Roman Storm, co-founder of Tornado Cash, was convicted of a felony in August, and following a statement from Department of Justice officials, he may be closer to avoiding a retrial on other charges he could face.

At a summit organized by the cryptocurrency advocacy group American Innovation Project in Wyoming on Thursday, Matthew Galeotti, acting assistant attorney general of the DOJ's Criminal Division, hinted that the department would change its approach to certain enforcement cases involving cryptocurrency and blockchain.

The DOJ official stated that his remarks were intended to provide clarity following a memorandum issued in April by U.S. Deputy Attorney General Todd Blanche titled "Ending Prosecution-Oriented Regulation."

While not naming Storm, Galeotti referenced issues similar to his criminal case, suggesting that the DOJ would pursue "fair enforcement," including in certain cases involving allegations of operating unlicensed money transmission businesses.

Galeotti said, "Our view is that simply writing code, without malicious intent, is not a crime. Innovating new ways to store and transmit value economically and create wealth without malicious intent is not a crime. However, the Criminal Division will continue to prosecute those who intentionally commit crimes or assist and abet crimes, including fraud, money laundering, and evading sanctions."

He added:

Galeotti's statement does not necessarily mean that the U.S. government will not seek a retrial against Storm for conspiracy to commit money laundering and conspiracy to violate sanctions, as the jury failed to reach a consensus on these charges in August. However, DOJ officials publicly discussing changes in enforcement policy regarding cryptocurrency activities may signal a different approach to future criminal cases involving digital assets.

Galeotti cited relevant laws, stating, "New charges will not be approved when evidence shows that the software is truly decentralized and only automates peer-to-peer transactions, and that third parties do not have custody and control over user assets."

Storm was indicted in the U.S. in August 2023 on charges including conspiracy to commit money laundering, conspiracy to operate an unlicensed money transmission business, and conspiracy to violate U.S. sanctions. After four weeks of trial, he was convicted of conspiracy to operate an unlicensed money transmission business, while the jury could not reach a consensus on the other two charges.

The Tornado Cash co-founder is expected to be sentenced soon on the single count, but as of the time of publication, no hearing has been scheduled in the court case records. During the pre-trial and trial periods, Storm and his supporters in the crypto industry reiterated the claim that "writing code is not a crime," a point echoed by Galeotti on Thursday.

Galeotti stated, "If a developer merely contributes code to an open-source project, without a specific intent to assist criminal activity, without helping or abetting a specific crime, or joining a criminal conspiracy, he or she bears no criminal liability. In terms of criminal prosecution, participation in the digital asset ecosystem should not and will not subject individuals to different levels of scrutiny."

Jake Chervinsky, chief legal officer of Variant, mentioned Galeotti's statement in a post on X on Thursday, saying, "Roman Storm was just convicted of this exact charge in this exact situation. Justice for Roman means dropping the case."

The DOJ's guidance suggests that the U.S. government will take a different approach to enforcement cases—potentially affecting developers like Storm—was met with applause at the American Innovation Project summit. This nonprofit organization, aimed at educating policymakers and encouraging public advocacy for digital assets, was established on Tuesday.

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Original article: “DOJ Official Hints Department Opposes Retrial of Roman Storm”

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