The lawyers of the promoter of Tornado Cash, novel Storm, filed a request asking the court to reconsider the request for the rejection of the case due to the continuation of the restraint of eviction evidence in the form of communications with the Financial Crimes Enforcement Network (Fincen) dating from 2023.
According to a letter of May 16 of Storm lawyers to judge Katherine Polk Failla, the documents of Fincen show that non -guardian cryptographic mixers do not fall under the legal definition of a “company of transmission of money” and that prosecutors have known it for at least 2023.
Despite the knowledge of the Fincen guidelines on cryptographic mixers, state prosecutors still carried out cases against samurai portfolio developers and the torade in cash, lawyers said.
American prosecutors have denied having retained the evidence, claiming that they have submitted Fincen communications within the period stipulated to produce the documents for the defense and the court during the legal discovery.
The defense of Storm cited the same legal documents and the same argument as the lawyers of the developer of the Samurai portfolio posed to the Court in a legal letter of May 5. Storm lawyers wrote:
“The disclosure in the Samurai affair reveal that the government, at the very least, has played quickly and loose and, at worst, misleaded this court with its arguments concerning the advice of Fincen during the response to rejection and discovery contract requests.”
The letter continued by claiming that, although the government continues to claim that cases only support “superficial similarities” with each other, they share the fundamental characteristics of cryptocurrency mixers under the law, which makes the documents of Fincen.
In relation: Crypto Group asks Trump to put an end to the pursuit of cryptographic developers, novel Storm
The Roman Storm trial has advanced despite the sanctions against the tornado deemed illegal
Federal judge Robert Pitman rendered a decision on April 28, refusing control of the office of foreign assets (OFAC) the ability to repimanese the sanctions to the torade in cash – fixing a legal precedent for cases of non -guardian mixers.
Despite this, the American federal prosecutors still advanced the case against Storm, although the accusations were changed.
Review: Tornado Cash 2.0: the race for the construction of safety and legal pieces mixers
