Tornado Cash Co‑Founder May Delay Trial Over Disputed Hacker Testimony
BY
Ben Graham
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Roman Storm, one of the co‑founders of Tornado Cash, could end up pushing back his trial date if a surprise witness is allowed to testify. His legal team says the introduction of this witness, a hacker who allegedly used the privacy protocol, was both too late and too risky for a fair trial. If the court gives the green light, Storm’s lawyers say they may need more time to adjust.
Late Notice, Big Problem
The issue started when prosecutors informed the defense that they intended to introduce a new witness after the court’s deadline had already passed. The witness is described as someone who laundered funds through Tornado Cash and may try to tie that experience back to Storm. The defense isn’t having it. They argue this kind of testimony could easily sway a jury by painting Storm as guilty by association.
The concern here is timing and fairness. The defense says they were caught off guard and don’t have enough time to prepare a proper rebuttal. That opens the door for a possible trial delay if the court rules in favor of letting the hacker take the stand.
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The Bigger Stakes
Storm is facing several charges, including running an unlicensed money-transmitting business, money laundering, and violating U.S. sanctions. The case stems from the alleged misuse of Tornado Cash by criminals, including North Korea-linked hackers. While Storm insists he built a tool, not a crime ring, prosecutors argue that he helped facilitate illegal activity by providing a platform that could conceal the source of funds.
This trial has become a lightning rod in the crypto world. Many developers and privacy advocates see it as a defining moment. If Storm is held liable for the actions of others using his code, it could set a worrying precedent. Vitalik Buterin and other prominent crypto figures have publicly supported Storm, saying the case risks criminalizing software development itself.
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Witnesses, Sanctions, and Strategy
At the center of the current dispute is whether the hacker’s testimony is essential or inflammatory. Prosecutors say the hacker’s story is critical for proving intent. Storm’s team says it could unfairly bias the jury by appealing to emotion rather than evidence.
There’s also debate over other pieces of the case. For example, the judge is still deciding whether to allow references to the 2022 sanctions placed on Tornado Cash. Those sanctions were later overturned, and the defense argues that bringing them up now could confuse or mislead jurors.
Storm’s legal team is also fighting to bring in blockchain experts to explain how the protocol works and what Storm’s actual involvement was. Without those voices, they argue, the jury could be left with an incomplete picture.
What Comes Next
The judge is expected to make decisions on the witness and sanctions evidence by the end of the week. If the hacker is allowed to testify, Storm’s lawyers will likely ask for a short delay. If not, jury selection is expected to move forward as planned.
No matter what happens, the trial is shaping up to be more than just a courtroom battle. It’s a test of how the legal system will treat developers building privacy tools in a world where the line between code and crime keeps getting blurrier.
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Key Takeaways
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