The U.S. Department of Justice has pushed back against Tornado Cash co-founder Roman Storm’s latest attempt to get his criminal case thrown out. Prosecutors told the judge that a new Supreme Court ruling Storm relies on does not help his argument and should not end the case.
DOJ Tells Judge Cox Ruling Has No Bearing on Storm’s Case
Storm’s legal team recently asked the court to reconsider his dismissal bid. They based the request on a fresh Supreme Court decision in Cox Communications v. Sony Music.
In that civil copyright case, the Court said “mere knowledge” of misuse does not prove intent to break the law. The defense likened that reasoning to neutral internet tools and open-source protocols.
In an April 7 letter, DOJ lawyers argued that Cox involved a very different industry and legal context and cannot control a criminal money-laundering and sanctions case. They told the judge that the facts in Tornado Cash “bear no resemblance” to Cox and that Storm allegedly did far more than simply publish code. Prosecutors urged the court to reject the motion and keep the case moving toward a full trial.
Charges Against Roman Storm and the Earlier Dismissal Fight
In August 2023, authorities first charged Storm with conspiring to commit money laundering. They also charged him with operating an unlicensed money-transmitting business and violating sanctions.
According to the indictment, he helped establish and run Tornado Cash. Prosecutors say the mixer laundered over 1 billion dollars in illegal proceeds. That total allegedly includes hundreds of millions for North Korea’s Lazarus Group.
Storm attempted to have the case dropped in 2024. He claimed Tornado Cash was the only open-source project not under his control.
Southern District of New York Judge Katherine Polk Failla denied that request. She determined that the government had presented sufficient evidence to classify Tornado Cash as a money-transmitting company. She also found there was enough evidence to proceed with a trial.
The present dispute over retrial and post-trial motions began after a December 2024 jury verdict. That jury found Storm guilty on one count while deadlocking on the others.
In separate filings, prosecutors have stressed that Storm’s role went beyond writing code and walking away. They say he helped deploy and maintain the Tornado Cash service, updated the app front end, and allegedly earned millions in fees while knowing that sanctioned hackers and fraudsters used the platform.
That story directly counters Storm’s attempt to frame Tornado Cash as a neutral tool, similar to a VPN or web host.
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