In the real world, code is not law. Computers are not a magical gateway to another reality where existing laws and rules no longer apply.
What matters is if Medjedovic engaged in activities that would be illegal in the process of acquiring the funds from Indexed Finance. A theft is theft whether it is physical or digital; victims aren't required to have perfect security and criminals are not allowed to exploit weaknesses to just take something that belongs to someone else.
Medjedovic is accused of exploiting "glitches." From a legal perspective, that would be no different from a thief exploiting a "low" wall or an unsecured window. Glitches aren't invitations any more than an open window. In other words...not a defense. (And in the U.S., specifically see the Avraham Eisenberg case, which is basically the same fact pattern. Eisenberg lost. His sentencing was postponed to last week but appears to have been postponed again.)
Then he skipped town after he was ordered by a court to put his tokens into escrow. If he truly believed that "code is law" and that the tokens were rightfully his, he wouldn't have skipped town. At that point...his own actions demonstrated that he didn't believe that what he did to acquire the tokens were legit. (The Fugitive notwithstanding, innocent people don't run.)
Then he "exploited glitches" for another DeFi. See above.
Then he attempted to launder the tokens...with some guy he found on the internet. Someone who legitimately believed that they legally owned the tokens would have hired lawyers, not money launderers, to gain access to their property. (Aside: any money launderer willing to launder money for a stranger is almost certainly undercover law enforcement...)
Then he moved to a country without an extradition treaty, and in the past few months has been spouting racist far-right nonsense in the hopes of getting pardoned.
Is he guilty? His own actions say that even he thinks he is.
He can believe the tokens are rightfully his, and still believe that authorities don't see it his way. Like if you're in Salem and know you're not a witch, you'd want to take off too and chill in no-extradition treaty countries, so you don't get boiled alive by people with different outlooks.
I like the analogy of an unsecured window. It doesn't seem to apply to a hypothetical (idk specifics of this company) purely private company in some crypto-friendly country that doesn't have any ties to the rule of law.
Irrelevant, his thoughts in the matter or him being a shithead don't make the unintended use of a smart contract illegal or not. This is just usual case of Wilhoit’s Law by shitcoin peddlers.
> There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.
They are outside of regulatory scrutiny but god-forbid someone uses the same excuses to take their funny money.