Add as a preferred source on GoogleDOJ's 2025 Guidance Limits Charges Involving Decentralized Software
The policy covers one provision of federal law and applies only when software automates peer-to-peer transactions and no third party controls users' assets.
The U.S. Department of Justice (DOJ) described a narrow charging standard under 18 U.S.C. § 1960(b)(1)(C) in remarks dated Aug. 21, 2025. The standard applies to new charges against a third party only when specific conditions about the software and control of users' assets are met.
Prosecutors would not approve a charge under that provision when the software is truly decentralized, solely automates peer-to-peer transactions, and the third party has no custody or control of users' assets.
The remarks do not establish blanket immunity for software developers. They state that developers who contribute code without specific criminal intent are not criminally liable. The DOJ will continue prosecuting people who knowingly commit crimes or aid them, and other charges may still apply when criminal intent is present.
Riza Dagoc
Riza Dagoc reports on regulation, investing and the digital-asset business for TokenPost. Send corrections or tips to info@tokenpost.com.