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DOJ cites Bitcoin Fog ruling to maintain Roman Storm venue in New York

Federal prosecutors are continuing their criminal case against Tornado Cash co-founder Roman Storm, citing an appeals court ruling in the Bitcoin Fog case to defend New York venue even as FinCEN drops its proposed mixer reporting rule.

Portrait of Tornado Cash co-founder Roman Storm wearing glasses and a light blue collared shirt.
Image: @Cointelegraph

United States prosecutors in the Southern District of New York are moving forward with their criminal prosecution of Tornado Cash co-founder Roman Storm, citing a recent federal appeals court decision in the Bitcoin Fog case to oppose his venue challenge and acquittal bid. In a supplemental filing submitted to U.S. District Judge Katherine Polk Failla, the Department of Justice argued that Tornado Cash activity tied to Manhattan is sufficient to establish proper venue for conspiracy counts in New York.[2][3][5][6][7]

The DOJ invoked the D.C. Circuit's ruling in United States v. Sterlingov, which held that venue was proper where mixer fund transfers served customers in the district, pointing to deposits into Tornado Cash pools by individuals located in New York, including Shakeeb Ahmed.[5][6][7]

Storm responded on social media, emphasizing that the government is pressing its case despite the Financial Crimes Enforcement Network withdrawing its proposed reporting requirements for crypto mixers. Storm noted that FinCEN dropped the proposal over concerns that it could chill legitimate activity. Crypto Briefing reported that the DOJ's persistence alongside FinCEN's pullback highlights continuing friction between cryptocurrency privacy and regulatory enforcement.[1][3][4][5][7]

Prosecutors have formally asked the court to preserve two conspiracy counts in New York. According to CryptoSlate, Storm's retrial is scheduled to begin on April 26, 2027.[1][5][7]

Key facts

  • Federal prosecutors in the Southern District of New York cited the D.C. Circuit's Bitcoin Fog ruling in United States v. Sterlingov to oppose Roman Storm's venue challenge.
  • The government argues that Tornado Cash activity in Manhattan is sufficient to establish venue for Storm's case in New York.
  • DOJ prosecutors asked Judge Katherine Polk Failla to retain two conspiracy counts in New York.
  • FinCEN withdrew its proposed reporting regulation concerning cryptocurrency mixers.
  • Roman Storm stated that FinCEN withdrew its mixer rule out of concern that it could chill legitimate activity.
  • Storm's retrial has been scheduled for April 26, 2027.

Sources · 6 sources

  1. CR

    CryptoSlate@CryptoSlatePost on X ·

    FinCEN is withdrawing its mixer-reporting proposal. Roman Storm’s case continues. DOJ is asking a judge to keep two conspiracy counts in New York. His retrial is scheduled for April 26, 2027. Reporting by @akibablade. https://t.co/WMjKWkCL4L

    Open source
  2. CO

    Cointelegraph@CointelegraphPost on X ·

    🚨 UPDATE: Roman Storm’s acquittal bid faces fresh pressure as DOJ invokes the Bitcoin Fog ruling to defend venue in New York. https://t.co/Kc4PL13UQ5

    Open source
  3. DE

    DecryptArticle ·

    Prosecutors Cite Bitcoin Fog Ruling Against Roman Storm's Venue Challenge The Tornado Cash founder hit back in a tweet, noting FinCEN withdrew a proposed mixer rule over concerns it could chill legitimate activity.

    Open source
  4. CB

    Crypto BriefingArticle ·

    DOJ advances Roman Storm case as FinCEN drops mixer proposal The DOJ's persistence and FinCEN's retreat highlight ongoing tensions in balancing crypto privacy with regulatory oversight. The post DOJ advances Roman Storm case as FinCEN drops mixer proposal appeared first on Crypto Briefing .

    Open source
  5. CO

    Cointelegraph@CointelegraphPost on X ·

    🚨 UPDATE: Roman Storm says DOJ is still pursuing his Tornado Cash case after a new SDNY filing, even as FinCEN drops its proposed mixer rule. https://t.co/GUrgBNh143

    Open source
  6. CT

    Coin TelegraphArticle ·

    DOJ invokes Bitcoin Fog ruling in potential blow to Roman Storm acquittal bid Prosecutors say a recent Bitcoin Fog appeals court ruling supports their argument that Tornado Cash activity in Manhattan was enough to establish venue for parts of Roman Storm’s case in New York.

    Open source
  7. CO

    CoinGape@CoinGapeMediaPost on X ·

    🚨 UPDATE: Roman Storm says the DOJ is still pursuing his Tornado Cash case following a new SDNY filing, despite FinCEN dropping its proposed mixer rule. https://t.co/RCsbIb0RBG

    Open source