The developer of Tornado Cash, Roman Storm, just turned up the heat on the feds.
His legal team is accusing U.S. prosecutors of withholding exculpatory evidence — documents that could blow holes in the government’s case and potentially set him free.
In a letter to Judge Katherine Polk Failla, Storm’s lawyers didn’t hold back: they say the government is misrepresenting its own regulatory stance and sitting on documents since August 2023.
Here’s where it gets spicy:
Storm’s team says that FinCEN already ruled that Samourai Wallet — a non-custodial crypto mixer just like Tornado Cash — isn’t a money transmitter.
But the U.S. government? It’s still prosecuting Storm as if Tornado Cash is one.
“The disclosures in the Samourai case reveal that the government, at the very least, played fast and loose and, at worst, affirmatively misled this court,” the defense claimed.
Translation: you can't pick and choose the rules just to land a conviction.
Prosecutors, of course, say that’s not true.
They argue that every relevant communication with FinCEN was already handed over — months in advance of the trial.
“Defendants will have seven months to make use of the information before trial. Nothing more is warranted,” said the government’s filing.
So… who’s telling the full story? That’s now part of the trial too.
This case isn’t playing out in a vacuum.
The Department of Justice recently signaled a shift in crypto enforcement. A leaked memo under the Trump administration stated that:
Authorities would “no longer target virtual currency exchanges, mixing and tumbling services, and offline wallets for the acts of their end users.”
Which makes Storm’s prosecution feel even more like a throwback — or worse, a contradiction.
This is more than just one man on trial.
Storm’s case is a litmus test for how far the U.S. government is willing to go against privacy tech — and how consistent they are with their own rules.
At stake:
Lesson: When regulators can’t agree on their own rules, it’s not just messy — it’s dangerous for crypto innovation.
Tornado Cash isn’t just code. Now, it’s a battlefield.
Have questions or want to collaborate? Reach us at: info@ath.live