The U.S. Department of Justice is seeking another trial for Tornado Cash co-founder Roman Storm. In a letter filed with Judge Katherine Polk Failla in the Southern District of New York, prosecutors said they intend to retry Storm on Counts One and Three of the superseding indictment and proposed a trial date in early to mid-October 2026. The government said the proceeding would likely last three weeks.
Two unresolved counts remain at the center of the case
The retrial request focuses on the charges that were left undecided after the earlier proceedings. A jury previously found Storm guilty on the charge of operating an unlicensed money transmitting business. But jurors could not reach a unanimous verdict on the two more serious counts: conspiracy to commit money laundering and conspiracy to violate sanctions laws.
Tornado Cash is a non-custodial crypto mixer designed to obscure the flow of funds by pooling and mixing transactions. U.S. authorities have argued that the protocol was used by illicit actors, including North Korean hacking groups, and that more than $1 billion in illegal funds was tied to its use.
Rule 29 motion is pending, but prosecutors want a date set now
Storm has already filed a Rule 29 motion under the Federal Rules of Criminal Procedure, asking the judge to enter a judgment of acquittal. Oral argument on that motion is expected on April 9. Prosecutors still asked the court to schedule a retrial in advance, saying that doing so would reduce the risk of later delays caused by calendar conflicts.
According to the filing, the DOJ said it is prepared to begin a retrial as soon as this spring, while also stating that it would work with defense counsel on scheduling. Storm and his legal team said fixing a retrial date now appears premature. At the same time, the defense indicated that if a new trial is required, they would be available for a three-week proceeding in late September, early October, or early December.
Storm pushes back publicly and cites legal funding strain
Storm responded on X after prosecutors moved to keep the case going, saying he would “never stop fighting for freedom.” He also argued that the jury had already failed to conclude that the disputed conduct amounted to a crime, while prosecutors in the Southern District of New York were continuing to press for another chance at conviction.
He added that his legal defense fund has run dry as the case has become longer and more expensive. The next phase now depends on how the court handles the government’s retrial request and Storm’s pending Rule 29 motion.