Roman Storm, the co-founder of Tornado Cash, is facing legal challenges after being indicted by federal prosecutors in the Southern District of New York last August. Storm, along with another co-founder, Roman Semenov, who remains at large, and developer Alexey Pertsev, currently on trial in the Netherlands, is accused of conspiracy to commit money laundering and violating the International Economic Emergency Powers Act. Storm’s defense team has filed a motion to dismiss the charges, raising several key arguments.

One of the primary issues raised by Storm’s lawyers is the timeline of events, with Storm having relinquished control of Tornado Cash before the alleged criminal conduct occurred. They argue that Storm cannot be held responsible for any misuse of the software that occurred after he had already stepped away from the project.

Another crucial aspect of the defense’s argument is the assertion that writing code is a form of free speech protected by the First Amendment. Storm’s lawyers contend that he and his colleagues had a constitutional right to develop software and that the prosecution’s attempt to criminalize their actions is unwarranted.

The defense also challenges the characterization of Tornado Cash as a money transmitting business, pointing out that users did not surrender control of their funds or pay fees directly to Tornado Cash. They argue that any fees paid were to third-party relayers, complicating the notion of Tornado Cash’s role in facilitating transactions.

The case has garnered significant attention within the decentralized finance (DeFi) community, with nearly $1.5 million raised for a legal defense fund. Supporters of Storm and his co-defendants view the case as a potential threat to developers in the DeFi space and are closely following the legal proceedings.