Prosecutors Fight to Limit Evidence in Tornado Cash Developer Roman Storm’s Case
In a recent twist in the legal battle against Tornado Cash developer Roman Storm, prosecutors are making efforts to prevent the court from forcing them to disclose potentially helpful evidence that could strengthen Storm’s defense. In a letter submitted on Wednesday, prosecutors argued against claims from Storm’s lawyers that they had failed to fulfill their Brady obligations—a constitutional duty requiring prosecutors to share exculpatory evidence with the defense before trial.
This dispute stems from a recent evidence disclosure in another case handled by the Southern District of New York (SDNY). The case involves the co-founders of the Samourai Wallet, Keonne Rodriguez and William Lonergan Hill, who are accused of using a crypto mixing service to launder criminal proceeds. In that case, prosecutors admitted to having a conversation with FinCEN officials in 2023—prior to pressing charges—where the officials expressed doubts about whether the mixing service qualified as a money transmitting business that required licensing.
Lawyers for Rodriguez and Hill accused prosecutors of hiding critical evidence and violating their right to a fair trial. The judge overseeing that case recently denied their request for a hearing, instead instructing them to include their concerns in their upcoming pre-trial motions.
Though these cases are separate, Storm’s legal team is concerned that the prosecution’s failure to disclose their conversations with FinCEN regarding the Samourai Wallet’s legal status might constitute a Brady violation in Storm’s case as well. Prosecutors responded Wednesday by claiming that the FinCEN discussion was merely an opinion, not concrete evidence, and thus not subject to disclosure. They further argued that the conversation had no relevance to Storm’s case because Tornado Cash was not part of the discussion, which focused on Samourai Wallet’s operations.
The prosecutors emphasized that they have not sought or received any official opinion from FinCEN about Tornado Cash’s registration obligations. They stated that informal opinions from government employees, which disclaim official agency stance, are not legally admissible and do not constitute Brady material.
The trial for Storm is scheduled to begin on July 14 in New York, with the legal battle over evidence disclosure likely to be a significant aspect of the proceedings. As the case develops, both sides will be watching closely to see whether the court will compel disclosure of the communications with FinCEN and how that might impact the outcome.
