In response to a motion filed by Tornado Cash developer Roman Storm seeking dismissal of criminal charges, the U.S. Department of Justice (DOJ) contested Storm's characterization of the operations of the crypto mixing service. The DOJ argued that the defense's presentation of facts should be considered by a jury, rather than being grounds for dismissal at this early stage of the legal proceedings.

Storm and fellow developer Roman Semenov were charged by the DOJ with various offenses related to their alleged involvement in Tornado Cash, including money laundering and operating an unlicensed money transmitting business. The DOJ asserted that Tornado Cash facilitated money laundering activities by criminal entities, including North Korea's Lazarus Group.

In their motion to dismiss, Storm's attorneys argued that Tornado Cash did not fit the definition of a financial institution and that Storm lacked control over the service's operations. However, the DOJ countered these arguments, asserting that Tornado Cash was indeed a mixing service with a website, user interface, smart contracts, and a network of relayers.

The DOJ further disputed Storm's claims regarding the functionality of the Tornado Cash interface and the level of control users had over transactions. The filing also suggested that Storm and his co-founders maintained control over the mixer, particularly during the period covered by the charging document.

The DOJ's filing referenced evidence it plans to introduce during trial, including details on how Storm and others developed and operated Tornado Cash, as well as user behavior on the platform. Storm's trial is scheduled for September, while Semenov remains at large.