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DOJ Rejects Tornado Cash Developer’s Bid to Dismiss Indictment

Tornado Cash Department Of Justice

The DOJ has countered Tornado Cash’s motion for dismissal by criminal indictment by saying that the facts will be examined by a jury and not by an earlier-stage argument. The DOJ Department made a second filing on Friday reasserting its position, which remains that Tornado Cash was a money-transmitting business, which is one of the charges leveled against Storm.

DOJ Upholds Charges Against Roman Storm

Roman Semenov and Storm, together, are accused of colluding to launder money, operate an unlicensed money transmitter business, and deal Tornado Cashes that anonymizes transaction trails. Note that samples such as the Lazarus Group of North Korea were allegedly involved in illicit transfers through Tornado Cash.

Defense’s Claims Disputed in Friday Filing

The central issue of Storm’s argument is that, from a legal standpoint, Tornado Cash is neither a custodial mixing service nor a “financial institution,” and that Storm also did not control the platform’s usage by criminal entities. The defendants’ legal defense was that writing the code itself does not constitute running a money laundering organization by default.

Nevertheless, DOJ contended that Tornado Cash, presented in 2019, consists of the code only but also concerns the overall service, which has a website, user interface, smart contracts, and a network of relayers. The prosecution addressed the fact the fact that Storm’s picture of the system’s functionality wasn’t valid and offered evidence related to user control and developers’ supervision.

Also, the filing highlighted the DOJ’s intentions to introduce substantial evidence to explain the architecture of Tornado Cash, usage patterns, and involvement of Storm. In addition, the filing included screenshots to refute assertions about user autonomy and developer power.

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The legal showdown develops, and the trial of Storm is scheduled for September while Semenov, the alleged accomplice, is at large. The DOJ looks firm to win the lawsuit, promising to set up a test case in the areas of cryptocurrency, law enforcement, and financial regulations.

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