Roman Storm, co-founder of the crypto mixer Tornado Cash, may seek a delay in his upcoming criminal trial if the court allows a controversial government witness to testify. Storm's legal team has filed a motion to exclude the witness, described as "the claimed perpetrator of an alleged hack who allegedly used Tornado Cash". The defense argues that the prosecution disclosed the witness after the key disclosure deadline, and their testimony could unfairly prejudice the jury, potentially misleading them into associating Storm with the hack.
In a filing with the U.S. District Court for the Southern District of New York (SDNY), Storm's lawyers stated that the testimony is "likely to evoke an angry response" from jurors, which would likely spill over to Storm. They argue that this testimony could confuse jurors into believing Storm was involved in the hack or intended to facilitate it, which they assert is not true. If the judge denies the motion to exclude the witness, Storm's lawyers reserve the right to request a brief continuance. A decision on the witness motions is expected by Friday.
Storm's trial is scheduled to begin with jury selection on Monday, nearly two years after his indictment on charges of money laundering, operating an unlicensed money transmitting business, and violating U.S. sanctions. The case stems from the Treasury Department's sanctioning of Tornado Cash in 2022, alleging that it helped North Korea's Lazarus Group launder hundreds of millions of dollars in stolen crypto. Storm is one of three Tornado Cash developers named in the case.
Prosecutors have painted the unnamed witness as a victim in the case, arguing that their testimony is relevant. Interim U.S. attorney Jay Clayton filed a response earlier this week, pushing back on the defense's attempts to limit the witness list.
In a post on X last month, Storm expressed his concerns about the case, stating that "SDNY is trying to crush me, blocking every expert witness. If I lose, DeFi dies with me". Storm was indicted in 2023 on charges of conspiracy to commit money laundering, operating an unlicensed money transmitter, and violating U.S. sanctions.
