During Thursday’s telephonic hearing, Judge Katherine Polk Failla, who presides over the Southern District of New York, stated that the government presented enough evidence to move forward with the case. Roman Storm faces allegations of aiding unlawful conduct through the ethereum (ETH) mixer Tornado Cash.

His defense argued that his role in writing code should be protected under the First Amendment, likening the prosecution to an attack on free speech. “I remain very disappointed that the prosecutors charged him because he helped develop software – their novel legal theory has dangerous implications for all software developers,” Storm’s attorney stated in August 2023. However, the judge ruled on Thursday that the code’s operation may not qualify as protected speech, allowing the case to proceed to trial.

Storm is charged by the Department of Justice (DOJ) with three counts—conspiracy to commit money laundering, violating the International Emergency Economic Powers Act, and operating an unlicensed money-transmitting business. U.S. prosecutors claim Tornado Cash, the ether mixing protocol, helped launder billions, with some funds allegedly linked to North Korea’s hacking syndicate Lazarus Group.

Storm’s defense attempted to have the charges dropped, asserting that he had no control over the use of his code once it was released. The trial is set to start on Dec. 2, 2024, in New York. If found guilty on all counts, the developer may be looking at a maximum sentence of 45 years in a U.S. prison.

This case holds significant implications for the cryptocurrency world, sparking debate over the accountability of developers and whether writing code can be criminalized. In mid-May, a Dutch court handed down a five-year, four-month prison sentence to Tornado Cash developer Alexey Pertsev, convicting him on money laundering charges.

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