联邦检察官援引判例,主张纽约对“混币器”案件拥有管辖权
负责审理罗曼·斯托姆(Roman Storm)“Tornado Cash”案的主审法官收到一份来自联邦检察官的函件。检察官指出,上诉法院维持比特币雾(Bitcoin Fog)创始人罗曼·斯特林诺夫(Roman Sterlingov)定罪判决的决定,支持了检方的立场,即斯托姆在纽约接受审判是合法的。
Tornado Cash 和 Bitcoin Fog 均属于“代币混洗器”软件。这类软件通过汇集用户的加密货币,切断资金流向与来源之间的链上关联,从而隐藏交易路径。
法律争议焦点:管辖权与犯罪地点
周一提交给纽约南区联邦地区法院凯瑟琳·波尔·法伊拉(Katherine Polk Failla)法官的这份函件,引用了华盛顿特区巡回上诉法院于9月25日作出的裁决。该裁决确认了对斯特林诺夫的定罪及其150个月的刑期。
斯托姆此前提出的无罪动议挑战了包括管辖权在内的多项理由,该案已于今年4月进行辩论,目前尚未作出裁决。曼哈顿陪审团于2025年8月裁定斯托姆犯有串谋经营未持牌货币传输业务的罪名,但在洗钱和违反制裁指控上未能达成一致意见(死锁)。
The letter focuses on responding to charges of conspiracy to money laundering and money transmission. Under the U.S. Constitution, crimes must be tried in local jurisdictions where at least part of them occurred.
Comparison of precedents: From Bitcoin Fog to Tornado Cash
In Strinoff, the Washington, D.C. Circuit Court of Appeals held that Washington, D.C., had appropriate jurisdiction, mainly based on a secret reconnaissance operation in which an agent deposited approximately $250 worth of Bitcoin into the Bitcoin Fog from Washington, D.C., and withdrew almost all of it the next day.
Prosecutors argued that the same reasoning applied to Tornado Cash user Shakeeb Ahmed. Ahmed testified that he visited the service "from an apartment in Manhattan."
Storm's defense lawyers had argued that Ahmed's funds stayed in the mixup tank for too short a period of time to constitute any conspiracy. However, the letter refuted that Ahmed's deposits were kept for "a few days," which was equivalent to the operating time of agents in the Bitcoin Fog case.
At a hearing in April this year, Storm's lawyer, Brian Klein, argued that Ahmed had committed the crime before using Tornado Cash and "did not actually use Tornado Cash to carry out his hacking."
Regarding the charge of money transmission, the letter stated that the appeal court found jurisdiction to be appropriate because Bitcoin fog "serves customers in the jurisdiction." Ahmed's testimony showed that Tornado Cash also provided such services in Manhattan.
Defendant response and regulatory developments
Storm posted the document on social media on Tuesday and wrote: "The Justice Department is still doing its best to hold me accountable. They really want to see me convicted."
Storm also mentioned the Ministry of Finance notice filed the same day. In the notice, the Financial Crimes Enforcement Network (FinCEN) withdrew a 2023 proposal that would have required financial institutions to report transactions involving international cryptocurrency muddling. FinCEN said the decision was based on commenters 'concerns that its broad definition of shuffling "could have a chilling effect on legitimate activities."
The notice also states that illegal actors continue to use shuffling tools and FinCEN will continue to monitor them. [TAG
Storm contrasted this with arguments made by prosecutors at Ben Arad's April hearing. Allard had argued that once Tornado Cash primarily served criminals,"even legitimate transactions made through Tornado Cash became illegal." Judge Fayla questioned this at the time: "If this is your theory, I am worried."
Follow-up proceedings
Storm's retrial on two deadlocked charges is scheduled for April 26, 2027, although prosecutors had sought to initiate the proceedings this month. In addition, Alexey Pertsev, who co-developed Tornado Cash with Storm, was convicted of money laundering in the Netherlands in 2024 and is currently under electronic surveillance pending the outcome of the appeal.

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