Legal developments show that prosecutors may have concealed evidence in the case against the Tornado Cash mixer.
The legal case involving the Tornado Cash mixer may be at a turning point. Roman Storm’s legal team, one of the platform’s developers, has asked the court to reconsider the motion to dismiss the case, arguing that the prosecution deliberately withheld evidence favorable to the defense. These documents, originating from the Financial Crimes Enforcement Network (FinCEN) and dating back to 2023, would demonstrate that non-custodial cryptocurrency mixers like Tornado Cash do not fall under the legal definition of a “money transmitting business.”
According to a letter dated May 16 addressed to Judge Katherine Polk Failla, prosecutors were aware of FinCEN’s guidelines on cryptocurrency mixers but nonetheless proceeded with charges against the developers of both Samourai Wallet and Tornado Cash. The prosecution denies having withheld evidence, claiming it provided the FinCEN communications within the established deadlines during the discovery phase.
Similarities with the Samourai Wallet case
Storm’s defense team cited the same legal documents and arguments presented by the attorneys for the Samourai Wallet developers in a legal letter dated May 5. The attorneys wrote:
“The disclosures in the Samourai case reveal that the government, at the very least, played fast and loose and, at worst, affirmatively misled this Court with its arguments about FinCEN guidance when responding to the motions to dismiss and to compel discovery.”
Although on April 28, federal judge Robert Pitman issued a ruling denying the Office of Foreign Assets Control (OFAC) the ability to reimpose sanctions on Tornado Cash — setting a legal precedent for cases involving non-custodial mixers — federal prosecutors are nonetheless moving forward with the case against Storm, albeit with modified charges.
