Free
Roman
Storm
#FreeRomanStorm
On August 23, 2023, Roman Storm was arrested in an early morning raid at his home in the Seattle area. The U.S. Attorney’s Office for the Southern District of New York’s prosecution of Roman, begun under the Biden Administration and its war on crypto, threatens to set a dangerous precedent for open-source software developers, free speech, and privacy in decentralized systems.
Southern District of New York prosecutors have charged Roman with conspiracy to operate an unlicensed money transmitter, conspiracy to launder money, and conspiracy to evade sanctions, all stemming from his role in developing Tornado Cash, an open-source privacy protocol. If convicted, Roman could face up to 45 years in prison.
Trial is set to begin on April 14, 2025 in a federal courthouse in Manhattan.
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Who is Roman Storm?
With a strong background in software development and blockchain technology, Roman Storm has been a leading innovator and vocal advocate for privacy in the blockchain ecosystem. Storm’s work has made significant contributions to ongoing discussions about the balance between privacy and regulatory compliance in the evolving landscape of cryptocurrencies.
Despite facing criminal charges, Storm is committed to challenging the Southern District of New York prosecutors’ unprecedented and overly expansive theories of criminal liability and advancing the principles of decentralization and personal privacy.
Help Roman in his flight against the criminalization of software development and join him in standing up for the right to privacy!
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Allegations
The prosecution of Roman Storm, begun under the Biden administration, has already had a chilling effect on software developers and the Southern District of New York prosecutors’ pursuit of the following three charges will set a dangerous precedent for the crypto and software industries.Unlicensed Money Transmitting
Longstanding FinCEN guidance reflects the FinTech industry’s understanding that the exercise of control over crypto assets is the key factor in determining whether a money transmitting business exists. The prosecutors’ unprecedented theory in this case dispenses with this control requirement, meaning any software developer or wallet provider could be required to register as a money services business and be subject to U.S. government regulations (or face criminal penalties).
Money Laundering
To be guilty of money laundering, the defendant must have specific knowledge that a financial transaction includes proceeds of certain specified unlawful activity, and specific intent to further that criminal transaction. In Roman’s case, the prosecutors are arguing here that this requirement can be satisfied even where a developer has no participation in a criminal transaction but simply cannot stop a criminal actor from misusing the immutable, open-source software the developer built and deployed to the blockchain. If successful, such a theory would considerably increase the legal risks associated with the development of DeFi applications, which inherently depend on immutability and openness.
Sanctions Evasion
Criminal violations of sanctions laws are limited to cases where a defendant “willfully” chooses to do business with a sanctioned person or entity. At no time did Roman have any communications with illicit actors who allegedly used Tornado Cash or take any steps to facilitate their use of the protocol. The government’s theory effectively dispenses with the “willful” requirement and creates strict liability under sanctions regulations for anyone in the DeFi industry.
Why is this important?
DOJ determined to set a precedent
Tornado Cash is an open-source, non-custodial immutable privacy protocol, which OFAC, in an unprecedented move, designated as an entity or person that can be sanctioned. OFAC’s designation has raised a number of legal issues that are the subject of ongoing litigation.
In late 2024, the Court of Appeals for the Fifth Circuit ruled that OFAC exceeded its authority in sanctioning Tornado Cash’s immutable smart contracts. Another case challenging OFAC’s authority to sanction Tornado Cash is pending in the Eleventh Circuit. in the meantime, however, Storm still faces criminal charges for his development of Tornado Cash — a battle that will determine the future of open-source innovation.
Time left until trial: 0 days
Timeline
- Aug 8, 2022
OFAC sanctions Tornado Cash
OFAC sanctions Tornado Cash, citing alleged use by North Korean Lazarus Group and other illicit actors actors
- Aug 10, 2022
Alexey Pertsev arrested in the Netherlands
Alexey Pertsev, co-founder of Tornado Cash, is arrested in the Netherlands for alleged money laundering under Dutch law, which unlike the U.S. applies a negligence standard.
- Sep 8, 2022
Plaintiffs file lawsuit challenging Tornado Cash sanctions
A group of plaintiffs who have utilized Tornado Cash for legitimate purposes files a lawsuit against the Department of Treasury and OFAC over the designation of Tornado Cash by OFAC (Van Loon v. Dep’t of Treasury).
- Oct 12, 2022
Coin Center sues to challenge Tornado Cash sanctions
Coin Center sues the Department of Treasury challenging the imposition of sanctions on the Tornado Cash protocol, alleging that OFAC «exceeded its statutory authority» in sanctioning Tornado Cash (Coin Center v. Yellen).
- Nov 2022
Roman Storm voluntarily speaks with government authorities
Roman voluntarily gives an interview with the DOJ, FBI, and IRS-CI.
- Aug 17, 2023
District Court rules against plaintiffs in Van Loon
The U.S. District Court for the Western District of Texas rules against the plaintiffs in Van Loon, siding with the Department of the Treasury and upholding the sanctions on Tornado Cash.
- Aug 23, 2023
Roman arrested
Roman is arrested by armed FBI agents executing a search warrant on his home in Washington at 6am, handcuffing him in front of his 3-year old daughter. He is charged with three counts of conspiracy. The case is assigned to Judge Katherine Polk Failla of the Southern District of New York.
- Sep 20, 2023
Van Loon plaintiffs file an appeal
The plaintiffs in Van Loon files an appeal with the U.S. Court of Appeals for the Fifth Circuit, challenging the district court’s decision
- Oct 30, 2023
Coin Center loses lawsuit
Coin Center loses its lawsuit against the Department of Treasury over sanctions on Tornado Cash.
- Mar 29, 2024
Roman files motion to dismiss charges
Roman Storm files a Roman files a motion to dismiss the charges against him, arguing that the government’s theories of liability fail to allege violations of the relevant criminal statutes.
- Apr 5, 2024
Amicus briefs filed in support of Roman
Amicus briefs are filed by the DeFi Education Fund, Coin Center, and Blockchain Association in support of Roman’s motion to dismiss the charges against him.
- May 14, 2024
Alexey Pertsev convicted in the Netherlands
Alexey Pertsev is convicted by a Dutch court of laundering $1.2 billion through Tornado Cash under a negligence theory and receives a max sentence of 64 months in prison.
- Sep 26, 2024
The district court denies Roman’s motion to dismiss
The district court denies Roman’s motion to dismiss, allowing the case to proceed to trial. An SDNY judge.
- Nov 26, 2024
Van Loon plaintiffs win their appeal
Van Loon plaintiffs succeed in their appeal. The Fifth Circuit rules that OFAC exceeded its authority by sanctioning Tornado Cash’s immutable smart contracts.
- Dec 18, 2024
Roman files motion to reconsider dismissal
Relying on the Fifth Circuit’s findings in Van Loon that Tornado Cash is an immutable set of smart contracts, Roman’s defense team files a motion to reconsider the denial of his prior motion to dismiss the criminal charges.
- Jan 29, 2025
EFF files amicus brief in support of Roman
The Electronic Frontier Foundation (EFF) files an amicus brief supporting Roman Storm’s motion to reconsider the denied motion to dismiss in light of the Fifth Circuit’s decision in Van Loon.
- Feb 19, 2025
Roman’s motion for reconsideration is denied by the district court
The district court denies Roman’s motion to reconsider, stating that «Van Loon does not require dismissal because it does not bear on the charged conduct.»
- Apr 14, 2025
Roman’s trial scheduled to begin
Community
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bal0 (am a.wassie now, verse)@fiat_scareIf they go after the devs they also have to go after everyone that produces guns. Its 100% the same situation. "Not the tool is evil, but the ones who use it for evil things."
papiofficial ᛤ@shmulaI have personally known @rstormsf for the last 5+ years. He is an upstanding, kind person, massively talented, loves his family, and loves America and wants to innovate and build. I stand with Roman.
CryptoStatto@crypto_stattoTruly awful. This must be looked into. All software engineers could fall foul of this.
Paul Mak 🖖@UnbanktFinancial privacy is not a crime.
Writing code is not a crime and @rstormsf is not a criminal.
Criminalizing privacy tools, software development and their developers undermines innovation and freedom.
Protecting privacy is a value and should be rewarded, not prosecuted.
Matt Huang@matthuangParadigm will be donating $1.25M to help fund Roman Storm’s legal defense
The prosecution’s case threatens to hold software developers criminally liable for the bad acts of third parties, which would have a chilling effect in crypto and beyond
We must stand with @rstormsf
CoinDesk@CoinDeskThe @EFF is calling for the case against @rstormsf to be dismissed arguing that it might create a chilling effect that harms other privacy-preserving tools, @thesamreynolds writes.
Caoimhin Séis@caoimhinllc@realDonaldTrump @elonmusk time to take action on your campaign promises. Coding is simply writing instructions in a language a computer can understand. It is speech. MAGA is pro free speech, right? Right?
Seth For Privacy 🥪 | #FreeSamourai #FreeTC@sethforprivacyIf you really mean this @realDonaldTrump, you'll drop the ongoing persecution of @SamouraiWallet and @TornadoCash developers who created non-custodial privacy tools for Bitcoin and Ethereum.#FreeSamourai and #FreeRoman!
Jake Chervinsky@jchervinskyThe Biden DOJ’s unjust prosecution of @rstormsf is the single most important policy issue facing crypto today.
If the DOJ is allowed to imprison software developers who build non-custodial smart contract protocols, crypto dies in the USA.
The Trump DOJ must end this case now.
Ryan Singer@Ryan_Singer@rstormsf is a friend of mine and a great software engineer who was building critical infrastructure. This prosecution is unjust and every American should feel ashamed until it's ended.
Wendy O@CryptoWendyORoss is Free
Roman deserves to be FREE
Creating code should not be a crime when the person who created it did not break the law!
WeeThePeePill@WeeThePeePillYour prosecution violates the First Amendment and is out of line with public will. Stay strong, we support you and value your work. Hopefully the times are changing.
개꿀인생 🌪@DogHoney_LifeRoman Storm is the Satoshi Nakamoto of my world.
The Korean community and I will fight tirelessly for Roman Storm's freedom! ✌️
#Tornadocash #FreeRomanStorm
bal0 (am a.wassie now, verse)@fiat_scareIf they go after the devs they also have to go after everyone that produces guns. Its 100% the same situation. "Not the tool is evil, but the ones who use it for evil things."
papiofficial ᛤ@shmulaI have personally known @rstormsf for the last 5+ years. He is an upstanding, kind person, massively talented, loves his family, and loves America and wants to innovate and build. I stand with Roman.
CryptoStatto@crypto_stattoTruly awful. This must be looked into. All software engineers could fall foul of this.
Paul Mak 🖖@UnbanktFinancial privacy is not a crime.
Writing code is not a crime and @rstormsf is not a criminal.
Criminalizing privacy tools, software development and their developers undermines innovation and freedom.
Protecting privacy is a value and should be rewarded, not prosecuted.
Matt Huang@matthuangParadigm will be donating $1.25M to help fund Roman Storm’s legal defense
The prosecution’s case threatens to hold software developers criminally liable for the bad acts of third parties, which would have a chilling effect in crypto and beyond
We must stand with @rstormsf
CoinDesk@CoinDeskThe @EFF is calling for the case against @rstormsf to be dismissed arguing that it might create a chilling effect that harms other privacy-preserving tools, @thesamreynolds writes.
Caoimhin Séis@caoimhinllc@realDonaldTrump @elonmusk time to take action on your campaign promises. Coding is simply writing instructions in a language a computer can understand. It is speech. MAGA is pro free speech, right? Right?
Seth For Privacy 🥪 | #FreeSamourai #FreeTC@sethforprivacyIf you really mean this @realDonaldTrump, you'll drop the ongoing persecution of @SamouraiWallet and @TornadoCash developers who created non-custodial privacy tools for Bitcoin and Ethereum.#FreeSamourai and #FreeRoman!
Jake Chervinsky@jchervinskyThe Biden DOJ’s unjust prosecution of @rstormsf is the single most important policy issue facing crypto today.
If the DOJ is allowed to imprison software developers who build non-custodial smart contract protocols, crypto dies in the USA.
The Trump DOJ must end this case now.
Ryan Singer@Ryan_Singer@rstormsf is a friend of mine and a great software engineer who was building critical infrastructure. This prosecution is unjust and every American should feel ashamed until it's ended.
Wendy O@CryptoWendyORoss is Free
Roman deserves to be FREE
Creating code should not be a crime when the person who created it did not break the law!
WeeThePeePill@WeeThePeePillYour prosecution violates the First Amendment and is out of line with public will. Stay strong, we support you and value your work. Hopefully the times are changing.
개꿀인생 🌪@DogHoney_LifeRoman Storm is the Satoshi Nakamoto of my world.
The Korean community and I will fight tirelessly for Roman Storm's freedom! ✌️
#Tornadocash #FreeRomanStorm
