PANews reported on May 18 that according to DL News, the legal team of Tornado Cash co-founder Roman Storm accused federal prosecutors of misleading the court on how US law treats non-custodial cryptocurrency mixers, and cited newly disclosed details in a related case against Samourai Wallet developers, and pointed out that prosecutors did not disclose key communications with the Financial Crimes Enforcement Network (FinCEN), which could undermine the government's core allegations that Tornado Cash operated as an unlicensed money transmission business.
Roman Storm's defense also cited details disclosed in the case related to the Samourai Wallet developer, emphasizing that FinCEN had stated that Samourai Wallet may not meet the definition of a fund service business because it does not hold user funds. Given that Tornado Cash is also a non-custodial agreement, the defense believes that this position also applies. Currently, Roman Storm's legal team has requested the court to require the government to disclose all communications with FinCEN and provide materials related to the Samourai Wallet case. The trial is scheduled to begin on July 14.