TechFlow reported on September 27, according to Coindesk, that U.S. District Judge Katherine Polk Failla for the Southern District of New York has rejected Tornado Cash developer Roman Storm's motion to dismiss criminal charges against him. Storm faces three counts: conspiracy to commit money laundering, conspiracy to operate an unlicensed money transmitting business, and conspiracy to violate the International Emergency Economic Powers Act, which carry a maximum sentence of 45 years in prison.
The judge ruled that the functional aspects of code do not fall under First Amendment protections for free speech, noting that Tornado Cash is substantially similar to other money transmission services or financial institutions. Prosecutors allege that Tornado Cash and its developers knowingly facilitated the laundering of over $1 billion, including "hundreds of millions" linked to the North Korean hacking group Lazarus Group. Storm’s trial is scheduled to begin on December 2, 2024, in New York and is expected to last two weeks.
