Roman Storm's Attorneys Call for Acquittal in Tornado Cash Case

The federal judge overseeing the U.S. Department of Justice's case against Tornado Cash developer Roman Storm should acquit him of all charges, despite a jury convicting him of one charge, Storm's defense attorneys argued last week.

In a post-trial motion filed Tuesday, Brian Klein, Keri Axel and Storm's other attorneys pushed District Judge Katherine Polk Failla, of the Southern District of New York in Manhattan, to acquit Storm of charges that his work with Tornado Cash supported criminal activity, arguing the DOJ did not have enough evidence to support a conviction on any charge.

Storm was convicted on a charge of conspiring to operate an unlicensed money transmitter after a brief trial earlier this year. The jury hearing the case deadlocked on two other, more serious charges: conspiring to commit money laundering and conspiring to violate sanctions law, both of which carry a maximum sentence of 20 years in prison.

Tuesday's filing reiterated Storm's defense's arguments that the case should never have been brought in the Southern District of New York and that the DOJ did not have enough evidence to support his conviction on the money transmitter charge (or the other charges).

"Finally, and critically as to all counts, the government failed to prove the existence of a criminal conspiracy. There was no evidence that Mr. Storm, together with the founders, intended to assist or facilitate the criminal conduct of any bad actor," the filing said.

The post-trial motion is a standard filing in the defense's efforts to secure Storm's release.

The DOJ has until October 31 to file its own post-trial motion, which should include information about whether prosecutors intend to retry Storm on the remaining charges. The defense would then have until November 19 to file a response, and a hearing is scheduled for December 18.

What liability crypto developers may hold for how their products are used remains a topic of debate within the broader crypto community. Lobbyists and other industry groups have pushed for greater legal protections for developers to be codified into law. The latest version of the Senate's market structure draft legislation included a provision addressing developer protections.

"Tornado Cash is not a service, and Mr. Storm did not provide any Tornado Cash software to or on behalf of the Lazarus Group, as required by the IEEPA because the Lazarus Group accessed neutral software available to anyone with an Internet connection, and even if it could be deemed a 'service,' criminal liability for providing software — or any pre-existing form of media — to the public is precluded by the Berman Act and the First Amendment," the filing said, addressing one of the charges.