Roman Storm’s legal team alleges a Brady violation by the U.S. Department of Justice (DOJ), claiming withheld evidence could significantly benefit the Tornado Cash developer’s defense. Filed late Friday, their letter highlights concerns about potential prosecutorial misconduct, suggesting either misleading of the judge or reckless disregard for disclosure obligations.
The crux of the defense’s argument centers on exculpatory materials allegedly possessed by the DOJ since August 2023. These materials reportedly address a key contention in the case: whether a non-custodial cryptocurrency mixer like Tornado Cash constitutes a “money transmitting business” under 18 U.S.C. § 1960. The defense argues the DOJ’s failure to provide these materials during Storm’s indictment and initial court appearance in Fall 2023 constitutes a Brady violation, prejudicing his defense, even after the DOJ partially dropped its case.
This claim stems from a parallel case against Samourai Wallet developers. In that case, defense attorneys revealed that prosecutors delayed disclosure of FinCEN officials’ statements indicating Samourai Wallet did not resemble a money transmitter. While prosecutors deny any wrongdoing, asserting timely disclosure and that the officials’ opinions weren’t formal guidance, Storm’s defense counters that this superficial similarity masks a core issue.
The defense emphasizes the non-custodial nature of both Tornado Cash and Samourai Wallet as a central point of contention regarding FinCEN guidance and the scope of Section 1960. User control over assets, a key argument in Storm’s motion to dismiss and compel discovery of FinCEN materials, underscores the alleged relevance of the withheld information. The defense requests Judge Katherine Polk Failla to compel the DOJ to review potentially exculpatory materials, share documents from the Samourai case, and disclose when prosecutors learned of these materials. This action seeks to ensure a fair trial for Roman Storm based on full and transparent disclosure of all relevant information.
