Roman Storm Seeks Dismissal of Charges Filed by US Authorities
Roman Storm, the developer behind Tornado Cash, a crypto-mixing platform, has made a move to have the criminal charges brought against him by US authorities dismissed.
This request comes in the wake of a significant legal development from the Fifth Circuit Court, which deemed the sanctions imposed on Tornado Cash’s smart contracts by the US Treasury’s Office of Foreign Assets Control (OFAC) as unlawful.
Reasons for Seeking Dismissal
Storm’s decision to seek dismissal of the charges stems from a recent court ruling that undermines the allegations against him.
The court concluded that autonomous smart contracts, which function independently without human interference, do not fall under the category of property as per the law.
This ruling casts doubt on the foundation of the charges leveled against Storm, especially concerning violations of the International Emergency Economic Powers Act (IEEPA).
Storm’s legal team argues that since he had no authority over Tornado Cash’s smart contracts, he could not have knowingly or willfully breached the IEEPA, as the software operates autonomously.
“These alleged transactions were not services, not owned or controlled by Tornado Cash, and could not have resulted from any deliberate choice by Mr. Storm because they were outside of his control. Mr. Storm could no more choose to stop them than he could choose to stop the sun from rising.”
Challenges to Additional Charges
Storm is also pushing for the dismissal of other charges, such as conspiracy to run an unlicensed money-transmitting business and money laundering, arguing that they are based on flawed legal premises.
His legal team asserts that the government’s case misrepresents the nature of Tornado Cash’s smart contracts, emphasizing that Storm cannot be held responsible for transactions processed through the platform due to its autonomous operation.
They contend that this lack of control negates the intent and awareness necessary for money laundering and money transmission charges.
Furthermore, Storm highlights the Fifth Circuit’s ruling as evidence of the government’s broad interpretation of criminal statutes in his case, which he believes infringes on due process and bolsters his motion to have all charges dismissed.
