TLDR
- Federal prosecutors cited a Sept. 25 appeals court ruling in the Bitcoin Fog case to oppose Roman Storm’s acquittal motion.
- The D.C. Circuit upheld the convictions and sentence of Bitcoin Fog operator Roman Sterlingov.
- Prosecutors say Tornado Cash use in Manhattan establishes venue in New York for parts of Storm’s case.
- Judge Katherine Polk Failla heard arguments on the motion in April 2026 and has not yet ruled.
- Storm said the DOJ “is still coming after me with everything it has.”
Federal prosecutors have pointed to a recent appeals court ruling in the Bitcoin Fog case as they push back against Tornado Cash developer Roman Storm’s bid for acquittal.
In a filing on Monday, prosecutors cited the ruling as supplemental authority in their opposition to Storm’s motion. The case is being heard in the Southern District of New York.
The ruling came on Sept. 25 from the U.S. Court of Appeals for the D.C. Circuit. It upheld the convictions and sentence of Roman Sterlingov, who operated the Bitcoin Fog cryptocurrency mixer.
What the Bitcoin Fog Ruling Said
The D.C. Circuit found that Washington, D.C., was the proper venue for all four counts against Sterlingov. Venue is the location where a case can legally be tried.
For the money-laundering counts, the court relied on evidence that an undercover agent made Bitcoin Fog transactions from his office in D.C.
For the unlicensed money-transmission counts, the court found enough evidence that Bitcoin Fog had served customers in the district.
Prosecutors said the ruling “directly supports” their position in Storm’s case. They argued that Tornado Cash activity in Manhattan was enough to establish venue in New York for Storm’s money-laundering and unlicensed money-transmission conspiracy charges.
They pointed to testimony from Shakeeb Ahmed. Ahmed said he used Tornado Cash from his apartment in Manhattan.
The Dispute Over Venue in New York
In his 2025 acquittal motion, Storm argued that Ahmed’s use of Tornado Cash was not enough to establish venue. He said the transactions did not further the alleged conspiracy.
Prosecutors disagreed. They argued that even short-lived deposits can help a mixer by adding to the pool of transactions used to hide the movement of funds.
They said this reasoning applies to Ahmed’s activity. In their view, it shows his use of the service furthered the alleged conspiracy.
A jury convicted Storm in August 2025 of conspiring to operate an unlicensed money-transmitting business. The jury deadlocked on the money-laundering and sanctions conspiracy charges.
Storm filed his post-trial motion for acquittal in September 2025. He argued that prosecutors failed to prove he intended to help criminals misuse Tornado Cash.
Judge Katherine Polk Failla heard arguments on the motion in April 2026. She has not yet issued a ruling.
A retrial on the deadlocked counts is scheduled for April 26, 2027, if those charges remain pending.
Storm criticized the new filing in a post on X on Monday. “The DOJ is still coming after me with everything it has,” he wrote.
He also pointed to the Treasury Department’s announcement on Monday that it would withdraw its proposed crypto-mixer rule. Storm argued that the government is taking conflicting approaches to crypto privacy tools.
