Federal judge dismisses developer’s bid for DOJ immunity to publish noncustodial crypto crowdfunding software

Federal court dismissed a lawsuit filed last year by crypto developer Michael Lewellen, who had asked the U.S. attorney general for a court order allowing him to publish noncustodial, crypto-based crowdfunding software without facing criminal charges; Lewellen had argued that, absent a court order, he could face up to five years in prison and pointed to prior prosecutions of Tornado Cash and Samourai Wallet developers ^[1].

Coverage of the ruling notes the court declined to grant the prepublication protection Lewellen sought and that the decision referenced a Department of Justice memo, but stopped short of providing the kind of legal safe harbor the developer requested ^{[2] [3]}.

The dismissal leaves open broader legal questions about whether developers of noncustodial crypto tools are subject to federal money-transmission laws and how prosecutors will apply those rules going forward ^[4].

For now, developers seeking formal judicial clearance to publish noncustodial crypto software remain without the specific legal protection Lewellen sought, while uncertainty persists over regulatory exposure for such projects ^{[1] [4]}.