- Roman Storm, co-founder of Tornado Cash, has filed a motion for acquittal after being convicted of conspiracy to operate an unlicensed money transmitting business.
- Jurors could not reach a verdict on two more serious charges, including conspiracy to launder money and evade sanctions, which carry up to 40 years in prison.
- Storm’s attorneys argue there was insufficient evidence showing criminal intent and contest the jurisdiction of the trial in New York.
- The defense maintains that updating or maintaining crypto protocol software does not equate to directly helping criminals, calling the government’s case a “negligence theory.”
- The case remains closely watched by the crypto industry for its potential impact on privacy-focused software and developer liability.
Roman Storm, co-founder of the cryptocurrency mixing service Tornado Cash, has asked a federal judge in New York to dismiss all charges against him eight weeks after his conviction on one count of conspiracy to operate an unlicensed money transmitting business.
Jurors found Storm guilty on that charge, which could lead to a maximum of five years in prison. They were undecided, however, on two other counts—conspiracy to launder money and conspiracy to evade sanctions—potentially carrying a combined sentence of up to 40 years if retried by prosecutors.
Storm’s legal team argues that prosecutors failed to present evidence proving he acted with criminal intent. Their recent court filing asks for acquittal on every charge, claiming the government’s case was based on the idea that Storm failed to stop criminals from using Tornado Cash rather than actively helping them. In a statement released after the trial, Storm’s lead attorney, Brian Klein, said, “We are grateful the jury did not convict Roman for violating sanctions or laundering money… There are serious legal issues with the sole remaining money transmitting count. We will not stop fighting for Roman, and expect him to be fully vindicated.”
Tornado Cash is a “crypto mixer,” or a software protocol designed to help users shield their financial transactions on public blockchains. While it offers increased privacy, prosecutors highlighted that North Korea’s Lazarus Group used Tornado Cash to launder over $500 million in stolen digital assets, leading to U.S. sanctions on the protocol in August 2022.
The defense argues that Tornado Cash never had control over user funds and that software creation should be protected as free speech. Storm’s lawyers also questioned whether the New York court was the proper venue because of Storm’s residence in Washington State and limited connections of the alleged crimes to New York. According to prosecutors, those connections include emails with a BitMart employee from New York, expenses tied to a Manhattan bank, and communications with New York-based venture investors.
The crypto community is monitoring the outcome of this case closely, as it could set a precedent for how privacy tools and their developers are treated under U.S. law. Storm’s co-founder, Alexey Pertsev, was convicted of money laundering by a Dutch court in 2024 and is currently appealing the decision.
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