Roman Storm’s defense team wants to know if the United States Ministry of Justice is retaining any information that could help the case of the Tornado Cash developer.
In a letter tabled on Friday evening, the defense lawyers said that recent disclosure in another case, somewhat similar, had raised fears that the prosecutors misled the judge supervising the case or otherwise played “quickly and cowardly”.
“Defense has recently learned that the government has had documents for discharge since August 2023 which go to the heart of a fundamental question in this case: if a non-guardian cryptocurrency mixer is a” money transmission company ” for 18 USC § 1960, “said the file. “The government’s inability to produce these materials in the fall of 2023, when Roman Storm was charged and appeared before the court, constitutes a violation of Brady which considerably prejudicially prejudicial”, even after the Doj declared that he would abandon part of his file against Storm.
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The Storm team refers to the DOJ file against two Samurai Wallet developers, another crypto mixer. In this case, the defense lawyers said earlier this month that the prosecutors had delayed the division of the fact that two officials of the Financial Crimes Financial Network (Fincen) told the MJ that the mixer did not look like a money issuer.
The prosecutors denied allegations in a judicial file, claiming that their disclosure was appropriate and that the opinions of Fincen officials were not official directives.
The DoJ said the two cases are only “superficially similar,” the defense file said on Friday.
“But what the Government characterizes as a superficial similarity is, in fact, the central characteristic which is at the heart of the contradictory interpretations of the councils of Fincen and the extent of the 1960 section:
The non -guardian nature of the two protocols, “said the file.” That users exercised a unique control over their assets were a request base of Mr. Storm to reject and oblige the discovery of Fincen materials. “”
The defense asks judge Katherine Polk Failla, who oversees the case, to order the Doj to examine any material that he could have who could help the case of Storm and share the documents referenced in the Samurai case, as well as when the Storm prosecutors learned these documents.
