Category: News & Media

Van Loon v. Department of the Treasury: A Landmark Decision on Cryptocurrency and Sanctions

In a decision with significant implications for blockchain technology and sanctions law, the Fifth Circuit Court of Appeals ruled on November 26, 2024, in Van Loon v. Department of the Treasury. The case challenged the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) designation of Tornado Cash, a cryptocurrency mixer, as a sanctioned entity under the International Emergency Economic Powers Act (IEEPA).

Background
Tornado Cash facilitates privacy in cryptocurrency transactions by mixing funds to obscure their origins. While the tool has legitimate uses, the government has argued that it was also exploited by bad actors, including North Korea’s Lazarus Group, to launder stolen cryptocurrency.

In 2022, OFAC blacklisted Tornado Cash, including its immutable smart contracts, under IEEPA. This designation effectively prohibited Americans from interacting with the software. Think of it this way. The government essentially banned using a public vending machine because some people were using it for illegal purposes, leaving everyday users who relied on it for privacy unable to access its legitimate functions.

As of January 2025, North Korea remains designated by the United States as a State Sponsor of Terrorism (SST). This designation was reinstated in November 2017, following its removal in 2008, due to North Korea’s involvement in acts of international terrorism.

The SST designation matters because it imposes strict sanctions on North Korea, limiting its access to global financial systems and deterring international businesses from engaging with it. This means heightened compliance requirements for individuals and companies, no matter where they are located, to avoid inadvertently violating sanctions laws, which can result in severe penalties.

In 2022, OFAC blacklisted Tornado Cash, including its immutable smart contracts, under IEEPA. This designation effectively prohibited Americans from interacting with the software.

The Legal Dispute
The plaintiffs, Tornado Cash users, argued that OFAC overstepped its authority. They contended that the immutable smart contracts—self-executing lines of open-source code—are not “property” as defined under IEEPA. The district court sided with OFAC, but the plaintiffs appealed.

The Court’s Ruling
The Fifth Circuit reversed the lower court’s decision, ruling that immutable smart contracts are not “property” because they cannot be owned, controlled, or altered. The court emphasized that these contracts function autonomously and independently, even from their creators. Consequently, OFAC’s inclusion of these contracts in its designation exceeded its statutory authority under IEEPA.

Some Key Takeaways

• Limits of IEEPA: The ruling underscores that IEEPA’s definitions, particularly “property,” must adhere to their plain and ordinary meaning.
• Implications for Blockchain Technology: The decision highlights the unique legal challenges posed by decentralized technologies, where traditional concepts like ownership and control may not apply.
• Sanctions and Innovation: While the court recognized the legitimate concerns surrounding illicit uses of Tornado Cash, it left updating IEEPA to address modern technologies squarely with Congress.
• Regulatory Red Flag: If you are in this industry, the government and civil society may ask Congress to amend IEEPA or other laws to regulate the blockchain and cryptocurrency space.

Conclusion
This landmark decision delineates the boundaries of OFAC’s authority in the context of decentralized technologies. It signals the need for legislative clarity to address the evolving landscape of cryptocurrency and blockchain innovation, or stakeholders in this market may prevail on Congress to allow the marketplace to make these decisions. We expect more policymaking in the near future.

By Jason Poblete, PobleteTamargo LLP

(Space Coast, Florida) Florida has long been a launchpad for America’s ambitions, from the Apollo missions to today’s groundbreaking commercial space ventures. The Sunshine State, particularly the Space Coast in Brevard County, remains at the epicenter of global aerospace activity, hosting a growing network of spaceports that serve as gateways to the final frontier. These hubs are critical to our nation’s technological and strategic goals and powerful engines for Florida’s economic growth.

The aerospace industry has deep roots in Florida, contributing billions of dollars annually to the state’s economy, and spaceports play a pivotal role in this success story. With facilities like Kennedy Space Center and Cape Canaveral Space Force Station, Florida is uniquely positioned to lead the next chapter of space exploration and commercialization.

Spaceports create high-paying jobs across various disciplines, from aerospace engineers to skilled technicians, fostering innovation and attracting cutting-edge companies advancing technologies in satellite deployment, space tourism, and lunar exploration. Beyond launches, these hubs strengthen manufacturing, construction, and logistics supply chains, creating a ripple effect that fuels the state’s broader economy.

Florida’s geography gives it a distinct advantage in the global space race. Its proximity to the equator allows for more efficient rocket launches, saving fuel and expanding payload capabilities. With robust infrastructure, including deepwater ports and advanced highway systems, Florida has become a prime destination for space-related investments. State-level initiatives like Space Florida have played a critical role in attracting major players, such as SpaceX and Blue Origin, alongside emerging startups driving innovation in this sector.

Spaceports also play an essential role in protecting national security. Florida’s facilities support critical satellite launches and space surveillance activities, ensuring the United States maintains its strategic edge in an increasingly contested domain. Strengthening these capabilities safeguards our nation and solidifies Florida’s role as a key partner in advancing U.S. national security objectives.

Despite their significant contributions, spaceports face challenges that must be addressed to sustain their growth. Operating in the aerospace sector requires navigating complex legal and regulatory frameworks, including export controls and environmental laws. Expanding spaceport activities also requires balancing economic development with environmental stewardship to preserve Florida’s ecosystems for future generations. These challenges, however, also present opportunities for collaboration and innovation. Public-private partnerships, for example, can drive the development of sustainable practices and streamlined regulatory processes, benefiting industry stakeholders and the broader community.

The importance of spaceports to Florida’s economy cannot be overstated. They symbolize the state’s role as a leader in innovation and a gateway to the future. By investing in this critical infrastructure, Florida can secure its position as the preeminent hub for aerospace activity, driving economic prosperity and inspiring generations to reach for the stars. At PobleteTamargo LLP, we are proud to support clients navigating the complexities of space exploration and commercialization. From regulatory compliance to national security concerns, our team ensures that Florida’s spaceports remain at the forefront of global innovation.

As we look to the future, Florida’s spaceports will not only launch rockets—they will launch new opportunities, economic growth, and a renewed sense of possibility for the entire state.

Jason Poblete is an attorney and founding partner at PobleteTamargo LLP. With decades of experience in national security and regulatory law, he advises clients on the intersection of policy, innovation, and economic development.

On November 25, 2024, the Nicaraguan government enacted the “Ley de Protección de los Nicaragüenses ante Sanciones y Agresiones Externas” (Law for the Protection of Nicaraguans Against Sanctions and External Aggressions). This new legislation is effectively a blocking statute that attempts to invalidate the enforcement of foreign sanctions within Nicaraguan territory, such as those imposed by the United States.

(Alexandria, Virginia) The Center for Strategic and International Studies (CSIS) Commission on Hostage Taking and Wrongful Detention announced a commission that will explore policy responses to the growing phenomenon of hostage-taking and unjust imprisonment by foreign nations and actors of Americans and others this week.

“We look forward to working with fellow advocates and stakeholders to continue to find ways to improve US and global efforts to help secure the release of Americans and other Westerners held hostage or unjustly imprisoned in nations such as Iran, Ecuador, Cuba, China, and others,” said Jason Poblete, Esq.

The Wall Street Journal reported today that the “bipartisan effort by the Washington, D.C.-based think tank comes as nations such as Russia and Iran have increasingly sought to use high-profile American detainees for diplomatic leverage, according to U.S. officials and hostage-advocacy groups.” You can read the article, Rise in Wrongful Detentions Abroad Sparks Effort to Bolster U.S. Hostage Policy, on the WSJ website.

You can read more about the Commission on the CSIS website.