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Roman Storm, the co-founder of the controversial cryptocurrency mixer Tornado Cash, will face trial on December 2 in New York. This development comes after a U.S. judge rejected his motion to dismiss charges brought by the Department of Justice (DOJ). District Judge Katherine Polk Failla of the Southern District of New York made this ruling during a recent court conference.
Storm is charged with conspiracy to launder money, violating U.S. sanctions laws, and running an unlicensed money-transmitting business. The Department of Justice claims that various individuals and groups, including North Korean hackers, used Tornado Cash. As Storm prepares for his trial in December, legal experts, regulators, and the cryptocurrency community will closely watch the case outcome.
Roman Storm Files Motion to Dismiss Charges
In March, the lawyers of the developer and co-founder of the decentralized privacy tool filed a motion to dismiss the charges against him, labeling the indictment as “fatally flawed.” In the new filing, Storm’s lawyers argued that the prosecutor’s attempt to criminalize developing software is unprecedented and violates Storm’s First Amendment rights.
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They contend that Storm cannot be held responsible for any illicit use of Tornado Cash, as there are no allegations that he conspired with bad actors who misused the software.
However, during their arrest, U.S. Attorney Damian Williams alleged that Storm and Roman Semenov knew they were helping hackers and fraudsters conceal the fruits of their crimes. Semenov and Storm were accused of money laundering, participating in sanctions violations, and attempting to run an unlicensed financial-transmitting business.
The DOJ is not Letting Go
In the DOJ’s response, the prosecutors explained why the Tornado Cash co-founder should be accountable for the alleged crimes. Damian Williams and his team claimed that Semenov was responsible for running the cryptocurrency mixer. He was accused of creating systems that helped criminals remain anonymous.
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Ultimately, they claimed he made little or no changes to prevent the usage of sanctioned addresses. The DOJ believed that the defense’s filing brought disputed facts to be considered by a jury later rather than at an early stage.
