US prosecutors request new trial for Tornado Cash co-founder Roman Storm

• U.S. prosecutors plan to pursue a retrial for Tornado Cash developer Roman Storm after a jury issued a mixed verdict in the previous trial.
• The case has gained attention because it has the potential to set the stage for the legal accountability of decentralized software developers.

U.S. prosecutors are seeking a retrial for Roman Storm, the co-founder of the cryptocurrency mixing service Tornado Cash. This comes after a federal jury issued a mixed verdict in the previous trial. The case has received considerable attention in the cryptocurrency industry because it has the potential to set the stage for the legal accountability of decentralized software developers. Prosecutors in Manhattan are seeking a retrial for Roman Storm on two counts after the jury failed to reach a unanimous verdict in the previous trial.

The Letter For The Retrial

Jay Clayton wrote to Katherine Polk Failla on Monday and asked her to arrange for a retrial of Roman Storm on charges of conspiracy to commit money laundering and conspiracy to violate sanctions. The government suggested the period between Oct. 5 and Oct. 12 for the trial, indicating that it could take around three weeks for the process to end. The letter indicated that the government was ready to retry the case as early as between March and May. However, Storm’s defense attorneys indicated to the prosecutors that they could only participate in the process as late as 2026.

During the earlier trial, the jurors found Storm guilty of conspiring to run an unlicensed money transmitting business in association with the crypto mixer known as Tornado Cash. However, the jury did not arrive at a unanimous decision regarding the money laundering charge and sanctions conspiracy charge, which means that these charges are eligible for retrial. Storm continues to stand by his plea of not guilty and had previously moved to dismiss the money transmitting charge. His legal representatives had argued that the prosecution failed to prove that he intended to help illicit actors use his platform. Clayton’s letter also stated that Storm’s legal representatives argued it was premature to seek a retrial until the court resolves the motion to dismiss, scheduled for argument in early April.

Crypto Industry Watches Legal Implications for DeFi Developers

Tornado Cash is now a closely watched legal case in the cryptocurrency and decentralized finance spaces. This is because the outcome is thought to have implications for the interpretation of the liability of developers in decentralized software systems. It has been observed that the prosecutors used federal money transmitter laws as the basis for the prosecution of the developer of the Tornado Cash protocol. The jury has since convicted Storm of running an unlicensed money transmitting business.

Meanwhile, the jurors were unable to make a decision on the money laundering conspiracy and sanctions violation charges against Tornado Cash. These unresolved charges give the prosecution the option of holding a retrial for the unresolved charges against Tornado Cash. Legal experts say that a retrial could help determine the extent of liability for developers of open-source financial technologies. Other analysts have cautioned that expansive interpretations of current financial laws could confuse the development of decentralized finance products. Pro-privacy groups have highlighted Tornado Cash’s role as an open-source privacy protocol on blockchain networks.

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