
In short
- The DOJ rejected Roman Storm’s argument that the recent Supreme Court decision should result in his case being dismissed.
- Prosecutors told the judge that the ruling should not be used, saying it covers a wide range of activities and industries.
- The case highlights the tensions between Trump’s pro-crypto administration and the continued prosecution of crypto developers.
Attorneys for the Department of Justice poured cold water on Tuesday Ethereum Roman Storm’s recent plea to dismiss his criminal case, which may go to court again.
In a letter sent today, prosecutors urged federal judge Katherine Polk Failla to overrule the recent Supreme Court decision, which Storm’s lawyers said could have a major impact on the legal challenges facing the software developer.
Tornado was arrested and charged in 2023 for using Tornado Cash, a cryptocurrency exchange that allowed Ethereum users to keep their transactions, which appear on the blockchain, private. Prosecutors allege that Storm was aware that criminals were using Tornado Cash to launder money, even though the program ran on its own without direct involvement from the developer.
Last summer, a Manhattan judge found Storm guilty he is operating an illegal money transfer machine, but failed to convict on two other charges of money laundering and evading sanctions. Storm appealed the decision. Last month, the Trump DOJ filed try the manufacturer again conspiracy to commit money laundering and conspiracy to evade sanctions.
But late last month, Storm’s lawyers thought they might have caught their breath. On March 25, the Supreme Court unanimously ruled, in a case that appeared to be unrelated to music copyright, that Cox, a major Internet service provider, could not be held liable for the actions of its customers.
In a letter to Judge Failla sent last week, Storm’s lawyers argued that the High Court’s decision – that Cox knew some of his clients could illegally download music – was irrelevant. purpose on the part of Cox to violate music standards – had a direct effect on their cases.
They highlighted how the Trump administration supported how Cox said the internet giant should not be seen as supporting what some of its users are not allowed to do. The Supreme Court found this fact to be true.
But today, in a blunt, three-page letter, the US attorney for the Southern District of New York rejected the idea that Cox’s decision should have any effect on Storm’s case.
Cox took steps to prevent users from infringing on their rights and policies that addressed many of the flaws it identified, the DOJ said. In addition, Cox’s online services could be used by customers for a variety of purposes including infringing laws, prosecutors wrote.
In contrast, they argued, Storm was personally aware of the bad behavior of some Tornado Cash users and never intervened to stop it.
The Trump DOJ also said in a letter on Tuesday that there is no evidence that private crypto services such as Tornado Cash can be used for “public or commercial purposes” that are not criminal. This is a sure thing for crypto experts, who struggle all digital users have the right to keep their money private.
“The actions of the defendant cannot be compared to what is being discussed Cox,” the DOJ said Tuesday.
The DOJ’s push to retrial Roman Storm is notable for the pro-crypto Trump administration. Last year, several times, the DOJ he promised to stop blaming secret crypto software developers, to the delight of the crypto industry. However, federal prosecutors have sent several such manufacturers to prison over time, the condition of great concern to private directors.
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