DOJ Counters Tornado Cash Developer Roman Storm’s Defense, Asserting Money Transmitting Operations
The US Department of Justice (DOJ) has rejected Tornado Cash developer Roman Storm’s motion to dismiss criminal charges, arguing that the defense’s filing presented disputed facts that should be weighed by a jury rather than being resolved in an early-stage motion.
Storm, along with fellow developer Roman Semenov, was charged by the DOJ with conspiracy to commit money laundering, conspiracy to operate an unlicensed money transmitter, and conspiracy to violate sanctions laws through the creation and operation of Tornado Cash.
US authorities have alleged that Tornado Cash has been used by criminal entities, including North Korea’s Lazarus Group, for money laundering purposes.
In their motion to dismiss the indictment, Storm’s attorneys argued that Tornado Cash is not a custodial mixing service and does not meet the definition of a “financial institution.”
They also contended that Storm had no control over the service and could not prevent entities like Lazarus Group from using it.
The defense’s position was that merely developing the code for the project does not equate to operating a money laundering entity.
However, in the DOJ’s recent filing , they disputed the defense’s characterization of Tornado Cash.
They stated that the service was announced in 2019 as a mixer and comprised a website, user interface, a combination of smart contracts, and a network of “ relayers. ”
The DOJ asserted that Storm cannot dismiss the indictment based on his own contested view of how the Tornado Cash service operated or his self-serving version of his intent.
The filing also countered Storm’s assertions regarding the functionality of the Tornado Cash interface and the control individual users had
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