In Other Media-eg NYLJ New Statesman, CJR, NY Mag, AJE, Georgia, CSM Click here to contact us     .

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 18 – 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.

On November 1, Inner City Press covered the proceeding and first reported the new trial date: April 14, 2024, here. Then: "proceedings held before Judge Katherine Polk Failla: Telephone Conference as to Roman Storm held on 11/1/2024. Defendant Roman Storm present... Trial in this matter is adjourned to 4/14/2025

On December 9 there was a status conference; Inner City Press went and live tweeted, thread:

All rise! Judge Failla: How do you plead? Roman Storm: Not guilty. Storm's lawyer: We're requesting reconsideration. AUSA: 2d circuit, mandamos was denied. Judge Failla: I didn't know. Last week I was in California at Judicial Conference, hearing budgets are bad

Defense: We want 20 pages, then ten on reply. Judge Failla: Our local rules are moving toward word count, not pages.  Defense: We are considering taking the mandamos to the Supreme Court. Judge Failla: Note this, "Judge laughs."  Defense: We know it's a long shot

 Judge Failla: I've been vindicated twice at the Supreme Court, I hope my batting average stays high.

On December 18 Storm's lawyers filed a request for reconsideration of the denial of their motion to dismiss, arguing among other things that the Fifth Circuit's decision in Van Loon v. Dept of Treasury, No. 23-50669 (5th Cir. 2024) (Slip op.), in which a group of Tornado Cash users won a ruling that the immutable smart contracts at issue could not be considered "property" under IEEPA.

The case is US v. Storm, et al., 23-cr-430 (Failla)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2024 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com