Roman Storm Retrial Bid Advances as DOJ Revives Tornado Cash Counts

TLDR

• DOJ asked a Manhattan court to set Roman Storm’s retrial for October 2026.

• Prosecutors want to retry Storm on money laundering and sanctions counts.

• Treasury told Congress mixers can serve lawful financial privacy needs.

• Storm’s Rule 29 acquittal motion is scheduled for argument on April 9.

The U.S. Justice Department wants a new trial for Tornado Cash developer Roman Storm in October. The request came as Treasury said crypto mixers can have lawful privacy uses.

Federal prosecutors asked a Manhattan judge to retry Storm on two unresolved conspiracy charges. The charges relate to money laundering and sanctions evasion, and they carry a combined 40-year maximum sentence.

DOJ Presses Ahead with Retrial Request

The retrial request followed Storm’s first trial in Manhattan last August. In that case, the jury convicted him on one count. Jurors found Storm guilty of conspiring to operate an unlicensed money-transmitting business. However, they did not reach a verdict on the other two counts.

Prosecutors asked Judge Katherine Polk Failla to set the retrial for October 5 or October 12, 2026. They said the defense had indicated availability during that period.

The government also said it could proceed earlier in the year. Still, it asked the court to set a date now and avoid more scheduling delays.

Storm’s defense opposed fixing a date before the court rules on his pending Rule 29 motion. That motion seeks acquittal on legal grounds and is set for argument on April 9.

Case Continues after Split Jury Result

The unresolved counts are central to the next stage of the case. Prosecutors said they intend to retry Storm on counts one and three.

Those counts relate to alleged money-laundering conspiracy and sanctions-evasion conspiracies. The Justice Department said the retrial would likely last about three weeks. After the filing became public, Storm responded on X.

He also said the case targets him “for writing open-source code.” Storm added that he had exhausted his legal defense funds. The first trial drew wide attention across the crypto sector. Many developers and policy groups said the case could shape future treatment of non-custodial software builders.

Treasury Report Adds to Policy Split

The retrial request arrived as U.S. policy around crypto privacy tools appeared mixed. On Monday, the Treasury sent Congress a report on digital asset crime controls. That report said lawful users may use mixers for financial privacy on public blockchains. At the same time, regulators continued to warn about illicit use.

Tornado Cash had been sanctioned by the Treasury in August 2022. The agency had alleged that more than $7 billion moved through the protocol since 2019. That total included funds tied to North Korea’s Lazarus Group, according to U.S. authorities. Later, a court ruled the sanctions were unlawful.

Treasury then lifted the sanctions after an appellate court questioned its authority over open-source smart contracts. That shift added new focus to Storm’s criminal case.

Cybercrime consultant David Sehyeon Baek told Decrypt the policy stance looked inconsistent. He said Treasury now accepts lawful uses while DOJ pursues an aggressive legal theory.

Developer Liability Remains Central Issue

Supporters of Storm say the case is about developer liability. They argue open-source coders should not face criminal charges for others’ actions.

Miller Whitehouse-Levine of the Solana Policy Institute called the retrial move “depressing” in a post on X. His group pledged support for Storm’s legal defense. The debate has also turned toward federal legislation. The Blockchain Regulatory Certainty Act would bar non-custodial developers from being treated as money transmitters.

That bill was reintroduced in January by Senators Cynthia Lummis and Ron Wyden. It would apply when developers cannot move user funds.

For now, the court must decide Storm’s acquittal motion before any retrial begins. Until then, the Tornado Cash case remains a key legal battle over code, privacy, and liability.

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