Trial of Tornado Cash Founder Roman Storm: Prosecutors Seek to Limit Privacy Discussions

By [Author Name]
[Date]

The U.S. government is attempting to restrict discussions about privacy rights during the criminal trial of Tornado Cash co-founder Roman Storm. Prosecutors have asked a judge to bar Storm’s attorneys and witnesses from mentioning “privacy rights,” fearing such arguments could sway jurors.

Judge Allows Limited Testimony

Barring Storm from testifying, prosecutors argued that only the defendant could discuss his own motivations. They stressed that jurors consider his intent at the time of Tornado Cash’s creation.

“Privacy rights, I understand those aren’t being discussed,” stated Judge Katherine Polk Failla. “If he testifies, Mr. Storm can discuss his beliefs about the importance of privacy.”

Prosecutor Motion

In a filing on Wednesday, prosecutors sought to prohibit any evidence or testimony exploring “the need for financial privacy.” They aim to exclude claims about victims’ alleged negligence or Tornado Cash’s utility for purportedly lawful purposes.

“Storm plainly suggested to the jury that his conduct should be protected by privacy rights… in no way limited or tied the argument to his state of mind,” the prosecution’s filing contended.

Defense Concerns

Roman Storm’s legal team aims to present Professor Matthew Green, a noted cryptography expert. His testimony is expected to highlight the risks crypto users face due to blockchain transparency, an argument prosecutors are calling “irrelevant and inflammatory.”

Defendant’s attorneys insist they “must be permitted to present evidence and arguments regarding the many legitimate needs for privacy,” distinguishing privacy motives from criminal intent.

Citing Judge Failla’s previous comments during voir dire, the defense noted the judge’s apparent openness to discussing “why people might like privacy,” arguing for similar latitude.

Roman Storm is charged with conspiracy, money laundering conspiracy, operating an unlicensed money transmitting business, and violating U.S. sanctions. His pre-trial detention hearing, underscored Tuesday by defense counsel highlighting Tornado Cash’s mainstream privacy appeal, continues until August 7, with the trial itself set to last three weeks.

Summary: The trial of Tornado Cash co-founder Roman Storm highlights a critical conflict: the government seeks to shield jury deliberations from privacy arguments, viewing them as irrelevant or prejudicial; the defense argues this unfairly prevents the presentation of its case regarding legitimate privacy needs. The judge’s role will be crucial in balancing these competing interests.