| Tornado
Cash Roman
Storm Bid to
Link 3500 with
Advice of
Counsel Is
Denied in SDNY
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Oct 10 – Roman Storm is
charged using his
cryptocurrency mixed Tornado
Cash to help launder money for
North Korea's hackers in the
Lazarus Group.
On September 6,
2023 he was arraigned before
U.S. District Court for the
Southern District of New York
Judge Katherine Polk Failla.
Inner City Press was there - thread:
Cash helped North
Korea's hackers Lazarus
Group...There will be
discovery from GitHub
On December 5,
Judge Failla docketed the
trial schedule: "SCHEDULING
ORDER as to Roman Storm, Roman
Semenov. It is hereby ORDERED
that the following trial
schedule will be in effect:
Trial will be set to begin on
September 23, 2024, at 9:00
a.m." Full scheduling order on
Patreon here
On March 29,
2024, Storm through counsel
submitted motions to suppress
and to compel discovery,
including into MLATs with The
Netherlands, and FinCEN and
OFAC communications.
Memo/motion on Patreon here
On July 5, a
court holiday, Storm's lawyer
filed an opposed request for a
delay into 2025 of the trial:
"We write on
behalf of our client Roman
Storm to respectfully request
that the Court grant a
continuance of the trial date
from September 23, 2024 to
late January or February
2025." Letter on Patreon here.
The US on July 9
filed opposition - just as in
the Samouri Wallet case a
letter from Senator Lummis and
Wyden that cites
theTornado Cash case, letter
now on Patreon, with Samouri
story, here.
On July 12, Judge
Failla did delay the trial,
but not as far as Storm
requested: "trial in this
matter is scheduled to begin
on 12/2/2024 at 9:00 a.m."
On September 26,
Judge Failla denied Storm's
motions, from the thread:
SDNY Judge Failla
is about to start reading out
(long) decision on motions to
compel and dismiss. Spoiler
alert: she is denying both.
Judge: The pre-trial discovery
is government by Rule 16...
Brady did not
create a Constitutional right
to discovery. Mr. Storm's
request are too speculative,
saying "may," "may" and "may."
He does not connect the dots.
Judge Failla
continues: I reject the void
for vagueness argument...
Courts should be cautious when
assessing vagueness arguments.
Consider US v. Howtar (sp)
Judge
Failla: Mr. Storm was arguing
that that statutory definition
of financial transaction is
vague. I reject that. The
court finds that the statute
gave Mr. Storm adequate
notice. He marketed Tornado
Cash as a way to conceal, he
had notice is was illegal
Judge Failla: So,
the motions are denied. I
think that is all I need to do
today. We have a trial date
On October 10, a
hearing Inner City Press
covered, from the thread:
oral argument on
prosecutors' motion to compel
pre-trial disclosuresJudge
Katherine Failla: When will
the government be producing
3500 material? Assistant US
Attorney Nathan Rehn: We have
been trying to reach a global
agreement on pre-trial
disclosures. Judge: Is there a
world in which you would not
disclose until after
testimony?
AUSA: We would
hope not- Judge: Mr. Rehn,
we're here because you haven't
worked that out. It is
possible I could propose a
schedule for 3500 production?
AUSA: There is precedent that
the government cannot be
ordered to go faster than the
statute Judge: I know that
Roman
Storm's lawyer: If they delay
on the 3500 material, we'll
want more time to make advice
of counsel disclosure. Judge:
I am uncoupling those two
issues. Before ruling, I spoke
with other SDNY Judges
including, about the Eisenberg
trial, with Judge Subramanian
Judge: I
have considered Judge Kaplan's
ruling on Bankman-Fried...
Last minute tricks, at least
they didn't for Bankman-Fried.
We'll do Daubert hearings in
November in the same week as
the final pre-trial
conference. We are adjourned.
The case is US v.
Storm, et al., 23-cr-430
(Failla)
***
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