A New York federal court has tentatively scheduled October 26, 2026 for a possible retrial of Tornado Cash co-founder Roman Storm. Judge Katherine Polk Failla set the date while reviewing Storm’s motion for acquittal under Criminal Rule 29. The retrial will move forward only if that motion is denied.
Retrial hinges on the pending Rule 29 motion
Storm is asking the court to overturn his conviction for conspiracy to operate an unlicensed money transmitting business. According to the docket, the court has already made room for the case on its fall calendar even though no ruling has been issued yet. That leaves both paths open: the case could end on the existing conviction count, or it could return to court for another trial.
Two unresolved counts remain after jury deadlock
The current timeline follows an April 9, 2026 hearing, where Storm’s legal team challenged the sufficiency of the government’s evidence. Prosecutors, for their part, asked the court to retry two charges that were left unresolved after the jury failed to reach a unanimous verdict. Those counts are conspiracy to commit money laundering and conspiracy to violate U.S. sanctions. The split led the court to declare a partial mistrial on both charges.
Defense and prosecutors are fighting over protocol control
Storm’s attorneys argued that Tornado Cash functions as a non-custodial protocol, meaning he did not control user transactions and did not intend for the software to be used for criminal activity. They also raised First Amendment arguments tied to the publication of software code.
Prosecutors rejected that view. They argued that Storm facilitated illicit transactions conducted through the platform and profited from that activity. Authorities say the protocol processed more than $1 billion in illegal funds, including transactions linked to North Korea’s Lazarus Group.
No date yet for the final ruling
Industry observers were present at the hearing, including Patrick Wilson and Amanda Tuminelli, who commented on the court’s detailed questioning. According to Eleanor Terrett, the court has not provided a timeline for its final decision on Storm’s acquittal motion.