DOJ Uses Bitcoin Fog Ruling to Defend New York Venue in Storm Case

Federal prosecutors are using an appeals court ruling in the Bitcoin Fog case to defend New York as the proper venue for unresolved charges against Tornado Cash developer Roman Storm.

The Department of Justice (DOJ) cited the Sept. 25 ruling, in which the D.C. Circuit Court of Appeals affirmed the convictions and sentence of Bitcoin Fog operator Roman Sterlingov. The ruling covered all four counts, including money-laundering and unlicensed money-transmission charges.

Prosecutors argued that the decision supports their position that Tornado Cash activity in Manhattan established venue in the Southern District of New York for Storm’s money-laundering and unlicensed money-transmission conspiracy charges. Venue determines the federal district where a criminal case may be tried.

Prosecutors relied on Ahmed’s testimony that he accessed Tornado Cash while living in Manhattan. Prosecutors also argued that short-lived deposits can help a mixer by increasing the pool of transactions used to obscure the movement of funds.

Storm argued in his Sept. 2025 acquittal motion that Ahmed’s activity did not establish New York venue because the transactions did not further the alleged conspiracy.

Storm was found guilty in August 2025 on the unlicensed money-transmission conspiracy count, while jurors failed to reach verdicts on the money-laundering and sanctions-conspiracy counts. Failla heard arguments on the post-trial motion in April 2026; a decision remains pending.

The court has set April 26, 2027, for a possible retrial on the two unresolved counts.

Storm criticized the government’s filing Monday on X, writing, “The DOJ is still coming after me with everything it has.”