The U.S. Department of Justice has objected to a motion seeking to dismiss charges against Roman Storm, a co-founder of Tornado Cash. The DOJ argues that the motion introduces disputed facts best suited for jury consideration, rather than early-stage motions.
In their response, DOJ prosecutors explained why they believe Roman Storm should be held accountable for the alleged crimes associated with Tornado Cash. They contested the defence’s description of Tornado Cash, emphasising its establishment in 2019 as a cryptocurrency mixer comprising a website, user interface, smart contracts, and a network of “relayers.”
According to U.S. authorities, Storm and fellow developer Roman Semenov are accused of conspiring to commit money laundering, operating an unlicensed money transmitting business, and violating sanctions by creating Tornado Cash. The DOJ alleges that entities like North Korea’s Lazarus Group utilised Tornado Cash for money laundering.
Storm pleaded not guilty to all charges in September 2023 and was released on a $2 million bond with travel restrictions in certain areas. His attorneys later moved to dismiss the indictment, arguing that Storm lacked grounds for charges. Semenov clarified his role in contributing to code design but disclaimed responsibility for its use.
The defence emphasised that Tornado Cash does not function as a custodial mixing service and does not qualify as a “financial institution,” asserting Storm had no control to prevent entities like Lazarus Group from utilising it.
Prosecutors led by Damian Williams countered that Storm was responsible for operating the cryptocurrency mixer, developing systems enabling criminal anonymity, and failing to adequately modify Tornado Cash to exclude sanctioned addresses.
This legal action aligns with the U.S. government’s broader efforts to crack down on cryptocurrency mixing services.