Southern District of New York Judge Catherine Polk Failla has denied Tornado Cash crypto mixer co-founder Roman Storm’s request to dismiss the case, and his trial will begin on December 2. According to DeFi Education Fund General Counsel Amanda Tuminelli, the defense failed to convince the judge to drop the criminal prosecution.
Storm’s lawyers had previously tried to delay the case, citing complex issues and the sheer volume of materials, but their request was denied. Storm’s claim that his activities as a software developer are protected by the First Amendment of the US Constitution was also ignored. The judge said the code does not fall under the amendment.
Tornado Cash was sanctioned in August 2022 for facilitating the laundering of more than $7 billion in cryptocurrency, some of which was linked to the North Korean hacker group Lazarus. The mixer’s co-founders, including Storm and Roman Semenov, are also charged with money laundering and violating sanctions. Storm is out on bail and denies his guilt, while Semenov is free but under sanctions.