Tornado Cash Co-Founder Storm Faces Prejudicial Witness Testimony

Attorneys for Roman Storm, the co-founder and developer of Tornado Cash, have indicated that they may request a brief continuance for his criminal trial if a judge denies their motion to exclude a specific witness. The witness in question is alleged to be the perpetrator of a hack that utilized Tornado Cash. Storm's legal team argues that the witness's testimony could be highly prejudicial, as it could mislead jurors into believing that Storm was involved in the hack, which they assert is not true. They also warn that the testimony could evoke an angry response from jurors, potentially affecting their impartiality towards Storm.

The legal team's filing in the US District Court for the Southern District of New York emphasizes the potential for unfair prejudice, stating that the witness's testimony could confuse and mislead the jury. They have requested that the court exclude the witness, and if the motion is denied, they reserve the right to ask for a continuance of the trial date. The court is expected to rule on the motions by Friday, ahead of the trial's start date.

The trial is scheduled to begin with jury selection on Monday, roughly two years after Storm was indicted on charges of money laundering, conspiracy to operate an unlicensed money transmitter, and conspiracy to violate US sanctions. The defense's request for a continuance, if granted, could delay the proceedings. The outcome of the trial is significant not only for Storm but also for the broader crypto industry, as many figures have expressed support for him, arguing that developing the code for the mixing service was not a criminal act.

Since Storm's indictment, prominent figures in the crypto industry, including Paradigm founder Matt Huang and Ethereum co-founder Vitalik Buterin, have contributed to his legal fund. The Ethereum Foundation and others have also shown support, highlighting the industry's stance on the legality of developing mixing services. The case has drawn parallels to the situation of Alexey Pertsev, another Tornado Cash co-founder who was arrested, tried, and sentenced to more than five years in prison in the Netherlands for money laundering related to the mixing service. Pertsev's case has been closely watched by the crypto community, and his conviction has raised concerns about the legal treatment of developers in the industry.

The defense's motion to exclude the witness and the potential for a continuance add layers of complexity to an already high-stakes trial. The court's decision on the motions will be crucial in determining the course of the proceedings and the potential impact on the broader crypto industry. As the trial approaches, the legal community and industry stakeholders will be closely monitoring the developments, with the outcome likely to set a precedent for future cases involving crypto developers and mixing services.