# Defend Coding Freedom – Support Roman Storm! #FreeRomanStorm Source: https://freeromanstorm.com Kiwi News: https://news.kiwistand.com/stories/Defend-Coding-Freedom-Support-Roman-Storm-FreeRomanStorm?index=0x68599b382a7d2f2d2f22c5f1e033003009961142e23ead9356c2e75c6a5e9c7015035067 Submitted by misha on 2025-06-23 UTC, 6 upvotes, 0 comments ## Summary Roman Storm, co-founder of the privacy protocol Tornado Cash, faces charges from the Southern District of New York, and a campaign page argues the case threatens software developers. After an August 2025 trial, a jury convicted Storm on the unlicensed money transmitting count and deadlocked on the money laundering and sanctions counts. Storm's team has moved for acquittal, and Judge Failla heard arguments on April 9, 2026, with a ruling still pending. The page's timeline lists a retrial beginning April 26, 2027. ## Article Free Roman Storm #FreeRomanStorm #FreeRomanStorm Roman Storm, co-founder of the privacy protocol Tornado Cash, was arrested on August 23, 2023, and charged by the U.S. Attorney’s Office for the Southern District of New York with conspiracy to commit money laundering, operate an unlicensed money transmitting business, and violate sanctions. The prosecution alleges his open-source code facilitated over $1 billion in illicit transactions but has raised profound concerns about criminalizing software development, free speech, and privacy in decentralized systems. In August 2025, after a federal trial, a jury returned a partial verdict: guilty on the unlicensed money transmitting count (up to 5 years), with hung juries on the money laundering and sanctions counts (each up to 20 years). Post-trial, Storm’s team moved for acquittal in October 2025; the DOJ opposed in November, pushing for a 2026 retrial on the deadlocked charges. As of January 2026, the motion remains pending, an appeal is anticipated, and the fight for developer rights and DeFi’s future continues-strengthened by community support, including the Ethereum Foundation’s successful $750K matching campaign that drove total defense funds over $5 million. Help Roman win this fight - donate towards the legal costs, or lend your voice with a public letter of support. Your influence can turn the tide for DeFi’s future! Until the Second Trial: 0 days Legal defense fund support in 2026 Donate Write a Support LetterYour Voice Matters! Share your support for Roman Storm and his fight for software freedom. Together, we can make a difference in the fight for justice. Write a Letter Congress Must Act: Storm Case Could Rewrite Digital Asset Law Your browser does not support HTML5 video. Tech industry, blockchain organizations, and legal experts urge Congress to address the U.S. Department of Justice’s (DOJ) misapplication of 18 U.S.C. § 1960 to software developers like Roman Storm. Clarify Regulatory Boundaries: The DOJ’s interpretation of § 1960 conflicts with FinCEN’s 2019 Guidance , which excludes non-custodial software developers (who lack control over user funds) from being classified as «money transmitters.» This creates legal ambiguity, jeopardizing developers who act in good faith under existing rules. Legal Precedent Gap: No court has ever supported the DOJ’s novel interpretation of § 1960. Prosecuting Storm under this untested theory risks criminalizing code development itself, threatening innovation in blockchain and beyond. Every like and share gives Roman Storm a louder voice! Your engagement helps spread the word. Visibility is power— and your support on YouTube shows the world Roman Storm's story can't be silenced. Give a like & share on YouTube! #FreeRomanStorm play Who is Roman Storm? With a strong background in software development and blockchain technology, Roman Storm has been a leading innovator and vocal advocate for privacy in the blockchain ecosystem. Storm’s work has made significant contributions to ongoing discussions about the balance between privacy and regulatory compliance in the evolving landscape of cryptocurrencies. Despite facing criminal charges, Storm is committed to challenging the Southern District of New York prosecutors’ unprecedented and overly expansive theories of criminal liability and advancing the principles of decentralization and personal privacy. Help Roman in his fight against the criminalization of software development and join him in standing up for the right to privacy! Your chance to help! Lobby the Trump administration to #FreeRomanStorm Share and Like We have support from Allegations The prosecution of Roman Storm, begun under the Biden administration, has already had a chilling effect on software developers and the Southern District of New York prosecutors’ pursuit of the following three charges will set a dangerous precedent for the crypto and software industries. Unlicensed Money Transmitting Longstanding FinCEN guidance reflects the FinTech industry’s understanding that the exercise of control over crypto assets is the key factor in determining whether a money transmitting business exists. The prosecutors’ unprecedented theory in this case dispenses with this control requirement, meaning any software developer or wallet provider could be required to register as a money services business and be subject to U.S. government regulations (or face criminal penalties). Money Laundering To be guilty of money laundering, the defendant must have specific knowledge that a financial transaction includes proceeds of certain specified unlawful activity, and specific intent to further that criminal transaction. In Roman’s case, the prosecutors are arguing here that this requirement can be satisfied even where a developer has no participation in a criminal transaction but simply cannot stop a criminal actor from misusing the immutable, open-source software the developer built and deployed to the blockchain. If successful, such a theory would considerably increase the legal risks associated with the development of DeFi applications, which inherently depend on immutability and openness. Sanctions Evasion Criminal violations of sanctions laws are limited to cases where a defendant “willfully” chooses to do business with a sanctioned person or entity. At no time did Roman have any communications with illicit actors who allegedly used Tornado Cash or take any steps to facilitate their use of the protocol. The government’s theory effectively dispenses with the “willful” requirement and creates strict liability under sanctions regulations for anyone in the DeFi industry. How Roman Storm’s Case Will Affect Software Industry? DOJ determined to set a precedent Tornado Cash is an open source software protocol that uses smart contracts and a cryptographic method known as zero-knowledge proofs to enable users to conduct private transactions on the blockchain. Neither Roman Storm, nor any other person has the ability to stop or modify this immutable, unstoppable protocol.. In this context, Tornado Cash operates much like the Bitcoin or Ethereum network. The prosecution of Roman Storm by the Southern District of New York (SDNY) in *U.S. v. Storm* for his role in developing Tornado Cash will set a chilling precedent for the crypto industry by holding developers liable for how third parties use their open-source code. The case hinges on allegations that Storm violated 18 U.S.C. § 1960 by operating an unlicensed money-transmitting business, despite Tornado Cash being a non-custodial protocol where users retain full control of their funds, challenging the applicability of Section 1960 to decentralized software. The money laundering conspiracy charge raises concerns about whether developers can be criminally accountable for the actions of bad actors, like North Korea’s Lazarus Group, who used Tornado Cash to obscure illicit transactions. A conviction could deter innovation by discouraging developers from creating privacy-focused tools, fearing prosecution for misuse beyond their control, while an acquittal might affirm that writing open-source code is protected speech under the First Amendment. The outcome will likely shape the legal boundaries of developer liability and the future of decentralized finance (DeFi), impacting how regulators approach immutable protocols. Timeline Apr 26, 2027 Retrial begins Roman Storm’s retrial begins in Manhattan federal court. Apr 20, 2027 Final pretrial conference Final pretrial conference scheduled ahead of the upcoming retrial. Apr 9, 2026 Acquittal hearing Judge Failla heard oral arguments on Roman Storm’s motion for judgment of acquittal. A ruling remains pending. Dec 12, 2025 Roman Storm's legal team files a Reply to the Government’s Opposition to Motion for Acquittal Acquittal on All Counts: The government failed to prove venue in New York. No "Business": Tornado Cash was a non-custodial software tool, not a "money transmitting business," as the founders never had custody or control of user funds. Free Speech: The prosecution violates the First Amendment by attempting to criminalize the publication of code. No Service to Sanctioned Entities: Storm did not provide "services" to the Lazarus Group; he provided a tool (software) available to the public, which sanctioned entities misused without his coordination. Nov 13, 2025 DOJ Response to Acquittal Motion Prosecutors filed a 113-page brief opposing the acquittal motion and seeking to retry Roman on the deadlocked counts in 2026. Oct 1, 2025 Post-Trial Motion for Acquittal Filed Roman’s legal team filed a post-trial motion for acquittal, arguing the government relied on negligence rather than intent. Aug 21, 2025 DOJ Criminal Division Statement Matthew Galeotti, head of the DOJ’s Criminal Division, stated developers lacking «ill-intent» shouldn’t face prosecution and that merely writing code isn’t criminal. Aug 6, 2025 Trial concludes with split verdict The trial concluded with a split verdict. Roman was convicted on conspiracy to operate an unlicensed money-transmitting business, but the jury deadlocked on the two most serious charges: conspiracy to commit money laundering and conspiracy to violate sanctions. Jul 14, 2025 Trial begins in Manhattan federal court May 15, 2025 DOJ Drops Federal Registration Charge The DOJ dropped its unlicensed money transmission theory (federal registration charge) but continued pursuing the case. May 5, 2025 Separate SDNY Case Reveals FinCEN Officials' Views Contradict Prosecutors' In a separate SDNY case involving a mixer, prosecutors belatedly disclosed that FinCEN officials stated that «FinCEN guidance has generally focused on custody of cryptocurrency in the question of determining whether an entity is acting as a [money transmitting business]» and where a protocol «does not take ‘custody’ of the cryptocurrency by possessing the private keys to any addresses where the cryptocurrency is stored, that would strongly suggest that [the protocol] is NOT acting as an MSB.» This is consistent with Roman’s understanding and that of the industry and undermines the SDNY’s position that custody or control is not required to act as a money transmitting business. Read more Apr 7, 2025 DOJ Issues Memo re: "Ending Regulation By Prosecution" The memo, issued by Deputy Attorney General Todd Blanche, states that the DOJ «is not a digital assets regulator» and acknowledged that «the Biden Administration created a particularly uncertain regulatory environment around digital assets.» Per the memo, DOJ «will no longer target virtual currency exchanges, mixing and tumbling services, and offline wallets for the acts of their end users or unwitting violations of regulations.» Nevertheless, the SDNY prosectors are still pursuing their case against Roman. Mar 21, 2025 Tornado Cash sanctions removed Treasury Department lifts Biden-era sanctions on Tornado Cash, following the Van Loon appellate court ruling that deemed the sanctions an overreach of government authority. Read more Feb 19, 2025 Roman’s motion for reconsideration is denied by the district court The district court denies Roman’s motion to reconsider, stating that «Van Loon does not require dismissal because it does not bear on the charged conduct. Jan 29, 2025 EFF files amicus brief in support of Roman The Electronic Frontier Foundation (EFF) files an amicus brief supporting Roman Storm’s motion to reconsider the denied motion to dismiss in light of the Fifth Circuit’s decision in Van Loon. Dec 18, 2024 Roman files motion to reconsider dismissal Relying on the Fifth Circuit’s findings in Van Loon that Tornado Cash is an immutable set of smart contracts, Roman’s defense team files a motion to reconsider the denial of his prior motion to dismiss the criminal charges. Nov 26, 2024 Van Loon plaintiffs win their appeal Van Loon plaintiffs succeed in their appeal. The Fifth Circuit rules that OFAC exceeded its authority by sanctioning Tornado Cash’s immutable smart contracts. Sep 26, 2024 The district court denies Roman’s motion to dismiss The district court denies Roman’s motion to dismiss, allowing the case to proceed to trial. Apr 5, 2024 Amicus briefs filed in support of Roman Amicus briefs are filed by the DeFi Education Fund, Coin Center, and Blockchain Association in support of Roman’s motion to dismiss the charges against him. Mar 29, 2024 Roman files motion to dismiss charges Roman Storm files a motion to dismiss the charges against him, arguing that the government’s theories of liability fail to allege violations of the relevant criminal statutes. Oct 30, 2023 Coin Center loses lawsuit Coin Center loses its lawsuit against the Department of Treasury over sanctions on Tornado Cash. Sep 20, 2023 Van Loon plaintiffs file an appeal The plaintiffs in Van Loon files an appeal with the U.S. Court of Appeals for the Fifth Circuit, challenging the district court’s decision Aug 23, 2023 Roman arrested Roman is arrested by armed FBI agents executing a search warrant on his home in Washington at 6am, handcuffing him in front of his 3-year old daughter. He is charged with three counts of conspiracy. The case is assigned to Judge Katherine Polk Failla of the Southern District of New York. Aug 17, 2023 District Court rules against plaintiffs in Van Loon The U.S. District Court for the Western District of Texas rules against the plaintiffs in Van Loon, siding with the Department of the Treasury and upholding the sanctions on Tornado Cash. Nov 2022 Roman Storm voluntarily speaks with government authorities Roman voluntarily gives an interview with the DOJ, FBI, and IRS-CI. Oct 12, 2022 Coin Center sues to challenge Tornado Cash sanctions Coin Center sues the Department of Treasury challenging the imposition of sanctions on the Tornado Cash protocol, alleging that OFAC «exceeded its statutory authority» in sanctioning Tornado Cash (Coin Center v. Yellen). Sep 8, 2022 Plaintiffs file lawsuit challenging Tornado Cash sanctions A group of plaintiffs who have utilized Tornado Cash for legitimate purposes files a lawsuit against the Department of Treasury and OFAC over the designation of Tornado Cash by OFAC (Van Loon v. Dep’t of Treasury). Aug 8, 2022 OFAC sanctions Tornado Cash OFAC sanctions Tornado Cash, citing alleged use by North Korean Lazarus Group and other illicit actors actors