The Fifth Circuit ruled on November 26, 2024, that Tornado Cash’s immutable smart contracts were not property that the Treasury Department could block under the International Emergency Economic Powers Act (IEEPA). The court reversed a lower-court judgment upholding the designation. Treasury—not the court—later announced on March 21, 2025, that it had removed economic sanctions against Tornado Cash.
What the Fifth Circuit decided
In Van Loon v. Department of the Treasury, No. 23-50669, the Fifth Circuit considered whether the immutable smart contracts at issue could be treated as “property” subject to blocking under IEEPA. The panel held that they could not, and concluded that the Office of Foreign Assets Control (OFAC) had exceeded the statutory authority asserted when it designated those contracts. The ruling reversed the district court’s judgment for Treasury. Read the Fifth Circuit opinion.
The decision was limited to the statutory question and immutable contracts before the court. It did not declare every use of crypto-mixing software lawful or address every possible legal restriction on related conduct. Judge Don R. Willett, who wrote the opinion, acknowledged the policy tension: “We readily recognize the real-world downsides of certain uncontrollable technology falling outside of OFAC’s sanctioning authority.”
Are Tornado Cash sanctions still in effect?
Treasury announced on March 21, 2025, that it had removed the economic sanctions against Tornado Cash. The department said the action followed its review of legal and policy issues and was an exercise of its discretion. This was a separate executive-branch action after the November 2024 opinion; the court did not itself delist Tornado Cash. Treasury’s delisting announcement.
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Removal of the sanctions was not an endorsement of every use of the software. Treasury said it remained concerned about state-sponsored hacking and laundering aimed at stealing and deploying digital assets for North Korea. It urged U.S. persons to exercise caution before entering transactions that present a risk of benefiting malicious cyber actors or the DPRK. Treasury Secretary Scott Bessent said: “Digital assets present enormous opportunities for innovation and value creation for the American people.” He added: “Securing the digital asset industry from abuse by North Korea and other illicit actors is essential to establishing U.S. leadership and ensuring that the American people can benefit from financial innovation and inclusion.”
How the court ruling and Treasury delisting differ
| Action | Who acted and when | Basis and scope |
|---|---|---|
| Appellate ruling | Fifth Circuit, November 26, 2024 | Held that the immutable contracts at issue were not property blockable under IEEPA, reversing the district court judgment. |
| Sanctions removal | U.S. Treasury, March 21, 2025 | Treasury said it removed economic sanctions after reviewing legal and policy issues and exercising its discretion; its announcement also warned about transactions that could benefit malicious actors or the DPRK. |
Why Tornado Cash was designated
OFAC first designated Tornado Cash in August 2022. Treasury described it as an Ethereum virtual-currency mixer and said it had been used to launder more than $7 billion in virtual currency since the service began in 2019, including more than $455 million stolen by the DPRK-linked Lazarus Group. Those are Treasury’s claims and figures from its designation announcement, not findings made by the Fifth Circuit in deciding the appeal. Treasury’s August 2022 announcement.
On November 8, 2022, Treasury announced a redesignation under Executive Orders 13722 and 13694, as amended, replacing the August designation. Treasury cited alleged use of Tornado Cash smart contracts to obscure funds associated with cyber heists. Its announcement said more than $96 million derived from the Harmony Bridge Heist and at least $7.8 million from the Nomad Heist had been laundered through the service. These, too, are figures Treasury reported in 2022, not findings of the appellate court. Treasury’s redesignation announcement.
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What the decision means for users
The appeal resolved a question about OFAC’s authority under IEEPA to block the immutable contracts involved in this case. Treasury’s later announcement removed the economic sanctions against Tornado Cash, while preserving the department’s warning about transactions that could benefit malicious cyber actors or the DPRK. The ruling should not be read as a blanket ruling on the legality of mixing activity, a decision about sanctions on individuals, or a resolution of separate criminal matters involving people associated with Tornado Cash.
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