Tornado Cash Trial Concludes: Roman Storm Guilty Verdict Rocks Crypto Privacy Debate

The Tornado Cash trial, involving co-founder Roman Storm, carried significant implications for developers of noncustodial Bitcoin and crypto technology, as well as privacy-preserving software. Amanda Tuminelli, executive director and chief legal officer for the DeFi Education Fund, provided expert insight into the high-stakes nature of the proceedings, particularly regarding the charges levied against Storm.
Before the verdict, Tuminelli detailed the three charges against Storm, deeply analyzing the charge of conspiracy to operate an unlicensed money transmitting business. As an expert on 18 U.S. Code § 1960, the federal law prohibiting the operation of an unlicensed money transmitting business, she argued that Storm had not violated this statute in creating and operating Tornado Cash, an Ethereum-based crypto mixing service. Tuminelli also highlighted the CLARITY Act and the Blockchain Regulatory Certainty Act (BRCA), which aim to protect developers of non-controlling (noncustodial) crypto technology from needing money transmitting licenses or being subject to existing money transmission laws. Additionally, she expressed concerns that the Department of Justice's (DoJ) shift away from 2019 FinCEN guidance could stifle innovation and lead to continued prosecution of developers like Storm, despite an April memo from U.S. Deputy Attorney General Todd Blanche indicating a halt to targeting crypto entities, including mixing services.
On August 6, 2025, the Tornado Cash trial concluded in the Southern District of New York (SDNY), with Roman Storm found guilty on one count: conspiracy to operate an unlicensed money transmitting business. The jury did not reach a unanimous verdict on the other two charges, which were conspiracy to commit money laundering and conspiracy to violate sanctions. This guilty verdict, reached after three and a half days of deliberation, now subjects Storm to a potential prison sentence of up to five years.
Following the verdict, the prosecution motioned to remand Storm into custody, asserting he was a flight risk. However, Judge Failla rejected this motion. The defense, led by Ms. Klein, successfully argued against the claim by highlighting Storm's strong ties to the United States, including his Washington state home tied to a $2 million bail bond, his daughter and girlfriend residing in the U.S., his parents being green card holders, and significant support from the U.S.-based crypto community. Judge Failla noted that the
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