Court rejects links between the case of Samourai Wallet and dispute against Roman Storm of Tornado Cash

The judge in charge of the case validates the accusations of the Prosecutor’s Office, and therefore, discredits the defense application to access and present as evidence considerations made in the case against Samourai Wallet.

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• The Roman Storm developer did not get the Department of Justice reveal new documents.
• The judge concluded that there was no rule violation Brady on ex -pathepopathy tests.
• Therefore, the elements present in the case will not be reviewed against Samourai Wallet.
• Storm’s trial for operating a non -graduate money transmitter will begin in less than two months.

Katherine Polk Failla, federal judge in charge of the case against the developer of Tornado Cash, Roman storm, rejected the appeal introduced by the defense to consider aspects of the dispute that involves Samourai Wallet, which sought elements that could be used for legal strategy.

Rejected defense motion

According to several published reports, the judge granted the benefit to the prosecutors of the case, who considered that the dispute of Samourai Wallet It was irrelevant given the situation and charges against Storm. Recall that the defense argued that there could be key elements linked to a conversation between the Department of Justice (DOJ) and the Financial Crime Control Network (FINCEN)specifically related to cryptocurrency mixers and their legal status.

Storm’s legal team pointed out that, in that case, this issue had been discussed with FINCEN. However, prosecutors in charge of litigation against Tornado cash They assured that they did not have that conversation and that there was no obligation to disseminate materials that were not exculpic.

“I will not demand an additional review based on the representations made that there is no more material of this type, and in my opinion I do not believe that the material was exculpatory,” Judge Failla said. He also clarified that an important difference exists between what would be desirable for the defense to know and what the Supreme Court Define as violation Brady: The omission of tests that can directly help the accused.

If such a violation has been confirmed, the course of the trial could have been significantly altered.

Defense insists: Who should he register with?

During the hearing, defense lawyer Brian Klein insisted on the need to know when prosecutors knew the dialogue with FINCEN. The accusation against Storm It is based on the fact that a transmitter of money without a license operated, but the defense questions which entity should register Tornado Cash, If it is not clear what the competent authority is in these cases.

“They will argue that it is a conspiracy to operate a business transmission business without a license,” Klein said. “The question is: Who were they supposed to be licensed?”

The argument points to regulatory gaps and ambiguity about jurisdiction in decentralized financial services.

Thane Rehn, prosecutor of the case and also part of the team that prosecuted Sam Bankman-Fried, for his part, clarified that he will not be raised in the trial that Tornado cash I had to obtain a license.

“The word ‘license’ does not apply here and the jury will not receive instructions on licensing issues,” Rehn pointed out. “What we planned to prove is that the defendant knew he was transmitting funds from criminal activities.”

This point is central: The case will not focus on regulatory compliance but on the knowledge and participation of Storm in illegal transactions.

Changes in the theories of the case, under judicial warning

Judge Failla also requested clarity on whether the Prosecutor’s Office plans to change other theories or charges before trial, which will begin in less than two months. He warned that making last -minute changes could be considered unfair to defense, which needs time to prepare its strategy.

This trial is emerging as a key case for the future of open source software developers and their possible criminal responsibility for the use of their tools, especially in the crypto world.

Tornado cash It is a decentralized protocol that allows hiding the origin of funds on the network Ethereum, providing anonymity with its users. Was sanctioned by the US Treasury Department In 2022, being linked to the Washing of G fundsRupo lazarus, Hackers organization with links to the North Korean government.

Storm’s defense, however, insists that creating a protocol is not the same as controlling its use. The result of the trial could sit down a fundamental precedent for the development of free software related to blockchain.

Written article with the help of an AI content editor, edited by Angel Di Matteo / Diariobitcoin

Original image of Diariobitcoin, created with artificial intelligence, for free use, licensed under public domain

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