepts that *should* be understood by them to proceed with this case, it’s frustrating to read this
4/ Page 60 👇 Tell me you don't understand how immutable smart contract protocols work without telling me...
The number of services that now say, "Not available to residents of North Korea, Cuba, Iran, and United States of America" is proof that America is on the road to prosperity and greatness.
Almost bought a sandwich today but the shop doesn't have a money transmission license 🤷♂️
An unlicensed money transmission business
@ameensol @amandatums The TornadoCash protocol is NOT a service. Services have operators, and consume resources when operating. TornadoCash has/does neither.
They don't interact with the precedents cited, they just restate their accusation. "Don't compare yourself to Swift, you're a money launderer and they aren't!" <-- but the defense's position is precisely that if their actions count as money laundering, then so would Swift's
this is one of my favorite tactics of the government The defense is like, "The courts say if all you do is pass along a criminal's check to the recipient, *you're* not laundering money, *the launderer* is" The prosecution responds, "the difference is, you're laundering money"
5/ Page 56 n. 16 - In response to the cogent comparison @coincenter made to the SWIFT network - a total obfuscation of what a blockchain protocol is.
IF YOU’RE NOT WATCHING, you should be.👇Where’s the fair notice of this new position? This is a shift. Correct me if I’m wrong, but this is the first time I’ve seen Warren/Biden take this position. It also contradicts existing FinCEN guidance, no?
For anyone who doesn’t realize what is at stake here. #Bitcoin
@amandatums It is akin to learning that North Korean Government used a hammer you designed to kill someone, and the US government is claiming that it was in your power to stop NK and you should go to prison because you didn't. The USG can't even stop NK from doing NK things.
You can read the oppo here if you want to ruin your weekend: storage.courtlistener.com/recap/gov.usco…
@amandatums IMO this is the worst and closest to an outright lie of everything they said. You can ask literally anyone with even a basic understanding of how blockchains work and how Tornado was authored/designed and they will tell you the developers could not have done anything to stop.
Yet more evidence that the talent has left the building and now the first years are in charge.
The DOJ's opposition to Roman Storm's motions to dismiss and suppress evidence in the Tornado Cash case is filled with technical inaccuracies, obvious disdain for privacy and emerging technology, and misapplication of the law. The TLDR of the opposition is: look at our really…
For the love of Satoshi and Finney... Read, anon. Read...
The DOJ's opposition to Roman Storm's motions to dismiss and suppress evidence in the Tornado Cash case is filled with technical inaccuracies, obvious disdain for privacy and emerging technology, and misapplication of the law. The TLDR of the opposition is: look at our really…
i’m sorry that your warrantless surveillance regime was built on the assumption that people would always need intermediaries to transact
@RanierGrant It's a pretty damn good summary of the situation.
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