DOJ Cites Bitcoin Fog Ruling in Roman Storm Acquittal Case

Federal prosecutors have cited an appeals court decision involving the Bitcoin Fog cryptocurrency mixer in their latest opposition to Tornado Cash developer Roman Storm’s bid for acquittal. The filing, submitted on Monday, asks the court to treat the Bitcoin Fog ruling as “directly” supportive of the government’s arguments about where Storm’s alleged conduct took place.

The motion points to a Sept. 25 ruling from the U.S. Court of Appeals for the D.C. Circuit affirming the convictions and sentence of Bitcoin Fog operator Roman Sterlingov. Prosecutors say the logic the appeals court used to uphold venue in Washington, D.C., carries over to Storm’s case in the Southern District of New York.

Key takeaways

• Prosecutors used a Sept. 25 D.C. Circuit decision involving Bitcoin Fog to argue venue is proper in Storm’s New York case.
• The D.C. Circuit found Washington, D.C. venue supported by an undercover agent’s transactions conducted from a D.C. office.
• For Tornado Cash, prosecutors highlight testimony that Shakeeb Ahmed used Tornado Cash from a Manhattan apartment, which they say helps establish New York venue.
• Judge Katherine Polk Failla has not yet ruled on Storm’s acquittal motion, and a potential retrial is scheduled for April 26, 2027 if pending counts remain.