DOJ Argues Sufficient Evidence to Convict Tornado Cash Developer Roman Storm

TLDR

• DOJ prosecutors claim they presented sufficient evidence to convict Roman Storm in the Tornado Cash trial.
• The prosecution highlights Storm’s active control over Tornado Cash’s user interface in the case.
• Roman Storm’s defense motion for acquittal is being contested by the DOJ, citing evidence from his trial.
• The DOJ argues that Storm co-founded Tornado Cash with the intent to aid cybercriminals, based on evidence.

Federal prosecutors from the Southern District of New York have filed a motion opposing Tornado Cash developer Roman Storm’s request for acquittal. They argue that the evidence presented during his trial was more than sufficient to support his conviction on conspiracy charges. This filing comes after Storm’s defense sought acquittal on all charges, including those that resulted in a deadlock. The DOJ insists the case should stand.

DOJ Rebuffs Roman Storm’s Acquittal Request in Tornado Cash Case

Federal prosecutors from the Southern District of New York recently filed a motion opposing Roman Storm’s request for acquittal after his trial. Storm, a developer of the controversial crypto mixing service Tornado Cash, was convicted on a charge of conspiracy to operate an unlicensed money transmitter.

In his post-trial filing, Storm requested that the judge acquit him of all charges, including two that resulted in deadlock during the trial—conspiracy to commit money laundering and conspiracy to violate sanctions law.

In their filing, the prosecutors argued that they had provided ample evidence to support Storm’s conviction and that his motion for acquittal should not be granted. They focused on the claim that Storm played a central role in creating and managing Tornado Cash, specifically noting his control over the service’s user interface.

Evidence Presented by the Prosecution

The prosecutors emphasized that Storm, alongside his co-conspirators, was responsible for making numerous changes to Tornado Cash’s user interface (UI). The prosecution claims these changes were made intentionally to facilitate the service’s use by cybercriminals. 

According to the filing, Storm and his team modified the UI approximately 250 times between February 2020 and August 2022. The defense argued that these modifications were not significant, but the prosecution countered, stating that these changes directly affected how users interacted with the service.

The prosecution also pointed out that at least 96% of users accessed Tornado Cash through the UI during the period in question. They argue this shows how critical the interface was to the service’s operation and its use by individuals involved in illicit activities. This, according to the prosecution, is a strong indication that Storm’s actions were not incidental or passive but were part of a broader effort to support illegal money-laundering activities.

Storm’s Motion for Acquittal

Roman Storm’s defense had previously filed a motion requesting the judge acquit him of all charges. This included not only the conspiracy charge he was convicted on but also the charges that ended in a hung jury.

The defense maintained that the evidence presented during the trial was insufficient to justify a conviction on any of the charges. They argued that the prosecution failed to prove that Storm intended for Tornado Cash to be used for illicit purposes or that he was directly involved in illegal activities.

The defense also questioned the extent of Storm’s control over Tornado Cash, arguing that his involvement did not go beyond that of a developer working on a software tool that could be used for a variety of purposes.

In their view, this did not constitute criminal intent or action. However, the prosecution countered this by asserting that Storm had a clear understanding of the potential misuse of Tornado Cash, particularly given its use by North Korean hackers and other sanctioned individuals.

Prosecutors Seek to Uphold the Conviction

In their recent filing, the prosecutors made it clear that they believed the evidence presented during the trial was more than sufficient to support the conviction on the conspiracy charge. 

They argued that Storm’s active role in developing and managing Tornado Cash, including its UI, left little doubt about his intentions to create a service that could be exploited by criminals. The DOJ’s stance is that this evidence supports not only the conviction but also the charges of conspiracy to commit money laundering and conspiracy to violate sanctions law.

The defense has until Wednesday to file a response to the prosecution’s post-trial motion. It remains to be seen whether Judge Katherine Polk Failla will consider overturning the conviction or if she will uphold the findings from the trial.

The case has garnered significant attention due to the broader implications for privacy and cryptocurrency services, as well as the legal ramifications of operating decentralized financial services that could be used for illicit activities.

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