US prosecutors have rejected Tornado Cash co-founder Roman Storm’s motion for acquittal, arguing his defence mischaracterises the alleged criminal conduct tied to the crypto mixer.
The filing by US Attorney Jay Clayton said Storm’s attempt to use a civil copyright case as precedent was irrelevant, as he faces charges related to money laundering and sanctions violations.
“The defendant’s conduct simply is not comparable to the conduct at issue in Cox,”
Said Clayton, adding:
“In any event, a civil copyright case has no relevance here in the first place.”
Storm was previously convicted of operating an unlicensed money transmitting business, while a jury failed to reach a verdict on money laundering and sanctions charges, leaving the possibility of a retrial.
Prosecutors are now seeking to move forward with a retrial on the unresolved counts, which could carry a combined sentence of up to 40 years if Storm is convicted.
The case has become a focal point for the crypto industry, raising questions about whether developers can be held liable for how users interact with decentralised protocols.
A potential October retrial is under consideration, with further legal proceedings expected as the Department of Justice reviews its broader approach to crypto-related enforcement.