Acting Attorney General Todd Blanche stated on Monday at the Bitcoin 2026 conference that the Justice Department has "fundamentally changed the game" regarding its approach to software developers, offering reassurance that developers not knowingly helping third parties commit crimes will not face charges. Blanche made the remarks during a panel discussion with FBI Director Kash Patel, in response to a question from Coinbase Chief Legal Officer Paul Grewal about how developers should interpret the agency's approach to cases involving crypto mixing services.
Blanche's Statement on Developer Policy
Blanche provided explicit guidance on the DOJ's enforcement posture: "The basic principle is that if you are developing software, if you are a coder, if you are a part of that process and you ... are not helping [a] third party [from] using what you developed to commit crimes — you are not going to be investigated and not going to be charged." He added that factors such as sanctions evasion and money laundering remain relevant to enforcement decisions.
"But I really need coders to understand, I really need the industry to understand that we have fundamentally changed the game when it comes to our investigations," Blanche said.
Background: Ongoing Developer Cases
Blanche's remarks came in the context of two high-profile cases that began under the Biden administration and have continued under the Trump administration: the Tornado Cash and Samourai Wallet prosecutions.
Roman Storm, developer of the crypto mixing service Tornado Cash, was found guilty last year on a charge of conspiracy to operate an unlicensed money transmitting business. However, the jury could not reach a conclusion on two more serious charges: conspiracy to commit money laundering and conspiracy to violate U.S. sanctions.
In November, both Samourai Wallet co-founders Keonne Rodriguez and William Lonergan Hill were sentenced in a similar case for operating the Samourai bitcoin mixing service. President Donald Trump has been asked specifically if he would review a pardon for Rodriguez. Since these convictions, crypto advocates have rallied behind Storm, Rodriguez, and Hill.
Blanche's Prior Policy Direction
Blanche, who recently became acting attorney general after Trump removed former DOJ head Pam Bondi, previously held the role of deputy attorney general. In that position, he issued a memo stating the department would avoid bringing cases that effectively impose regulatory frameworks on digital assets, arguing that oversight should be handled by regulators rather than through criminal enforcement.
FBI Focus on Fraud and Scams
FBI Director Patel emphasized his agency's focus on pig butchering—also known as romance scams, where scammers build relationships with victims to lure them into fraudulent investments. "You'll find me continuing that effort this summer on the ground in Cambodia, Burma and Thailand because it is of that magnitude and it is the only way to address it and split the misunderstanding between the actual crime and fraud in the virtual asset space versus the rightful use of bitcoin and virtual assets," Patel said.
FAQ
What is the DOJ's new stance on software developers?
According to Acting Attorney General Blanche, the DOJ will not investigate or charge developers who are not knowingly helping third parties use their software to commit crimes. Blanche stated that the department has "fundamentally changed the game" in how it approaches developer investigations, though factors like sanctions evasion and money laundering remain relevant to enforcement decisions.
What are the Tornado Cash and Samourai Wallet cases?
Both cases involve developers of crypto mixing services. Roman Storm, creator of Tornado Cash, was found guilty of conspiracy to operate an unlicensed money transmitting business, though a jury hung on more serious money laundering and sanctions charges. Samourai Wallet co-founders Keonne Rodriguez and William Lonergan Hill were sentenced in November for operating their mixing service. Both cases began under the Biden administration and have continued under the Trump administration.
What was Blanche's prior position on crypto enforcement?
When serving as deputy attorney general, Blanche issued a memo directing the DOJ to avoid bringing cases that effectively impose regulatory frameworks on digital assets, arguing that such oversight should be handled by financial regulators rather than through criminal prosecution.
