Tornado Cash’s Roman Storm wins partial privacy defense in money laundering trial

Judge Katherine Failla allows Tornado Cash co-founder Roman Storm to cite privacy motivations in trial but bars broader rights arguments.

Key Takeaways

• Tornado Cash co-founder Roman Storm is on trial for money laundering and sanctions violations, with proceedings expected to last three weeks.
• The judge ruled the defense can reference privacy but barred appeals to broader constitutional rights, limiting arguments around the “right to privacy.”

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Tornado Cash cofounder Roman Storm secured a partial courtroom victory Friday, as a federal judge ruled he can present arguments about privacy motivations during his ongoing criminal trial, though not under the banner of a constitutional “right to privacy.” The trial began this week and is expected to last three weeks.

According to a report from DL News, Judge Katherine Polk Failla’s ruling followed a request by prosecutors to block Storm’s team from discussing privacy rights or referencing violent incidents like kidnappings, which they argued could improperly influence the jury.

Failla disagreed in part, allowing Storm and his witnesses to cite the importance of privacy in crypto, but not as a legal entitlement.

“They can discuss beliefs about privacy,” Failla said, “but must stay away from statements like ‘the right to privacy,’ which have legal connotations.”

Failla ruled that “privacy” can be cited to explain Tornado Cash’s creation and legitimate uses, but broader legal rights cannot be invoked.

Storm is charged with money laundering conspiracy, running an unlicensed money-transmitting business, and violating US sanctions. Prosecutors allege the protocol helped obscure funds tied to North Korean hackers and other illicit actors.

His defense argues Tornado Cash also fulfilled lawful privacy functions, helping users shield sensitive financial data from public view in a space where all blockchain transactions are otherwise traceable.

They say the tool was widely used by journalists, activists, and everyday users seeking basic financial confidentiality.

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