Roman Storm, co-founder of the cryptocurrency mixer Tornado Cash, may see a delay in any potential retrial following a court-approved extension to procedural deadlines. Judge Katherine Failla of the U.S. District Court for the Southern District of New York (SDNY) approved a schedule agreed upon by Storm's legal team and U.S. prosecutors, which pushes the start of any possible retrial further into 2025.
This decision comes after a mixed verdict was reached on August 6, 2025, where the jury found Storm guilty on one count of conspiracy to operate an unlicensed money-transmitting business. However, the jury was unable to reach a consensus on the more serious charges of conspiracy to commit money laundering and conspiracy to violate U.S. sanctions. Prosecutors have not yet indicated whether they intend to retry Storm on these remaining charges.
Judge Failla stated that the extension, lasting until December 18, 2025, would serve the "ends of justice". She reasoned that the defense needed adequate time to consider and prepare post-trial motions, outweighing the public and the defendant's interest in a speedy retrial. The 70-day deadline following the initial trial for scheduling any retrial will likely be pushed back as a result.
Tornado Cash, established in 2019 by Storm, Alexey Pertsev, and Roman Semenov, is a cryptocurrency mixer designed to obscure the origins of digital funds. The platform quickly attracted regulatory scrutiny, particularly in the U.S., due to concerns over its potential use in money laundering. The U.S. government sanctioned Tornado Cash and later delisted it in March.
Storm was arrested in the U.S. in 2024, a year after Pertsev's arrest in the Netherlands. Semenov remains at large and is on the Federal Bureau of Investigation's most wanted list.
The case has sparked debate within the cryptocurrency community, with many arguing that the conviction of Storm could set a concerning precedent for open-source software developers. Critics argue that developers should not be held liable for how their software is used by others. The Blockchain Association stated that the verdict "fundamentally misapplies money transmitter laws" and could "criminalize developers of browsers, messaging apps, or any software misused by bad actors, seriously threatening America's leadership in tech".
Prosecutors argued that Storm was aware of Tornado Cash's illegal applications and knowingly profited from them. The defense countered that Storm did not intend for the platform to be used for criminal purposes and that his reaction to the Lazarus Group's exploitation of Tornado Cash was one of frustration.
Following the initial verdict, Storm was allowed to remain free on bail pending sentencing, with the court denying the prosecution's request to remand him into custody. Judge Failla cited Storm's strong ties to the U.S. and the ongoing legal process as reasons for her decision, concluding he was not a flight risk.
The Ethereum Foundation has pledged to match up to $500,000 in community donations to support Storm's legal defense, aiming to raise $1.5 million for his appeal. This follows earlier financial support from the foundation, highlighting the crypto community's concern over the implications of the case.
