US Attorney Jay Clayton has sharply criticized Tornado Cash co-founder Roman Storm’s motion for acquittal in a new court filing. Clayton dismissed Storm’s defense arguments as “window dressing at best,” rejecting the use of a civil copyright case to defend against criminal conspiracy charges related to money laundering and sanctions violations. The legal battle continues as prosecutors seek a retrial on two deadlocked counts.
The US Attorney for the Southern District of New York, Jay Clayton, has filed a response opposing Roman Storm’s motion for acquittal. In the filing, Clayton stated that Storm’s arguments were “window dressing at best and outright misdirection at worst.”
Storm’s legal team recently indicated it would reference a Supreme Court copyright case, Cox Communications, Inc. v. Sony Music Entertainment, in its defense. Clayton argued that this civil case has no relevance to the criminal charges against the Tornado Cash co-founder.
He stated the defendant’s conduct “bears no resemblance” to the Cox case. Clayton further asserted there was no evidence Storm implemented effective anti-money-laundering measures.
A jury convicted Storm last August on one conspiracy charge but deadlocked on two others. Prosecutors are now seeking a retrial for the deadlocked counts of conspiracy to commit money laundering and violate sanctions.
The case is being closely watched for its implications on developer liability. Legal teams are scheduled to meet to discuss the proceedings.
In a separate development, Todd Blanche was named acting Attorney General last week. Blanche previously authored a memo calling for an end to “regulation by prosecution.”
That memo stated the Department of Justice will not pursue actions against platforms used by criminal enterprises. Storm cited this policy in a March social media post after prosecutors moved for a retrial.
It remains unclear how Blanche’s appointment will affect the case. Clayton has requested an October retrial date, but none has been officially set.
