TLDR
- Federal prosecutors have rejected Roman Storm’s most recent attempt to have his criminal charges dismissed.
- The government maintains that a March 25 Supreme Court decision in the Cox case is irrelevant to Tornado Cash.
- According to the DOJ, the Cox ruling and Tornado Cash prosecution involve distinct circumstances and separate legal questions.
- A jury previously convicted Storm of running an unlicensed money transmission business.
- Storm could face another trial on outstanding charges related to money laundering conspiracy and sanctions violations.
Federal prosecutors have pushed back against Roman Storm’s recent motion to dismiss criminal charges in the Tornado Cash case. In a court filing submitted to Judge Katherine Polk Failla on Tuesday, the Department of Justice argued that a recent Supreme Court decision has no bearing on the crypto developer’s prosecution.
Storm’s defense attorneys had contended that the Supreme Court’s reasoning could warrant dismissal of the charges. They referenced the high court’s March 25 decision in a copyright dispute involving internet service provider Cox. The Supreme Court determined in that case that user misconduct by itself does not establish the service provider’s criminal intent.
Big development in the Tornado Cash saga…@rstormsf and his team dropped a 59-page motion for acquittal, citing the Supreme Court's recent Cox v. Sony ruling on tech liability.
US prosecutors just fired back: “Not the same. Storm actively built the tool used by North Korean… pic.twitter.com/osRh1C1Rbb
— Ariel Givner (@GivnerAriel) April 7, 2026
Storm’s defense argued this same logic should extend to the Tornado Cash situation. According to his attorneys, simply being aware that some users engage in illegal activity doesn’t demonstrate criminal intent on the part of a software creator. They further highlighted that the Trump administration had supported Cox’s position in that particular dispute.
In a three-page response letter, federal prosecutors dismissed this comparison outright. They emphasized that the Cox case dealt with an entirely different sector and set of circumstances. The government also stressed that a civil copyright decision holds no weight in a criminal prosecution involving crypto mixing technology.
Government Emphasizes Key Differences Between Cox Ruling and Tornado Cash Prosecution
The DOJ argued that Cox had implemented specific policies designed to prevent illegal user behavior. According to prosecutors, these measures successfully addressed the majority of identified copyright infringement cases. Additionally, they noted that Cox provided internet access for numerous legitimate purposes unrelated to the alleged violations.
Prosecutors emphasized that Storm’s situation involves fundamentally different behavior and circumstances. They claimed Storm personally knew that certain Tornado Cash users were engaged in money laundering operations. Furthermore, they alleged he took no steps to prevent or discourage this illegal activity.
In their filing, prosecutors stated, “The defendant’s conduct simply is not comparable to the conduct at issue in Cox.” They continued, “In any event, a civil copyright case has no relevance here in the first place.” This assertion represents the foundation of the government’s opposition to Storm’s dismissal request.
The government’s response also challenged the fundamental nature of Tornado Cash as a service. Prosecutors contended that no evidence exists showing the crypto privacy tool possessed “substantial or commercially significant” legitimate applications. This assertion is expected to provoke strong reactions from privacy advocates throughout the cryptocurrency community.
Tornado Cash Developer Faces Ongoing Legal Proceedings Following Split Verdict
Roman Storm was arrested in 2023 on charges stemming from his development of Tornado Cash. The platform enabled Ethereum users to conduct more private transactions. While blockchain records are typically transparent and traceable, cryptocurrency mixers obscure the trail of fund transfers.
According to prosecutors, Storm was aware that criminals exploited Tornado Cash to launder illegal proceeds. They contend this awareness, combined with his actions, justifies the criminal charges. Storm has consistently argued that the software functioned autonomously, operating beyond his direct oversight or control.
During last summer’s trial in Manhattan, a jury convicted Storm on one charge: operating an unlicensed money transmission business. However, jurors failed to reach consensus on two additional charges. These deadlocked counts concerned conspiracy to facilitate money laundering and conspiracy to violate sanctions laws.
Storm has challenged his conviction through the appeals process. Recently, the DOJ announced its intention to retry him on the two charges that ended in a hung jury. This development suggests the Tornado Cash prosecution will continue for the foreseeable future.
Conflicting Signals on Crypto Policy Continue Under Current Administration
The prosecution of Roman Storm has attracted widespread attention partly because it appears to contradict the Trump administration’s stated crypto-friendly position. Throughout the past year, administration officials have advocated for more favorable regulations governing digital assets. These signals have generated optimism among cryptocurrency companies and software developers.
Simultaneously, the Department of Justice has maintained its prosecution of cases involving cryptocurrency privacy tools. This creates an apparent contradiction between public statements supporting crypto innovation and continued enforcement actions targeting specific developers. Privacy advocates have cautioned that this inconsistency generates regulatory uncertainty for open-source software creators.
The DOJ’s latest filing demonstrates that prosecutors have no intention of altering their approach in Storm’s prosecution. They remain committed to the position that the evidence justifies proceeding with a retrial. This stance persists despite growing pressure from segments of the crypto industry seeking broader legal protections for software developers.
The next step rests with Judge Failla, who must evaluate the merits of Storm’s dismissal motion. Should the court rule in favor of the prosecution, the Tornado Cash developer will proceed to another trial on the outstanding charges.
