Roman Storm, the co-founder of the cryptocurrency mixer Tornado Cash, has taken a bold legal stance by filing a series of documents aimed at dismissing the charges against him before the trial commences. This move comes in response to the government's rebuttal to Storm's initial motion to dismiss, with his defense team arguing that the prosecution has failed to provide sufficient evidence of his direct involvement in the alleged criminal activities outlined in the indictment.

Tornado Cash Co-founder's Defense Strategy

Storm's defense rests on the premise that once the Tornado Cash protocol was deployed, it became immutable and accessible to anyone with an internet connection, a fact that the government acknowledges. The defense contends that by the time the protocol was allegedly misused by criminals, Storm no longer had control over its operation, stating, "In fact, by the time criminals allegedly began misusing it, the Tornado Cash protocol was, as the government concedes, immutable and available to anyone with an Internet connection."

Challenging the Government's Classification

The defense team also challenges the government's classification of Tornado Cash as a "money transmitting business," which has drawn criticism not only from Storm's lawyers but also from Senators Ron Wyden and Cynthia Lummis. In a letter included in Storm's motion, the senators express their concerns about this classification. Storm's lawyers argue that characterizing Tornado Cash as a money transmitter violates due process and established legal principles, asserting that it "…runs afoul of due process, the rule of lenity, and the rule against novel constructions."

Additional Motions and Constitutional Concerns

Storm's legal team has also filed motions compelling the government to produce specific correspondence with Dutch authorities and contesting the seizure of Storm's cryptocurrency hard wallets. The defense claims that the seizure represents a "wholesale assault on the Fourth Amendment," arguing that the government should not use Storm's private keys to indiscriminately search and seize cryptocurrency. The filing states, "The government should not be permitted to use Mr. Storm's private keys to rifle around the blockchain to seize 'any and all' of what it believes is Mr. Storm's cryptocurrency and transfer that cryptocurrency to its own wallets." The defense criticizes the government's approach as a speculative search for evidence, labeling it a "fishing expedition."

Upcoming Hearing and Community Support

Storm's motion to dismiss has garnered support from three crypto advocacy groups through amicus briefs, reflecting a broader concern within the cryptocurrency community about the implications of the case. Crypto investors have also rallied behind Storm, raising millions of dollars for his defense. The motion hearing for Storm's case is scheduled for July 12 at the U.S. District Court for the Southern District of New York in New York City.