Prosecutors in the case against Tornado Cash Developer Roman Storm are trying to sidestep the possibility that a New York judge is forcing them to provide further evidence that will help Storm’s case.
In a letter of Wednesday in court, prosecutors pushed back against Storm lawyers who want to meet their so -called brady obligations -A constitutional requirement for prosecutors to —on any potentially varied evidence in defense prior to trial.
In the midst of the debate is a recent manufacture of evidence in another case in the Southern District of New York (SDNY): the legal pursuit of Samaurai co-founders Keonne Rodriguez and William Lonergan Hill. Both cases involve a crypto mixing service claiming prosecutors are deliberately used in launder crime proceeds,
In the case of Samaurai’s wallet, however, prosecutors recently admitted to have a conversation with two Financial Crimes Enforcement Network (FINCEN) officials in 2023 – before pressing charges – where government employees said they did not believe that mixing service was qualified as a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules and does not need a business that sends money under their rules. Lawyers for Rodriguez and Hill accused of prosecutors to support critical evidence and violation of their right to the appropriate process. Last week, the judge administered the case that rejected their movement for a hearing about this matter, telling them rather than incorporating their concerns into their pre-trial motion since the end of the month.
Although the cases were separated, lawyers for the Roman Storm have expressed the concern that the failure of persecution to inform them of their communications to Fincen regarding the status of the Samaurai wallet as a business that sends money will also potentially form a Brady violation in the case of storm.
In their response to Wednesday, the prosecutors said Fincen’s conversation was not evidence. It was an opinion, not a fact, they said, and therefore it was not necessary to return to defense. Prosecutors also admitted that their discussion with Fincen was not related to Storm’s case, as it was not particular about Tornado Cash.
“Tornado Cash is not part of the conversation,” the prosecutors wrote. “While the Samaurai Wallet and the Tornado Cash Service can share some superficial similarities, they operate differently.”
The prosecutors said they had no similar conversation with Fincen about Tornado Cash, claiming that there were no “contacts comparable to those described in Rodriguez’s disclosure.”
“As the government repeatedly explained in defense in this case, the government does not seek or obtain an opinion from any employee in Fincen – or any other government agency – about whether Tornado Cash Service is subject to registration obligations,” the prosecutors wrote. “Such an opinion – especially an informal opinion offered by employees who are clearly rejected speaking for the agency – is not legal to be received and will not be brady material.”
The case against the storm is expected to begin on July 14 in New York.
