Federal prosecutors have pushed back against the acquittal bid for Roman Storm, arguing that the judge should reject the motion. They maintain that the evidence presented in the Tornado Cash trial was sufficient to support Storm’s conviction and uphold the remaining charges.

The U.S. Department of Justice (DOJ) for the Southern District of New York filed a submission last week rejecting Storm’s post-trial motion seeking to dismiss all three charges against him. Roman Storm, co-founder of the cryptocurrency mixer Tornado Cash, was convicted in August for operating an unlicensed money transmission service.

However, the jury failed to reach a verdict on two additional charges — conspiracy to commit money laundering and conspiracy to violate U.S. sanctions law — resulting in a partial mistrial.

### DOJ Highlights Storm’s Active Role in Tornado Cash

Storm’s legal team filed a procedural request asking Judge Katherine Polk Failla to acquit him on all counts, arguing that prosecutors failed to meet the required threshold to sustain the charges.

In response, prosecutors emphasized that Storm exercised direct and intentional control over Tornado Cash. The U.S. Treasury sanctioned Tornado Cash in 2022 for facilitating transactions linked to a North Korean hacking group and other malicious cyber actors.

According to the DOJ filing, Storm and his collaborators regularly updated the platform’s user interface, changing how most users accessed the service. The filing stressed that Storm’s control was neither passive nor incidental but demonstrated operational authority and intent.

Prosecutors also argued that Storm was aware of the criminal use of the service and contributed to building features that enabled such activities. Trial evidence showed Tornado Cash enabled billions of dollars in anonymous transactions, including stolen funds linked to the Lazarus Group, a North Korean state-backed hacking organization.

### Potential Sentencing and Legal Proceedings

Storm faces up to 45 years in prison if found guilty on all three charges. His conviction for operating an unlicensed money transmission business carries a maximum penalty of five years’ imprisonment. The other two charges — money laundering and operating a sanctioned business — could result in an additional 40-year sentence if proven in a retrial.

Following the partial mistrial, Judge Failla declared a partial mistrial on the unresolved counts. Storm was released on bail pending retrial. The judge noted that Storm had every reason to stay and contest the case, given his compliance with court orders and existing bail conditions.

As of now, a sentencing date for the single conviction has not been confirmed. Storm’s attorneys are expected to file a response to the DOJ’s filing by Wednesday.

### Defense Arguments Challenging the Prosecution

In their original post-trial motion, Storm’s attorneys argued that the government did not fully prove he had direct control over Tornado Cash or knowingly facilitated criminal laundering activities.

They contended that Tornado Cash operates as a decentralized network of smart contracts, making it impossible for Storm to single-handedly determine how it was used.

Additionally, the defense challenged the DOJ’s characterization of Tornado Cash as a money transmission business. They argued that because Tornado Cash is an open-source software tool, it should not be treated as a custodial financial intermediary under U.S. law.

These defense arguments are expected to be reiterated in their upcoming response before Wednesday.

### What’s Next?

Judge Failla is likely to consider whether to issue further rulings or allow the case to proceed to sentencing and retrial on the unresolved counts.

The Tornado Cash case continues to raise significant legal questions about decentralized platforms and regulatory oversight in the cryptocurrency space.

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https://bitcoinethereumnews.com/finance/justice-department-pushes-back-on-request-to-acquit-in-tornado-cash-trial/