Attorneys representing Roman Storm, co-founder of the cryptocurrency mixer Tornado Cash, have filed a motion alleging that U.S. prosecutors withheld exculpatory evidence in his ongoing criminal case. The defense claims that communications with the Financial Crimes Enforcement Network (FinCEN) from 2023 indicate that non-custodial crypto mixers like Tornado Cash do not meet the legal definition of a “money transmitting business,” a classification central to the charges against Storm.
In a letter dated May 16 to Judge Katherine Polk Failla, Storm’s legal team argued that the prosecution’s failure to disclose these FinCEN communications earlier constitutes a significant oversight. They assert that the government has been aware of FinCEN’s stance since at least 2023 but proceeded with cases against Tornado Cash and similar entities regardless.
The defense drew parallels to the case of Samourai Wallet developers, who faced similar charges. In that case, the legal team also cited FinCEN documents to argue that their client did not operate a money transmitting business. Storm’s attorneys contend that both cases share core characteristics under the law, making the FinCEN documents pertinent to dismissing the charges against him.
Prosecutors have denied any wrongdoing, stating that they submitted the FinCEN communications within the required timeframe during the legal discovery process.
Despite a recent ruling by Federal Judge Robert Pitman denying the Office of Foreign Assets Control (OFAC) the ability to reimpose sanctions on Tornado Cash, U.S. federal prosecutors are proceeding with the case against Storm, albeit with modified charges.
