The defense team representing Roman Storm, the developer of Tornado Cash, has recently accused prosecutors from the U.S. federal government of withholding crucial evidence that could potentially exonerate the crypto founder. In a letter addressed to U.S. District Judge Katherine Polk Failla, Storm’s lawyers alleged that the government has been in possession of exculpatory materials relevant to Storm’s criminal trial since August 2023.
The crux of the defense’s argument lies in the government’s classification of Tornado Cash as a “money-transmitting business,” which directly contradicts a statement made by FinCEN officials in August 2023 regarding another crypto mixer, Samourai Wallet. According to the defense, FinCEN officials had stated that Samourai Wallet, like Tornado Cash, does not qualify as a money transmitter due to its non-custodial nature. Therefore, Storm’s legal team contends that the government’s indictment of the crypto developer is inconsistent with its own stance on the matter.
In response to the defense’s claims, U.S. prosecutors have defended their position, asserting that they have disclosed all relevant communications between the prosecution team and FinCEN regarding Samourai Wallet well in advance of the trial. They argue that Storm’s team has had ample time to review and utilize this information before the trial commences, and therefore, no further action is necessary.
The Tornado Cash case unfolds against the backdrop of evolving crypto regulations in the United States, with President Donald Trump recently relaxing rulemaking in the blockchain sector. A memorandum released by the Deputy Attorney General’s Office on April 7 stated that virtual currency exchanges, mixing and tumbling services, and offline wallets would no longer be targeted for the actions of their end users or inadvertent violations of regulations.
The ongoing legal battle between Roman Storm and the U.S. government underscores the complex and rapidly changing landscape of crypto regulation. As the case continues to unfold, the outcome could have far-reaching implications for the crypto industry as a whole.
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