Judge Denies Review of DOJ Records in Tornado Cash Case

A federal judge overseeing the prosecution of Roman Storm has declined to order the Department of Justice (DOJ) to review its records for any materials that might assist the Tornado Cash developer. This decision came at the end of a 30-minute hearing, where Judge Katherine Polk Failla expressed confidence in the government's handling of disclosure issues.

The judge ruled that there were no concerns of a Brady violation with the DOJ's conversations with the Financial Crimes Enforcement Network (FinCEN) regarding whether mixers needed to register as money transmitters. This conversation was relevant to the prosecution of Samourai Wallet developers but not to Storm's case. The judge's decision indicates that she does not believe the material in question was exculpatory, and thus, no further review was necessary.

Storm's defense attorneys had argued that they needed to know when the prosecutors in their case learned about the FinCEN conversation. Defense attorney Brian Klein questioned the necessity of licensing for Tornado Cash, given the charges of operating an unlicensed money transmitter. Prosecutor Thane Rehn clarified that the word "license" does not apply in this context, and the jury would not be instructed on licensing issues. Instead, the prosecution intends to prove that Storm knew he was transmitting funds derived from criminal activities.

The judge also inquired about any potential changes to theories or charges in the weeks leading up to the trial, which is scheduled to begin in less than two months. This concern was raised to ensure fairness to the defense, as any last-minute changes could be seen as unfair.

The judge's decision not to order a review of records reflects a balance between the need for thorough investigation and the importance of maintaining the integrity of the legal process. This ruling underscores the judicial system's trust in the DOJ's procedures and ensures that the legal process remains fair and transparent. The decision is likely to set a precedent for how the judicial system will handle requests for record reviews in high-stakes investigations, particularly those involving complex charges and international implications.