Tornado developer Roman Storm urges "freedom to write code," requests U.S. Department of Justice to drop charges.

Roman Storm, co-founder of the privacy protocol Tornado Cash who is still at large, responded through his lawyer on the 31st to the multiple charges brought against him by the U.S. Department of Justice (DOJ), stating that all accusations are severely mistaken and requesting their dismissal.

Lawyer Roman Storm Requests Dismissal of Charges

As the co-founder of the sanctioned cryptocurrency mixer Tornado Cash, Roman Semenov, along with the fugitive Roman Storm, were indicted by the U.S. Department of Justice (DOJ) last year. The main charges include conspiracy to commit money laundering, violation of sanctions regulations, and operating an unlicensed money transmission business.

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However, according to documents submitted by Roman Storm to the U.S. District Court for the Southern District of New York on March 29th, as shown in a file, Storm has filed a motion to dismiss all three charges against him:

In any case, Mr. Storm cannot be considered involved in criminal activity. The charges are seriously flawed and should be dismissed.

Had Already Relinquished Control of Tornado Cash

Storm's lawyer argued in the document that Storm had already relinquished control of Tornado Cash before the alleged criminal activities involving aiding North Korea took place, therefore the charges of conspiracy do not hold:

Storm is a developer, and the only agreement he reached with the members was to create a software solution to provide financial privacy services to legitimate cryptocurrency users, which is not illegal.

Additionally, the Tornado protocol had open-source code before it was used for criminal activities, serving as a free privacy tool that could not prevent sanctioned entities from using the platform.

No Fees Charged for the Service

Furthermore, Storm's lawyer also stated that Tornado Cash does not meet the definition of illegally operating a money transfer business because Storm never charged fees through the protocol, and users retained sole control over their cryptocurrency:

As a non-custodial smart contract, Tornado Cash gives users full control over their assets without relying on any service provider or third-party custodian.

Programming Should Be Considered Freedom of Speech

Finally, the lawyer made a defense of the First Amendment, arguing that writing code should be considered freedom of speech, and therefore Storm cannot be accused of developing a business:

Writing code falls within the realm of freedom of speech and is protected by the First Amendment of the U.S. Constitution.

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Storm's Legal Team Files Motion for Compulsory Disclosure

In addition, Storm's legal team has filed a compulsory motion with the court, requesting that the Department of Justice share communications with the Dutch Fiscal Information and Investigation Service (FIOD), the Department of the Treasury's Office of Foreign Assets Control (OFAC), and the Financial Crimes Enforcement Network (FinCEN) to better prepare for his defense.

They also protested the use of search warrants by the authorities:

Even though the search warrant permits the Department of Justice to seize all cryptocurrencies involved in crime, the warrant's definition is overly broad, and the authorities have not provided sufficient evidence to support the seizure of his cryptocurrency.

Alexey Pertsev Still Awaits Trial

On the other hand, Alexey Pertsev, also a developer of Tornado Cash as mentioned by the Department of Justice, was not charged in this case but was instead indicted by Dutch authorities last month for money laundering, facing a sentence of five years and four months.

Reportedly, Alexey Pertsev has stated through his lawyer that he does not plead guilty, and the judge is expected to make a final ruling no later than May 14th.

Tornado Developer Alexey Pertsev Sentenced to Five Years and Four Months, Cryptocurrency Developers Facing Challenges?