Brian Klein and Keri Axel Secure Mistrial in Tornado Cash SDNY Criminal Case

After a three-week trial, a SDNY jury was unable to convict Waymaker client Roman Storm of money laundering and sanctions charges associated with the crypto software protocol Tornado Cash. As captured by Law360, Storm emerged from Court with a smile and fist raised, and vowed to fight on.

The Waymaker team, led by Brian Klein and Keri Curtis Axel, put on a defense case for Storm including expert and fact witnesses to refute the government’s claims, arguing that Storm merely developed open source software that bad actors misused. After almost a week of deliberations, the jury indicated they were deadlocked on all but one count.

In a statement, Klein stated that there were “serious legal issues” with the single count of conviction, conspiracy to operate an unlicensed money transmission business. Judge Katherine Polk Failla agreed, stated that “the stability of the verdict” is in question. Klein also said that the legal team would “not stop fighting for Roman” and expected him “to be fully vindicated.”

The Waymaker team also included Kevin Casey, Becky James, Ashley Martebano and Viviana Andazola Marquez. Storm was also represented by David Patton and Chris Morel of Hecker Fink LLP.