Tornado Cash developers' defense team strikes back: Roman Storm accuses prosecutors of abusing power

Tornado Cash co-founder Roman Storm is seeking to dismiss the charges against him. His defense team recently filed a series of pre-trial motions, accusing the prosecution of overreach and questioning the government's interpretation of the law.

Defense Team Seeks Dismissal of Case

Roman Storm's legal team has filed new documents seeking the dismissal of his case before the trial begins. They argue that the government has failed to provide sufficient evidence to prove Storm's active involvement in the alleged criminal activities. They emphasize that the Tornado Cash protocol, when abused by criminals, was already immutable and available for anyone to use online, which they believe weakens the government's charges against Storm.

Tornado Cash: Money Services Business (MSB)?

One of the main arguments of the defense is against the government's characterization of Tornado Cash as a "money services business." This interpretation is not only opposed by Storm's lawyers but has also caught the attention of Senators Ron Wyden and Cynthia Lummis, who pointed out in a letter included in Storm's motion that this description goes against due process and legal precedent.

Unconstitutional Fishing by Law Enforcement

In other motions, Storm's lawyers argue that the government should disclose certain communications with Dutch authorities. They also argue that the seizure of Storm's cryptocurrency hardware wallet violated his Fourth Amendment rights against unreasonable searches and seizures. The defense team states that the government's use of Storm's private keys to search for evidence on the blockchain amounts to an unconstitutional "fishing expedition."

Questioning the Legitimacy of the Seizure

The defense team emphasizes that the government itself has admitted its inability to determine if the seized cryptocurrency is linked to any illegal activities. They believe this demonstrates the invalidity of the government's actions and supports their accusations of overreach.

Support from the Crypto Community

Storm's defense has garnered significant support from the cryptocurrency community. Three crypto advocacy groups have submitted support for his dismissal motion. Additionally, many crypto investors have shown support for Storm, raising millions of dollars for his defense.

Rare Pretrial Dismissals in Practice

The Department of Justice continues to oppose the dismissal of the case before trial. Prosecutors argue that pretrial dismissals in such cases are extremely rare, and many of the defense's arguments are better suited for a jury to decide. A hearing on Roman Storm's motion is scheduled for July 12th at the United States District Court for the Southern District of New York. The outcome of this hearing could have significant implications for Storm and the broader cryptocurrency community.