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Court Permits Expert Testimony on Possible Tornado Cash Modifications

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Trial Developments in the Case of Roman Storm

In a significant development in the trial of Roman Storm, one of the founders of Tornado Cash, a federal judge has ruled that jurors will be permitted to hear expert testimony regarding potential modifications to the crypto-mixing platform. This testimony could suggest that Storm had the capability to adjust Tornado Cash’s features to prevent its use for illicit activities, yet opted not to do so.

Judge’s Ruling

Judge Katherine Failla made this decision on Sunday, rejecting a request from the defense team that sought to prevent such evidence. The witness in question, Philip Werlau, serves as an investigator for AnChain.AI, a firm specializing in fraud investigation and anti-money laundering compliance. Werlau’s insights will explore whether Storm had the technical ability and knowledge to implement a ‘user registry smart contract’—a feature argued by the prosecution to deter criminal usage of the platform.

Judge Failla stated that while the defense contended that there has not been proven usage of such a registry in the blockchain industry, it remains within the scope of possibility for a capable developer like Storm to have known and potentially implemented it.

Charges and Prosecution’s Case

The trial, which marks its sixth day, sees Storm facing serious charges, including money laundering and operating an unlicensed money transmitter, as well as violating U.S. sanctions. Prosecutors are expected to conclude their case by this coming Friday, at which point Storm’s legal representatives will launch their defense.

Over the course of the trial, the prosecution has presented diverse testimony, including accounts from individuals who allegedly utilized Tornado Cash to launder money, as well as insights from FBI agents involved in the investigation. Notably, supervisory special agent Joel DeCapua testified that his team has documented multiple instances—16, to be exact—where over $5 million each had been funneled through the platform.

Comparisons to Other Cases

The outcome of Storm’s case could draw parallels to that of Alexey Pertsev, another Tornado Cash co-founder, who was recently convicted of money laundering charges in the Netherlands, resulting in a sentence of over five years in prison. However, the circumstances surrounding Storm’s trial may differ considerably. Judge Failla is currently evaluating the implications of various crypto-related prosecutions in her deliberations, citing cases involving notable figures like former FTX CEO Sam Bankman-Fried and others who have received prison sentences.

Trial Timeline

Jury selection for Storm’s trial commenced on July 14, with an anticipated duration of three to four weeks ahead.

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