SW was a non-custodial service. This means that users controlled (their private keys to) their funds themselves and the service provider (SW) allowed the coordination between users through its infrastructure, such as the app, the server, the continued development, etc. This makes this case much more interesting and more concerning to me.

Regarding the first count against the men: Conspiracy to Commit Money Laundering. The SW indictment alleges that SW was a service that provided “large-scale money laundering and sanctions evasion.” So we are talking about users using illicit funds with the service and sanctioned entities using or receiving from the service. And we are talking about the SW coordinators “conspiring” with the relevant users to do this.

The indictment is constantly referring to SW as an “application” that is conducting or facilitating the mixing through a “centralized coordinator server.” Who controls the application and server? Allegedly the two men named in the indictment.

When it comes to SW’s Whirlpool service: Through their server, their application is selecting the inputs. Their application is communicating information between all users necessary for the mixing to occur. Their application is using the private keys on behalf of the users. Their application is broadcasting the mixing transactions to the Bitcoin network. The picture the indictment is painting is that the application and server are essentially doing the money laundering, as opposed to the users using the service. Similar verbiage and logic are used to describe SW’s Ricochet service too (adding hops to a send you intend to do).

The above summary is the most shocking piece of the indictment, in my opinion. The implications of this reach beyond Bitcoin-related apps and services. Think of the apps and services, just in general, that a user could use to engage in criminal behavior. Now think of arresting the developers/creators for what the user did.

Regarding the second indictment against the men: Conspiracy to Operate an Unlicensed Money Transmitting Business. The indictment says the SW operators were “involved in the transportation and transmission of funds intended to be used to promote and support unlawful activity.” There isn’t any mention or consideration of custody of funds in this. The logic of the indictment: Some users may have used SW’s application and server for “unlawful activity” and therefore, SW was involved in the unlawful activity. Again, this is a scary precedent. Think of the applications and servers out there right now that users may be using for unlawful activity.

I think the government will focus a lot on the coordinator’s knowledge and intent of the service being used for illegal activity. I believe this is how the government will “limit” the scope of the precedence and how it will try to differentiate the SW service from others.

Is a wallet software and developer a money service business now? How about a full node? These both facilitate the transmission of funds too.