Joseph Van Loon et al v. Department of the Treasury et al. (2024, 5th Cir.)

Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.

Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).

Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category). Please contact [email protected] or [email protected] with any questions on search results and efficiency.

Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.

TURBOFAC Commentary (1133 words)

Notes:

1) Read in conjunction with Tornado Cash System Note, which describes the background concerning the initial designation of Tornado Cash, the re-designation of Tornado Cash, and the district court opinion that initially upheld OFAC’s actions.

This opinion marks one of OFAC’s very rare losses in court where the basis of the opinion was a ruling that OFAC had exceeded its statutory authority, and it will perhaps be the first of an increasing number of others given the apparent importance of “Loper Bright v. Raimondo, which overruled Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. and eliminated the ‘judicial invention’ of deference to administrative action and rulemaking.”

The district found that Tornado Cash was an “entity” for purposes of OFAC sanctions regulations (and a “person” within the meaning of IEEPA); that the Tornado Cash “smart contract” software code needed to...

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Joseph Van Loon et al v. Department of the Treasury et al. (2024, 5th Cir.)

TURBOFAC Commentary (1133 words)