“Founder of Tornado Cash Protocol Accuses Prosecutors of Overreach, Calls for Dismissal of Charges”

"Founder of Tornado Cash Protocol Accuses Prosecutors of Overreach, Calls for Dismissal of Charges"

"Founder of Tornado Cash Protocol Accuses Prosecutors of Overreach, Calls for Dismissal of Charges"

According to The Block, the defense team of Roman Storm, co-founder of the cryptocurrency mixer Tornado Cash, has submitted a series of new documents in an attempt to overturn the US government’s prosecution of the developer before the trial begins.

Following the prosecution’s response to Storm’s motion to dismiss, Storm’s defense team submitted a reply last Friday (24th), reiterating that the case should be dismissed on the grounds that the government has not adequately proven his active involvement in the criminal activities alleged in the indictment. The motion states:

The majority of the contents of this document question the government’s characterization of Tornado Cash as a “money transmitting business,” a argument that has even caught the attention of US Senators Ron Wyden and Cynthia Lummis, who oppose the government’s interpretation of the term. Their letter of opposition to the government’s interpretation is also included in Storm’s motion. Storm’s attorneys argue that describing Tornado as a money transmitter “…violates due process, lenity principles, and principles against new interpretations.”

Questioning the government’s evidence collection

In other motions, Storm’s attorneys argue that government prosecutors should be compelled to produce certain communications records with Dutch authorities, and that the seizure of his cryptocurrency hardware wallet constitutes a “comprehensive attack on the Fourth Amendment.”

Storm’s attorneys contend that the government should not be allowed to indiscriminately search the blockchain using Storm’s private keys, “seize any and all cryptocurrencies that they think belong to Mr. Storm, and transfer those cryptocurrencies to their own wallets.” The attorneys also point out that the government itself acknowledges that they are unsure how to link any recovered cryptocurrency to any alleged illegal activity, stating in the documents that “on the contrary, the government is simply on a fishing expedition to see if they can find evidence of a crime.”

However, in the government’s opposition to Storm’s motion to dismiss, they note that pretrial dismissal is extremely rare in such cases. The prosecution argues, “In fact, the vast majority of the defendant’s assertions for dismissal of the indictment are factual in nature and more appropriate for the jury to address, rather than for a motion that asserts, at first blush, that the indictment is legally insufficient.”

A hearing on Roman Storm’s motions is scheduled for July 12th at the Southern District of New York federal court.

Related report: “Tornado Cash, the privacy protocol, developer Alexey Pertsev sentenced to 64 months imprisonment for money laundering”