Vitalik Buterin Defends Tornado Cash Dev Facing 5 Years: ‘Don’t Criminalize Code’

Ethereum co-founder Vitalik Buterin has publicly stepped in to defend Tornado Cash developer Roman Storm, as Storm faces the possibility of up to five years in prison.

This follows a mixed verdict in a closely watched U.S. criminal case that many in the crypto industry see as a test of whether writing open-source code can be treated as a crime.

Storm, a co-founder of the privacy protocol Tornado Cash, renewed calls for public support this week, saying prosecutors had framed software development as criminal conduct.

Vitalik Says Tornado Cash Case Threatens Privacy and Digital Rights

In a post on X, Storm said the case had reached a key moment, warning that equating privacy tools with money laundering could reshape the future of open-source software.

He urged the crypto community to submit letters of support, describing public voices as one of the few tools left as his legal fight continues.

Buterin responded with a lengthy letter backing Storm, framing the case as a broader struggle over privacy, personal safety, and digital rights.

He said he has supported Storm’s work from the beginning and has personally used privacy tools developed by Storm for legitimate purposes, including software purchases and charitable donations.

Buterin argued that privacy is not a fringe idea but a basic protection that existed by default decades ago, before constant digital surveillance became normal.

He rejected the idea that governments should have unrestricted access to personal financial data, pointing to repeated data breaches, data brokerage practices, and outsourcing of sensitive information to private companies.

Buterin described Storm as a principled developer focused on quality and long-term usability rather than profit or publicity, noting that Tornado Cash tools remained functional even years after Storm stopped actively maintaining them.

He said that fact alone distinguished the work from much of modern consumer technology and showing why he believes Storm should not be punished for building neutral software.

Storm Convicted on One Count as Major Charges Remain Unresolved

The legal stakes are high, as Storm was arrested in August 2023 and charged with conspiracy to commit money laundering, operating an unlicensed money transmitting business, and violating U.S. sanctions.

After a federal trial in August 2025, a jury returned a partial verdict, convicting Storm on the unlicensed money transmission charge, which carries a maximum sentence of five years, while failing to reach a verdict on the money laundering and sanctions charges.

Those counts remain unresolved, leaving Storm exposed to the possibility of a retrial and far steeper penalties.

Storm remains free on bail while post-trial motions are pending.

His legal team has asked the court to acquit him, arguing that Tornado Cash is a non-custodial, immutable protocol and that writing open-source code does not amount to operating a money service.

Prosecutors have opposed that motion and have not yet said whether they will retry the deadlocked charges in 2026.

Support for Storm has grown across the crypto and tech sectors.

Developers, legal experts, and advocacy groups argue that the case conflicts with long-standing FinCEN guidance stating that non-custodial software developers are not money transmitters.

More than 65 organizations have urged President Donald Trump to intervene, calling the prosecution an example of “regulation by prosecution” that risks pushing innovation offshore.

Industry groups have also pointed to recent DOJ statements acknowledging that developers without ill intent should not face criminal charges simply for publishing code.

The Tornado Cash sanctions themselves were lifted in 2025 after a federal appeals court ruled that the Treasury Department overstepped its authority by sanctioning immutable smart contracts.

That ruling has become a central reference point in Storm’s defense, even as prosecutors argue it does not apply to his charged conduct.