US prosecutors have requested a retrial for Roman Storm, co-founder of the non-custodial cryptocurrency mixer Tornado Cash, proposing a start date in early to mid-October 2026. The Department of Justice (DOJ) seeks to retry Storm on Counts One and Three of the superseding indictment, which involve unresolved money laundering and sanctions violations. The retrial is estimated to last approximately three weeks.
Storm was previously convicted on a money transmitting charge in August 2025, but the jury failed to reach a verdict on the additional charges. The DOJ has moved to set a retrial date to avoid delays from scheduling conflicts, while acknowledging that Storm’s pending Rule 29 motion for a judgment of acquittal is scheduled for April 9, 2026. Storm and his attorneys have expressed that setting a date at this stage is premature, though they confirmed availability for a trial in late September, early October, or early December.
Legal and Industry Implications
A conviction on the two charges could carry a maximum sentence of 40 years. Storm has emphasized that his role in developing Tornado Cash was purely technical, stating on X that the case concerns software he does not control or the transactions he never handled. The legal debate centers on whether creating non-custodial crypto tools can constitute criminal conduct, a question with implications for developers across the industry.
Storm has received broad support from the crypto community. Ethereum co-founder Vitalik Buterin highlighted the importance of privacy tools as necessary defenses against systemic data exploitation, and the Solana Policy Institute called for stronger legal protections for software developers. Crypto advocates have also contributed millions to support his defense fund.
The case has unfolded amid shifting US regulatory and prosecutorial stances. The Justice Department under the Trump administration clarified that “writing code” is not inherently a crime, and the Treasury Department’s sanctions against Tornado Cash were lifted in 2025, acknowledging legitimate privacy uses while noting illicit finance risks. Storm’s retrial will likely set a critical precedent for the legal treatment of non-custodial crypto tools and the responsibilities of software developers in the decentralized finance ecosystem.
