Attorneys representing Roman Storm, the developer of Tornado Cash, have taken legal action by filing a motion requesting the court to reconsider the dismissal of the case. The motion was based on allegations that the prosecution had withheld critical evidence that could have exonerated Storm. This evidence came in the form of communications with the Financial Crimes Enforcement Network (FinCEN) dating back to 2023.

In a letter dated May 16 addressed to Judge Katherine Polk Failla, Storm's legal team revealed that the FinCEN documents indicated that non-custodial crypto mixers, such as Tornado Cash, do not meet the legal definition of a "money transmitting business." Furthermore, the letter alleged that prosecutors were aware of this information as early as 2023. Despite this knowledge, the state prosecutors proceeded with cases against both the developers of Samourai Wallet and Tornado Cash.

The defense team argued that the prosecution had failed to disclose this crucial information, suggesting that it was either overlooked or intentionally withheld. This revelation echoed similar claims made by the attorneys representing the Samourai Wallet developers in a legal letter dated May 5. Storm's attorneys pointed out that the government's arguments regarding the FinCEN guidance were misleading and potentially misrepresented to the court.

The defense emphasized that the cases against both the Samourai Wallet developers and Roman Storm shared fundamental similarities concerning the legal status of cryptocurrency mixers. They contended that the FinCEN documents were pivotal in dismissing the case against Storm, given their relevance in establishing the legal standing of non-custodial mixers.

Despite facing legal hurdles, including a ruling denying the Office of Foreign Assets Control (OFAC) the authority to reimpose sanctions on Tornado Cash, US federal prosecutors persisted with the case against Roman Storm. However, the charges against Storm have reportedly been modified as the trial proceeds.

The developments in Storm's case highlight the complex legal landscape surrounding cryptocurrency technologies and their regulatory implications. The ongoing legal battle underscores the need for clarity and consistency in interpreting laws governing crypto transactions and services, particularly concerning innovative platforms like Tornado Cash.

Source: https://cointelegraph.com/news/tornado-cash-dev-attorney-say-prosecutors-hid-evidence?utm_source=rss_feed&utm_medium=rss&utm_campaign=rss_partner_inbound