Roman Storm, developer of the crypto-mixing platform Tornado Cash, has filed a motion to dismiss the criminal charges filed against him by US authorities.

His request follows a significant legal decision by the Fifth Circuit Court, which ruled that sanctions imposed by the US Treasury’s Office of Foreign Assets Control (OFAC) on Tornado Cash’s immutable smart contracts were unlawful.

Why Storm wants charges dropped

According to his court filing, Storm argued that the recent court ruling undermines the charges against him.

The appeals court had found that autonomous smart contracts, which operate without human intervention or control, cannot be considered property under the law.

This judgment raises questions about the basis of the allegations against Storm, particularly those linked to violations of the International Emergency Economic Powers Act (IEEPA).

Storm’s legal team highlighted that he had no control over Tornado Cash’s smart contracts. He maintained that the software operates independently, making it impossible for him to have knowingly or willfully violated the IEEPA.

His lawyers argued that the immutable nature of the smart contracts at the center of the allegations absolves him of criminal liability. They stated:

“These alleged transactions were not services, not owned or controlled by Tornado Cash, and could not have resulted from any deliberate choice by Mr. Storm because they were outside of his control. Mr. Storm could no more choose to stop them than he could choose to stop the sun from rising.”

Additional charges scrutinized

Storm has also called for the dismissal of other charges against him—including the conspiracy to operate an unlicensed money-transmitting business and a money laundering charge—asserting that they are based on flawed legal grounds.

Storm’s lawyers noted that the government’s case mischaracterizes the nature of Tornado Cash’s smart contracts. They pointed out that since the contracts operate autonomously and without oversight, he cannot be held accountable for any transactions processed through the platform.

The lawyer argued that this lack of control eliminates the intent and knowledge required for money laundering and money transmission charges.

Moreover, the Tornado Cash developer emphasized that the Fifth Circuit’s ruling illustrates the unprecedented and expansive interpretation of criminal statutes used by the government in his case. He believes this violates due process and supports his motion to dismiss all charges.

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