Unfortunately I doubt the non-custodial aspect holds any weight if the Tornado Cash situation is anything to go by.
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These kind of terms noncustodial, mixer, coinjoin will play out in court and set a precedent for future cases.
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Prosecution and judge will likely avoid this at all costs, they hate setting precedent where they can avoid it. Likely they will just show big numbers to the jury "tWo bIlLion lAunDeRed" and show one actual criminal they can prove used coin join and then point at samourai's marketing as clearly they knew they were running a money laundering scheme.
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