Venture investor Dragonfly faces potential charges over Tornado Cash involvement

Venture capital firm Dragonfly said Friday that the U.S. government is weighing potential charges over its 2020 investment in PepperSec, the developer of Tornado Cash, marking a rare instance where federal prosecutors may target a venture investor for backing a crypto project.

In a detailed statement, Dragonfly managing partner Haseeb Qureshi called the prospect of such charges “outrageous” and legally unfounded.

He said the firm invested in PepperSec in August 2020 after securing an independent legal opinion that confirmed Tornado Cash, as designed, complied with federal guidance issued by the Financial Crimes Enforcement Network (FinCEN) in 2019.

Qureshi further stated that Dragonfly believed strongly in supporting open-source privacy-preserving technologies and continues to stand by that investment.

The development comes days after the prosecution faced a setback in developer Roman Storm’s trial after the FBI failed to connect funds stolen from a key witness to Tornado Cash.

Tornado Cash, launched in 2019, is a decentralized protocol that mixes cryptocurrency transactions to obscure sender and recipient details. The tool, while valued by privacy advocates, has been accused by U.S. authorities of facilitating money laundering for hacking groups, including North Korea’s Lazarus Group.

The Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned Tornado Cash in 2022, but subsequent court challenges forced the government to scale back certain aspects of its sanctions, a development Dragonfly cited as proof of the protocol’s legal standing.

Qureshi said that Dragonfly neither operated Tornado Cash nor had any contact with illicit users, emphasizing that it offered PepperSec the same level of guidance it provides to all portfolio companies.

He also revealed that the firm fully complied with a Department of Justice subpoena issued in 2023 and was told it is not a direct target of the ongoing investigation.

According to Qureshi, the government’s mention of Dragonfly during a recent court proceeding was an attempt to weaken Tornado Cash’s defense, potentially by complicating testimony from Dragonfly co-founder Tom Schmidt.

He argued that prosecuting an investor over the conduct of a portfolio company years after the fact would have a chilling effect on venture funding for privacy technologies and blockchain innovation.

Dragonfly’s statement comes amid heightened enforcement efforts against crypto privacy tools, which regulators view as a growing risk for illicit finance. The firm said it remains confident that the DOJ will not pursue charges, but it pledged to “vigorously defend” itself if necessary.