Roman Storm’s defense team is raising eyebrows with their latest move, questioning the U.S. Department of Justice’s (DOJ) handling of potentially crucial evidence. In a recent court filing, the attorneys for the Tornado Cash developer have asked whether the DOJ might be withholding information that could significantly impact Storm’s case. This development comes after disclosures in a separate, somewhat parallel case involving the Samourai Wallet developers, which have sparked concerns about transparency and fair play in the prosecutorial process.
Allegations of Withheld Evidence
In a letter submitted late Friday, Storm’s defense team accused prosecutors of playing “fast and loose” with the facts. They claim that the government has been in possession of exculpatory materials since August 2023—materials central to the question of whether a noncustodial cryptocurrency mixer qualifies as a “money transmitting business” under U.S. law. The defense argues that the DOJ’s failure to disclose these materials in a timely manner, following Storm’s indictment and initial court appearance, constitutes a serious breach known as a Brady violation, which has allegedly compromised Storm’s defense.
The spotlight here is on the DOJ’s case against Samourai Wallet developers. Earlier this month, it was revealed that the DOJ delayed sharing information from two Financial Crimes Enforcement Network (FinCEN) officials, who reportedly told the DOJ that Samourai Wallet did not resemble a money transmitter. Prosecutors have countered these claims, asserting their disclosures were timely and the FinCEN officials’ opinions did not amount to formal guidance.
A Clash Over Legal Interpretations
The DOJ has downplayed the connection between the Tornado Cash and Samourai Wallet cases, suggesting the similarities are merely superficial. However, Storm’s defense contends that these cases are linked by a fundamental issue: the noncustodial nature of both protocols, which challenges traditional interpretations of FinCEN guidance and the scope of Section 1960. This debate echoes broader discussions in the legislative arena, as highlighted in U.S. Congress Braces for Intense Debate Over Crypto Legislation This Summer.
“The government characterizes it as a superficial similarity,” the defense filing argues, “but the noncustodial nature is the crux of the conflicting interpretations.” This distinction is pivotal to Storm’s motion to dismiss the case and request further discovery of FinCEN-related materials.
The defense team is urging Judge Katherine Polk Failla to compel the DOJ to review any relevant materials that could support Storm’s case. They also demand the disclosure of documents from the Samourai case, questioning when exactly Storm’s prosecutors became aware of these materials.
Implications for the Crypto Community
This legal wrangle over evidence withholding has broader implications for the cryptocurrency industry, particularly for noncustodial protocols. If the court finds merit in the defense’s arguments, it could set a precedent affecting how noncustodial services are classified under financial regulations. This case underscores the ongoing tension between innovative financial technologies and existing legal frameworks—a tension that could shape the future of crypto regulation. For a deeper dive into the regulatory implications, see US crypto groups urge SEC for clarity on staking.
As the case unfolds, the crypto community will be watching closely. The outcome may influence regulatory approaches to other decentralized, noncustodial services, and potentially impact developers working within this space. For now, the question remains: will the DOJ be ordered to open its files?
In the weeks ahead, all eyes will be on Judge Failla’s courtroom. Her decisions could have reverberations far beyond this single case, challenging the boundaries of regulatory oversight in an evolving digital landscape. As the legal battle continues, the ramifications for cryptocurrency developers and users—whether innovators or regulators—are still being written.
Source
This article is based on: Roman Storm’s Defense Team Wants to Know if DOJ Withheld Evidence
Further Reading
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Steve Gregory is a lawyer in the United States who specializes in licensing for cryptocurrency companies and products. Steve began his career as an attorney in 2015 but made the switch to working in cryptocurrency full time shortly after joining the original team at Gemini Trust Company, an early cryptocurrency exchange based in New York City. Steve then joined CEX.io and was able to launch their regulated US-based cryptocurrency. Steve then went on to become the CEO at currency.com when he ran for four years and was able to lead currency.com to being fully acquired in 2025.
