DOJ Rejects Roman Storm Bid to Dismiss Tornado Cash Case Ahead of Retrial

TLDR

• The DOJ opposed Roman Storm’s latest effort to dismiss his criminal case.
• Prosecutors said the March 25 Supreme Court Cox ruling does not apply to Tornado Cash.
• The DOJ argued Cox and Tornado Cash involve different facts and different legal issues.
• Storm was previously found guilty of operating an illegal money transmitter.
• He may face retrial on conspiracy to commit money laundering and sanctions evasion charges.

The US Department of Justice has opposed Roman Storm’s latest effort to dismiss his criminal case. Prosecutors said a recent Supreme Court ruling should not affect the Tornado Cash developer’s legal fight. The filing was sent to Judge Katherine Polk Failla on Tuesday.

Storm’s lawyers had argued that the ruling could support dismissal. They pointed to a March 25 Supreme Court decision in a music copyright case involving internet provider Cox. In that ruling, the court found that user misconduct alone did not prove intent by the service provider.

Big development in the Tornado Cash saga…@rstormsf and his team dropped a 59-page motion for acquittal, citing the Supreme Court’s recent Cox v. Sony ruling on tech liability.

US prosecutors just fired back: “Not the same. Storm actively built the tool used by North Korean… pic.twitter.com/osRh1C1Rbb

— Ariel Givner (@GivnerAriel) April 7, 2026

Storm’s legal team said that reasoning should also apply to Tornado Cash. They argued that awareness of unlawful user activity does not show criminal intent by a software developer. They also noted that the Trump administration had backed Cox’s position in that case.

Federal prosecutors rejected that comparison in a three-page letter. They said the Cox case involved a different industry and different facts. They also said a civil copyright ruling had no relevance to a criminal case involving Tornado Cash.

Prosecutors Draw a Sharp Line Between Cox and Tornado Cash

The DOJ argued that Cox had policies aimed at discouraging illegal conduct by users. Prosecutors said those measures addressed most identified copyright violations. They also said Cox offered internet service for many lawful purposes beyond the misconduct at issue.

By contrast, prosecutors said Storm’s case involved different conduct and different facts. They argued that Storm was personally aware that some Tornado Cash users were laundering funds. They also said he did not act to stop that activity.

In the letter, prosecutors wrote, “The defendant’s conduct simply is not comparable to the conduct at issue in Cox.” They added, “In any event, a civil copyright case has no relevance here in the first place.” That statement formed the core of the DOJ’s response.

The filing also addressed the nature of Tornado Cash itself. Prosecutors argued there is no evidence that a crypto privacy tool like Tornado Cash had “substantial or commercially significant” noncriminal uses. That claim is likely to draw attention from privacy advocates in the crypto sector.

Roman Storm Case Moves Forward After Mixed Jury Outcome

Roman Storm was arrested in 2023 and charged over his work on Tornado Cash. The service allowed Ethereum users to make transactions more private. Blockchain transactions are usually visible, but coin mixers can make those transfers harder to trace.

Prosecutors have said Storm knew that bad actors used Tornado Cash to move illicit funds. They argue that this knowledge, along with his conduct, supports the charges. Storm has maintained that the software operated autonomously and without his direct control.

Last summer, a Manhattan jury found Storm guilty of operating an illegal money transmitter. The jury did not reach verdicts on two other counts. Those unresolved charges involved conspiracy to commit money laundering and conspiracy to commit sanctions evasion.

Storm appealed the guilty verdict. Last month, the DOJ moved to retry him on the two unresolved counts. That step means the Tornado Cash case may return to court as the legal fight continues.

Crypto Policy Tensions Remain in Focus under Trump Administration

The Roman Storm case has drawn wider interest because it sits alongside the Trump administration’s pro-crypto messaging. Over the past year, the administration has promoted friendlier rules for the digital asset industry. That approach has raised expectations among crypto firms and developers.

At the same time, the DOJ has continued pursuing cases tied to crypto privacy software. That has created tension between public support for crypto growth and ongoing criminal actions against certain developers. Privacy advocates have warned that this gap creates uncertainty for open-source builders.

The DOJ’s latest filing shows that prosecutors are not changing course in Storm’s case. They continue to argue that the facts support retrial and further prosecution. That position stands even as parts of the crypto industry push for broader legal protection for software developers.

For now, Judge Failla will decide whether Storm’s dismissal argument has any weight. If the court sides with prosecutors, the Tornado Cash developer will face another trial on the remaining charges.