DOJ Says Supreme Court Ruling Doesn’t Apply in Tornado Cash Developer Case

Overview

• SDNY prosecutors, in a letter sent Tuesday, urged Judge Katherine Polk Failla to disregard the Supreme Court’s Cox v. Sony decision in Roman Storm’s case.
• They argue Cox addressed civil copyright issues with different facts and say Storm knew Tornado Cash was used to launder funds while adopting “easy to bypass” countermeasures.
• The filing asserts there is no evidence the mixer had substantial lawful uses, rejecting the defense claim that a neutral tool with legitimate purposes defeats criminal intent.
• Prosecutors asked the judge to set a retrial on the hung money laundering and sanctions counts for a window between October 5 and 12, 2026, after last summer’s mixed verdict.
• The court will hear Storm’s Rule 29 motion on April 9, a step that could decide if those counts proceed to trial and shape how courts view developer liability for decentralized privacy tools.