US prosecutors have rejected Roman Storm’s motion to dismiss charges in the Tornado Cash case, stating that his defense relies on arguments irrelevant to the criminal allegations. US Attorney Jay Clayton described Storm’s approach as “window dressing at best and outright misdirection at worst.”
Storm’s lawyers cited the 2026 Supreme Court case Cox Communications, Inc. v. Sony Music Entertainment, claiming it could demonstrate he lacked criminal intent for charges of conspiracy to commit money laundering and conspiracy to violate sanctions. Prosecutors argued that the Cox case involved civil copyright issues and bore no resemblance to Storm’s conduct, highlighting the absence of effective anti-money-laundering measures in Tornado Cash operations.
Partial Jury Verdict Leaves Retrial Possible
A jury convicted Storm in August 2025 of conspiracy to operate an unlicensed money transmitting business but deadlocked on two counts, leaving the possibility of a retrial. Prosecutors have requested an October retrial, though no date is confirmed.
Justice Department Leadership Changes Add Uncertainty
Recent DOJ changes include President Donald Trump replacing Attorney General Pam Bondi with Todd Blanche as acting AG. Blanche’s April 2025 memo opposing “regulation by prosecution” was cited by Storm, who warned the retrial could lead to up to 40 years in prison for open-source code he did not control.
Disclaimer
This content is for informational purposes only and does not constitute financial, investment, or legal advice. Cryptocurrency trading involves risk and may result in financial loss.
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