A motion to postpone the trial filed by Roman Storm, co-founder of Tornado Cash, was recently granted by Judge Catherine Polk-Pailla in lower Manhattan over objections from prosecutors.
According to court documents, Storm’s attorneys requested a delay in the trial due to the complexity of the case and the massive discovery of evidence. “This case requires additional time because it involves complex and novel legal and factual issues,” Storm’s attorneys wrote, adding that “the government has also continued to file extensive discovery in this case (millions of pages of documents, many of which are in Russian and require translation). The defense is still analyzing and conferring with Mr. Storm.”
In a sharply worded rebuttal, Justice Department prosecutors argued that the defense had ample time to review the documents in question. “While the total discovery is extensive, it is far less than the discovery in other recent cases where trials were scheduled much sooner,” prosecutors wrote, adding that “the defendant’s motion does not identify any specific issues with the discovery that would have impeded his efforts to prepare for trial by September 23, 2024, a date that was included in the calendar.” seven months (emphasis in original).”
Judge Faila sided with the defense and postponed the trial, originally scheduled for September 23, to December 2. However, according to The Rage’s court report, the judge had his own reasons for postponing the trial. The judge stated that he made his decision “…to allow sufficient time to consider the legal issues raised by the defense’s motion.”
The report also praises Judge Faila’s understanding of the complex legal issues surrounding the case, which is widely watched in the cryptocurrency industry. Judge Faila appeared to be concerned about whether prosecuting the co-founder of Tornado Cash was appropriate given the actions of the malicious actor on the platform, reportedly asking, “If (Tornado Cash) has 1,000 customers and one of them is a malicious actor, is that criminally liable?”
The judge has yet to rule on Storm’s motion to dismiss the case and other oral arguments related to the evidence in the case. Meanwhile, Tornado Cache developer Alexei Perchev remains in jail in the Netherlands while he appeals after a Dutch court denied him bail, The Block previously reported.
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