TLDR
- DOJ said the Supreme Court’s Cox ruling does not match Roman Storm’s case.
- Prosecutors said Storm failed to take real steps to stop illegal use of Tornado Cash.
- Storm was convicted on one money transmitting count in August 2025.
- Prosecutors asked the court to set a retrial on two unresolved charges for October 2026.
Roman Storm’s effort to weaken the case against him met new resistance on Tuesday. U.S. prosecutors asked the court to reject his latest filing and keep the charges in place.
The dispute centers on a recent Supreme Court ruling in the Cox case. Storm’s lawyers said that ruling could help his dismissal request. The Justice Department said the ruling does not fit this case.
DOJ says Cox ruling does not match Storm case
Federal prosecutors filed a letter on April 8, 2026, in response to Storm’s latest argument. They said the Cox ruling was “inapposite” to the facts here. They asked Judge Katherine Polk Failla not to rely on it.
Storm’s lawyers had pointed to the Supreme Court’s March ruling in a copyright case involving internet provider Cox. They argued that the decision could support their motion to dismiss. The defense said the court should consider that ruling before moving ahead.
Prosecutors rejected that view and drew a sharp line between the two matters. They said Storm’s conduct “bears no resemblance to the conduct at issue in Cox.” They told the court that the legal and factual records are different.
Prosecutors focus on Tornado Cash controls and conduct
The government said Cox had strong tools to address known abuse by users. Prosecutors said Tornado Cash did not take similar action. They argued that Storm and others chose not to use workable steps.
In the filing, prosecutors said Storm misled victims who asked about his control over the platform. They wrote that he claimed limited control over the protocol. They said he and others made more than 250 changes during the charged period.
The letter also said the team discussed ways to reduce criminal use but did not act. Prosecutors wrote that his response was “window dressing at best and outright misdirection at worst.” They added that it was unlike Cox’s “robust and 98% effective mechanism.”
Case history and unresolved counts remain central
Storm, a co-founder of Tornado Cash, faces claims that the service helped launder more than $1 billion. In August 2025, a jury convicted him on one money transmitting count. The jury did not reach verdicts on money laundering and sanctions evasion charges.
That split verdict left two counts unresolved, and the case did not end. Last month, prosecutors asked for a retrial on those charges. They proposed a start date in October 2026, according to a court filing.
The new exchange matters because it shapes the road to that retrial. Storm’s team is still trying to narrow or remove parts of the case. The government is trying to keep the remaining charges alive.
Crypto industry watches the next court steps
Storm’s prosecution has drawn attention across the digital asset sector. Some crypto figures have backed him in public. They argue that writing code should not itself lead to criminal charges.
Ethereum co-founder Vitalik Buterin voiced support for Storm earlier this year. He wrote, “”I am a believer in privacy and an active user of privacy tools.”” He also praised the lasting use of Storm’s software.
The Justice Department has taken a different line on similar services. In August 2025, Criminal Division official Matthew J. Galeotti said, “”writing code”” is not a crime. He added that DOJ will still prosecute people who knowingly aid fraud, money laundering, or sanctions evasion.
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