- Storm’s attorneys allege prosecutors concealed FinCEN guidance contradicting their case
- The outcome could set a precedent for open-source developers and crypto privacy tools
Storm alleges prosecutors withheld key evidence in Crypto case
Roman Storm, co-founder of the cryptocurrency mixing service Tornado Cash, has accused U.S. federal prosecutors of withholding exculpatory evidence that could significantly impact his ongoing criminal case. In a letter dated 16 May 2025, Storm’s attorneys informed Judge Katherine Polk Failla that prosecutors failed to disclose 2023 communications with the Financial Crimes Enforcement Network (FinCEN). These documents reportedly indicate that non-custodial crypto mixers like Tornado Cash do not qualify as “money transmitting businesses” under federal law.
Storm faces charges including conspiracy to commit money laundering, sanctions violations, and operating an unlicensed money-transmitting business. His legal team argues that the FinCEN guidance undermines the basis of these charges and that the prosecution’s omission of this information constitutes a serious breach of legal protocol.
Prosecutors have denied any wrongdoing, asserting that the FinCEN documents were submitted within the required timeframe during the discovery process. However, Storm’s defense contends that the government’s handling of the evidence was misleading, drawing parallels to the case against the developers of Samourai Wallet, who faced similar allegations .Despite a U.S. appeals court ruling in November 2024 that the Treasury Department overstepped its authority by sanctioning Tornado Cash, federal prosecutors continue to pursue the case against Storm . His trial is scheduled to commence in July 2025.
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Why It’s Important
This case is pivotal in the ongoing debate over the legal responsibilities of open-source developers and the regulation of privacy-focused cryptocurrency tools. The outcome could set a significant precedent, potentially affecting how developers are held accountable for the misuse of their software by third parties.
The crypto community has rallied in support of Storm and other Tornado Cash developers, raising over $2.3 million for their legal defense through initiatives like JusticeDAO . Advocates argue that creating software should not be criminalized, especially when the developers have no control over how the software is used post-deployment.
As the trial approaches, the court’s decision on the admissibility and impact of the FinCEN documents will be closely watched, not only for its implications on Storm’s case but also for its broader impact on the future of software development and financial privacy in the digital age.
