Defense Team for Tornado Cash Developer Roman Storm Seeks Clarity on Possible Evidence Withholding by DOJ

Roman Storm’s legal team is seeking clarification from the U.S. Department of Justice regarding any potentially withheld information that could benefit the Tornado Cash developer’s defense.

In a letter submitted on Friday, the defense lawyers expressed their worries about recent developments in another comparable case, suggesting that the prosecutors may have either misled the overseeing judge or engaged in questionable practices.

The defense stated, “It has come to our attention that the government has had access to exculpatory evidence since August 2023, which is central to whether a noncustodial cryptocurrency mixer qualifies as a ‘money transmitting business’ under 18 U.S.C. § 1960.” They further argue that the government’s neglect to present this evidence during Roman Storm’s initial indictment in the fall of 2023 amounts to a Brady violation, severely impacting his defense, particularly after the DOJ indicated it would reduce some charges against Storm.

Storm’s defense is drawing parallels to the DOJ’s case against developers of the Samourai Wallet, another cryptocurrency mixing tool. In that instance, attorneys noted concerning delays in disclosing that two FinCEN representatives had indicated the mixer did not appear to be a money transmitter.

Prosecutors have countered these claims in court documents, asserting that the information was promptly shared, and the opinions of the FinCEN officials were informal and did not constitute official guidance.

According to the defense filing from Friday, the DOJ maintains that the two cases are only “superficially similar.”

The defense emphasizes, “What the government refers to as a superficial similarity actually highlights the core issue that sits at the heart of differing interpretations of FinCEN regulations and Section 1960: the noncustodial characteristics of both systems.” They argue that the users’ complete control over their assets is a crucial point in Mr. Storm’s arguments for dismissal and the necessary discovery of FinCEN documentation.

The defense team is requesting Judge Katherine Polk Failla, who is managing the case, to order the DOJ to examine any relevant evidence that may assist Storm’s defense. They also want access to the documents mentioned in the Samourai case, including when the prosecutors first became aware of those materials.