In the landmark “US vs Roman Storm” case, the Tornado Cash founder was found guilty of conspiracy to run an unlicensed money transmittal business and innocent of others.
The maximum penalty for this charge is up to 5 years in prison, a fine of $250,000, or twice the amount of the criminally derived property involved, whichever is greater.
No Verdict on Money Laundering and Sanctions Charges
This case has been a landmark battle for privacy rights and the decentralized nature of crypto. Roman Storm argued that he wasn’t responsible for other actors’ usage of his software.
The jury did not reach unanimity on Count 1, conspiracy to commit money laundering, or Count 3, conspiracy to violate US sanctions against North Korea.
Those two charges carried heavier legal and geopolitical weight. Their outcome remains undecided. The prosecution has not yet confirmed whether it will seek a retrial on those counts.
Since the beginning of last month, the trial of Roman Storm, founder of Tornado Cash, has been hotly followed by the crypto industry.
The proceedings left a bad taste in the community’s mouth, with threats of additional charges against Storm’s witnesses.
Government Wants to Remand the Tornado Cash Founder in Prison
Immediately following the verdict, prosecutors moved to revoke Storm’s bail and remand him to prison. He argued that Storm was a flight risk due to his Russian background, financial resources, and prior communications about immigration loopholes.
Assistant Attorney Arad told the court that Storm had access to at least $10 million in crypto assets and had advised others about seeking asylum.
“We are moving for his remand to prison. There is a presumption and he cannot meet his burden. He has advised people how to cheat the immigration system,” said AUSA Arad.
Meanwhile, Storm’s lawyer countered that he has remained compliant with all bail conditions. His passport was surrendered, and his house is tied up in the bond.
She emphasized Storm’s family ties in the US, including joint custody of his 5-year-old daughter, and noted that he had voluntarily engaged with federal investigators prior to his arrest in 2023.
Also, the defense pointed out that Storm required court permission to access crypto—only to pay taxes.
“He has a sister in Sacramento, who has three children and has been here in court last week. His parents have green cards, in US as well as to Russia. The immigration statements are about other Russians freaking out because of Ukraine,” Storm’s lawyer argued.
Judge Declines Detention, Cites Low Risk of Flight
Judge Katherine Polk Failla denied the prosecution’s motion to detain Storm.
She stated that Storm faces only a five-year maximum sentence on the one count of conviction. She emphasized that he has strong incentives to stay and appeal.
“He may appeal, he has every incentive to stay and fight. He is not a risk of flight, given the size of the bond. There is a lot of fighting left in this case before sentencing, and I think Mr. Storm will stay for it,” Judge declared.
In short, this trial is a test of what sort of decentralized protocols the US legal system will tolerate. This mixed result is somewhat positive for the community.
Storm was found innocent of serious crimes like sanctions evasion and money laundering.
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