The lawyers of the Tornado -Cash developer Roman Storm submitted an application during which the court was asked to rethink the appliance for dismissal of the case, for the reason that law enforcement provides relieving evidence in the shape of communication with the fincen (fincen) of Financial Crimes Network (fincen).
According to a letter from Storm's lawyers to guage Katherine Polk Failla on May 16, the fincen documents show that non-customer-specific crypto mixers don’t fall under the legal definition of a “money transfer company” and that the prosecutors have known this since at the least 2023.
Despite the knowledge of the FinCen guidelines via Krypto mixer, the general public prosecutor still drove with cases against the Samourai letter pocket developers and tornado bargain, the lawyers claimed.
Letter sent to the Failla by Roman Storm's lawyers. Source: Hof listener
The US Prosecutor's Office denied the evidence and claimed that they’d submitted the FinCen communication inside the desired timeframe to submit the documents for defense and the court throughout the legal discovery.
The defense of Storm cited the identical legal documents and the identical argument that the lawyers of the Samourai letter developer presented to the court in a legal letter on May 5. Storm's lawyers wrote:
“The disclosures within the Samourai case show that the federal government played at the least quickly and simply and, within the worst case, affirmed that this court reacted with its arguments about fincen instructions when answering applications for dismissal and the enforcement of the invention.”
The letter continued to argue that the federal government, even though it continues to say that the cases only bear “superficial similarities”, share the important thing features of cryptocurrency mixers in line with the law, which makes the fincen documents essential to dismiss the case against storm.
The trial against Roman Storm is unlawful despite sanctions against Tornado
The federal judge Robert Pitman issued a choice on April 28 during which the Office for Foreign Assets (OFAC) refused to re-carry sanctions against tornado bargain, which represents a legal precedent for non-customer-specific mixer cases.
Nevertheless, the US public prosecutors still progressed the case against Sturm, although the indictment was modified.
