I don't agree. Why can't we blame the DOJ? This is unfair. If there's money laundering, they should pursue the launderers. If there's money involved in a crime, they should seize the money and arrest the criminals. Why arrest those who simply wrote open-source software? We don't arrest central bankers for creating money which is used in all kinds of crimes. We don't arrest the Toyota CEO or president for having their cars used by ISIS and other terrorists.
If "knowingly" is the key word, do they know it? How about the fact that the ledger involved is public? Transactions are open for anybody to know. How about the fact that Tornado Cash was decentralized? The code was publicly available, free for anybody to use in whichever manner they see fit.
When security hackers transferred almost $1 billion from Bangladesh Bank's Federal Reserve Bank of New York account and laundered almost $100 million in a Philippine bank, the bank wasn't penalized. The bank's particular branch itself which facilitated the laundry wasn't penalized. The one who was arrested was the very person who did the laundry herself.