Key facts
- Prosecutors cited a Sept. 25 appeals court ruling in the Bitcoin Fog case to oppose Roman Storm's acquittal bid.
- The DOJ argues Tornado Cash activity in Manhattan is sufficient to establish venue for Storm's charges in New York.
- A jury convicted Storm in August 2025 of operating an unlicensed money-transmitting business.
- The jury deadlocked on charges of money laundering and sanctions conspiracy.
- Storm filed for acquittal in September 2025, questioning intent to aid criminals.
- A retrial for the deadlocked charges is set for April 26, 2027.
Federal prosecutors have invoked a recent appeals court ruling concerning the cryptocurrency mixer Bitcoin Fog to counter Roman Storm's bid for acquittal on money-laundering and sanctions conspiracy charges. In a filing on Monday, the Department of Justice pointed to a Sept. 25 ruling by the D.C. Circuit that affirmed the convictions of Bitcoin Fog operator Roman Sterlingov.
The Bitcoin Fog ruling held that venue was proper in Washington, D.C., for all counts. For money-laundering charges, the court cited evidence of transactions by an undercover agent from a D.C. office, and for unlicensed money-transmission counts, it found sufficient customer activity within the district.
Prosecutors argue this ruling "directly supports" their position in Storm's case, asserting that Tornado Cash user activity in Manhattan is enough to establish venue in the Southern District of New York for Storm's charges. They highlighted testimony from Shakeeb Ahmed, who stated he used Tornado Cash from his Manhattan apartment.
Storm had argued in his September 2025 acquittal motion that Ahmed's use of Tornado Cash from New York was insufficient to establish venue, as the transactions did not further the alleged conspiracy. Prosecutors countered that even brief deposits can aid a mixer by increasing the pool of obscured transactions, a reasoning they believe applies to Ahmed's activity and supports their conspiracy claim.
Judge Katherine Polk Failla heard arguments on Storm's acquittal motion in April 2026 and has yet to rule. A retrial on the money-laundering and sanctions conspiracy charges, on which the jury deadlocked, is scheduled for April 26, 2027, should those charges proceed.