Roman Storm’s Defense Questions DOJ on Potential Withheld Evidence
Roman Storm's defense team is seeking information from the U.S. Department of Justice (DOJ) regarding potential withheld evidence that could benefit his case. Key points include:
- The defense claims that the DOJ has had exculpatory materials since August 2023 relevant to whether a noncustodial cryptocurrency mixer qualifies as a 'money transmitting business' under 18 U.S.C. § 1960.
- They argue that the government's failure to disclose these materials constitutes a Brady violation, harming Storm’s defense.
- This situation is linked to another case involving Samourai Wallet developers, where prosecutors allegedly delayed sharing that FinCEN officials believed the mixer did not appear to be a money transmitter.
- The DOJ refutes allegations of misconduct, asserting their disclosures were timely and that the FinCEN officials’ opinions were not formal guidance.
- The defense contends both cases share a critical issue regarding the noncustodial nature of the protocols involved.
- Storm's team requests Judge Katherine Polk Failla to mandate a review of any helpful materials by the DOJ and to disclose documents related to the Samourai case.