RT Roman Storm 🇺🇸 🌪️: The gov't theory in my case isn't about me. It's a template. Under US v. Storm, "money transmitting" no longer require...
Roman Storm warns that the legal theory in his case could set a precedent making open-source developers liable for how others use their code, potentially criminalizing the mere publication of privacy, messaging, or crypto tools. He notes that developer Michael Lewellen cannot publish lawful code due to prosecution fears, and argues this chilling effect extends beyond any single case.
Background
- Roman Storm is the co-founder of Tornado Cash, a crypto-mixing protocol that anonymizes Ethereum transactions. US prosecutors charged him in 2023 with money laundering, arguing his software helped North Korean hackers launder stolen funds — even though Storm never held or controlled anyone's money.
- The government's legal theory in *US v. Storm* redefines "money transmitting" to include simply publishing code that others use to move funds. If this stands, any open-source developer of privacy, messaging, or crypto tools could be prosecuted over how bad actors use their software.
- Michael Lewellen is a developer who built lawful crowdfunding software but cannot release it because DOJ refuses to promise non-prosecution — illustrating the chilling effect beyond Storm's own case.
- Storm faces a possible retrial by SDNY prosecutors, even after a hung jury and despite FinCEN guidance that seemed to protect non-custodial software developers.