#156 - DOJ enforcement and developer liability, with Amanda Tuminelli of the DeFi Education Fund

DOJ Criminal Division Chief Matthew Galeotti recently stated: “Merely writing code, without ill intent, is not a crime.” He emphasized that developers of neutral tools should not be held liable for someone else’s misuse.

Joining me to unpack what this means for developers is Amanda Tuminelli, Executive Director of the DeFi Education Fund. We discuss the DOJ’s remarks, DEF’s role in shaping the conversation, and what comes next for developer protections, market structure legislation, and global DeFi policy.

Timestamps:

➡️ 00:00 — Intro

➡️ 00:46 — Sponsor: Day One Law

➡️ 01:09 — DOJ’s statement: “writing code is not a crime”

➡️ 03:17 — How the Tornado Cash trial might have been different

➡️ 05:15 — DEF’s advocacy on Section 1960

➡️ 07:05 — Remaining gray areas: sanctions, facilitation & intent

➡️ 10:30 — How developers can show good faith reliance

➡️ 12:25 — Where developer protections may land in market structure bills

➡️ 14:30 — DEF’s next priorities: Roman Storm, market structure, SEC engagement

➡️ 17:11 — Defining “facilitate” and why rulemaking could help

➡️ 19:08 — Global impact of U.S. leadership on DeFi

➡️ 20:57 — Stablecoins, GENIUS Act, and regulatory momentum

➡️ 21:41 — Final thoughts on clarity and innovation

& more.

Sponsor: This episode is brought to you by Day One Law — a boutique law firm helping crypto startups navigate complex legal challenges. Subscribe to Day One's free monthly newsletter for legal updates.

Resources:

📄 DOJ remarks by Matthew Galeotti in Jackson, WY

📜 DEF coalition letter on developer protections

📬 Contact: [email protected]

Disclaimer: Nothing in this podcast is legal advice. The views expressed are those of the host and guest and do not necessarily reflect those of their organizations. Always consult your own counsel before making legal decisions.