Tornado Cash Co-Founder Storm To Face Trial As Judge Denies Dismissal

Tornado Cash co-founder Roman Storm will face trial after a US federal court judge denied his motion to dismiss charges.The US government charged Storm with co-founding a crypto-mixing platform, facilitating money laundering, and other charges.

Following the dismissal, Storm's trial will start in New York on December 2. If found guilty of all charges during the trial, the co-founder could face up to 45 years in jail.

Storm To Face Trial As Judge Denies Motion To Dismiss Charges

Roman Storm, a prominent developer and co-founder of Tornado Cash, is set to face trial over his deals with the popular crypto-mixing platform.

This move came after a US federal court judge rejected his motion to dismiss charges. Judge Katherine Polk Failla of the Southern District of New York denied Storm's dismissal motion via a telephone conference.

The US government charged the developer for his role in the popular crypto-mixing platform.Other charges against him include money laundering, evasion of US sanctions, and running an unregistered money transfer company.

Judge Failla noted that Storm's claims of facing charges for merely writing code are unacceptable to her.She pointed out that Tornado Cash's operations differ from those of other money-transmitting and financial services companies.

Further, the judge reiterated that control is not the only essential to establishing guilt. Other intents are applicable factors to consider.

Failla stated: While computer coding can be expressive and protected when that code is used to direct a computer to perform functions, it is not shielded as protected speech."

Again, she rejected the developer's assertions that the First Amendment protects his creation and deployment of Tornado Cash as free speech.She pointed out that the First Amendment doesn't define the functionality capacity of code as speech.

Moreover, the judge stressed that the federal government's activities against money laundering are entirely unrelated to free speech suppression.

Failla also canceled Storm's debate regarding Tornado Cash as a neutral tool. The judge cited other cases that labeled crypto-mixing platforms as unregistered money-transmitting entities.

In addition, the judge described Tornado Cash as a non altruistic venture" that focuses on gains. She noted that the Justice Department accused the platform of receiving almost $1 million from a VC company to get a share of the returns.

Following Judge Failla's decision, Storm's trial will start on December 2 in New York. If found guilty, the developer could face up to 45 years imprisonment.

Crypto Community Reacts To The Ruling

Some crypto personalities have reacted to the recentcourt ruling against Storm. Jake Chervinsky, the chief legal officer at Variant Fund, said the ruling is an assault on the freedom of software developers" globally.

He believes that the judge's decision will make history as a twist of law and mockery of justice. Similarly, Amanda Tuminelli, the legal head at DeFi Education Fund, noted the misjudgment against developers.

She argued that developers should not account for any illegal action from third parties that use open-source software. Again, Tuminelli maintained that people and companies should be accountable and responsible for misusing platforms or tools for illicit activities.

In context, Tornado Cash is a crypto-mixing platform that enhances users' privacy in crypto transactions.However, the platform has become an easy gateway for criminals like North Korea's notorious Lazarus Group to conceal their tracks.

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