- Prosecutors reject key defense argument in Tornado Cash legal battle
- Roman Storm faces renewed pressure as retrial request gains traction
- Crypto privacy debate intensifies as regulators push stricter enforcement actions
Federal prosecutors have taken a firm stance against a legal argument presented by attorneys representing Tornado Cash developer Roman Storm. Their latest filing underscores rising legal pressure as the case moves toward a possible retrial.
Prosecutors argued that a recent Supreme Court ruling involving internet service provider Cox does not apply to Storm’s situation. They stated that the defense relied on a comparison that fails to reflect the operational realities of Tornado Cash.
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Prosecutors Challenge Defense Comparison and Highlight Control Issues
According to the filing, Storm’s actions differ significantly from Cox’s conduct in the copyright dispute referenced by the defense. While Cox demonstrated active efforts to prevent misuse, prosecutors claimed Tornado Cash lacked meaningful safeguards against criminal activity.
They further alleged that Storm misrepresented his control over the protocol when responding to victims. Prosecutors said internal actions showed otherwise, citing over 250 infrastructure changes made during the relevant period.
Additionally, they emphasized that discussions around limiting illicit usage occurred but were ultimately not implemented. This detail formed a central part of their argument against the defense’s position.
Prosecutors Push for Retrial as Legal Pressure Mounts
At the same time, prosecutors have requested a retrial on unresolved charges from earlier proceedings. They proposed October 2026 as a potential start date, showing that the case remains ongoing.
Storm previously faced accusations of facilitating over one billion dollars in illicit transactions through Tornado Cash. A jury convicted him on one count related to money transmission, while leaving other charges unresolved.
Industry Reaction and Enforcement Trends Take Center Stage
Meanwhile, the case has drawn strong attention across the crypto industry. Supporters argue that writing code should not automatically imply criminal liability. However, the Department of Justice maintains that knowingly enabling illegal activity remains prosecutable. This position aligns with recent enforcement actions targeting crypto mixing services. Founders of Samourai Wallet have already received prison sentences after pleading guilty to money laundering charges.
Moreover, prosecutors used that precedent to reinforce their stance that developers must take responsibility when platforms facilitate crime. The Tornado Cash case now enters a critical stage as prosecutors reject the defense’s key argument. With a retrial likely, the outcome may shape future enforcement around privacy-focused crypto tools.
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