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Interpreting Money Service Businesses' Control Requirements
The argument presented in the Tornado Cash case is that the statute for money service businesses does not necessitate control but only requires businesses facilitating money transfers to qualify. The government, as evident from the Tornado Cash reply brief, argues that businesses cannot evade liability by simply lacking control over funds. In the context of the Samurai case, the claim is that since users control their private keys, the business does not have control over the funds. However, the government argues for a broader interpretation of the statute, asserting that Congress intended a more extensive coverage of control requirements.