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DOJ cites Bitcoin Fog ruling against Roman Storm venue challenge in New York

Federal prosecutors told Judge Failla a D.C. Circuit ruling in the Bitcoin Fog case supports trying Tornado Cash developer Roman Storm in Manhattan.

Why it matters

The venue question decides where a mixing-case prosecution can be tried, and a loss would move Storm's case out of Manhattan. Separately, FinCEN's withdrawal of the proposed mixer-reporting rule removes a reporting requirement Treasury had planned while leaving the criminal statutes DOJ is using against Storm intact.

Key facts

Federal prosecutors asked Judge Katherine Polk Failla to reject Roman Storm's venue challenge to the money-laundering and money-transmission conspiracy counts.

Reported by CryptoSlate

The filing was made on Monday, with CryptoSlate dating it Oct. 5.

Reported by CryptoSlate

Prosecutors cited a Sept. 25 appeals court ruling that affirmed the convictions and sentence of Bitcoin Fog operator Roman Sterlingov.

Reported by Cointelegraph

The D.C. Circuit affirmed Sterlingov's conviction and 150-month sentence.

150 monthsReported by Decrypt

The jury deadlocked on the money laundering and sanctions charges.

Reported by Decrypt

FinCEN published a withdrawal of its proposed crypto mixing reporting rule on Tuesday.

Reported by Decrypt

Storm, posting as @rstormsf, described potential imprisonment as punishment 'for writing code' and contrasted the case with Treasury's retreat.

Reported by CryptoSlate

What happened

Federal prosecutors filed a letter on Monday with Judge Katherine Polk Failla in the Southern District of New York asking her to reject Roman Storm's venue challenge to the money-laundering and unlicensed money-transmission conspiracy counts against him, citing a Sept. 25 D.C. Circuit ruling that affirmed Bitcoin Fog operator Roman Sterlingov's conviction and 150-month sentence. Cointelegraph reported that prosecutors argued the Bitcoin Fog ruling 'directly supports' their position that Tornado Cash activity in Manhattan was enough to establish venue, pointing to testimony from Shakeeb Ahmed, who said he used Tornado Cash from his Manhattan apartment; Decrypt described the same argument as the letter's claim that a Tornado Cash user's transactions from a Manhattan apartment established venue on two counts. The letter arrived as the Financial Crimes Enforcement Network withdrew a proposed reporting rule for crypto mixing, which CryptoSlate noted does not repeal criminal offenses or decide Storm's case even though the agency recognized lawful crypto privacy. Storm, who posts as @rstormsf, called potential imprisonment punishment 'for writing code' and contrasted the prosecution with Treasury's retreat, CryptoSlate reported. Storm was convicted in Manhattan in August 2025 on the money-transmission conspiracy count, which carries a statutory maximum of five years, and a jury deadlocked on the money-laundering and sanctions counts, Decrypt reported. His acquittal motion, argued in April 2026, remains undecided and his retrial is set for April 26, 2027.

How the story developed

  1. Update

    D.C. Circuit affirms Bitcoin Fog convictions

    The appeals court affirmed Roman Sterlingov's conviction and 150-month sentence and held that venue in Washington, D.C. was proper for all four counts.

    Cointelegraph

  2. Update

    DOJ files letter citing Bitcoin Fog ruling

    Prosecutors asked the court to reject Storm's venue challenge on the money-laundering and unlicensed money-transmission conspiracy counts.

    CryptoSlate

  3. Official statement

    FinCEN withdraws proposed mixer reporting rule

    Treasury moved to withdraw a broad mixer-reporting proposal; CryptoSlate reported the withdrawal does not repeal criminal offenses or decide Storm's case.

    Decrypt

  4. First report

    First report by The Defiant

    DOJ Presses Roman Storm Case as FinCEN Drops Mixer Proposal

    The Defiant

  5. Independent corroboration

    Independently corroborated by CryptoSlate

    DOJ presses Tornado Cash prosecution as Treasury drops mixer reporting plan

    CryptoSlate

  6. Official statement

    Judge Failla hears argument on Storm's acquittal motion

    Arguments were held on the pending motion to acquit, which challenges venue among other grounds; no ruling has issued.

    Cointelegraph

How coverage built up

Independent sources over time, counted the way the consensus panel counts them: a republication of a wire story does not move the line.

6 Oct, 09:215 independent sources7 Oct, 10:00
  • 6 Oct 2026, 09:21 UTC: The Defiant — 1 independent source, 1 reports
  • 6 Oct 2026, 17:00 UTC: CryptoSlate — 2 independent sources, 2 reports
  • 7 Oct 2026, 07:10 UTC: Cointelegraph — 3 independent sources, 3 reports
  • 7 Oct 2026, 09:58 UTC: Decrypt — 4 independent sources, 4 reports
  • 7 Oct 2026, 10:00 UTC: Bitcoin Insider — 5 independent sources, 5 reports

Affected entities

Original sources

PublisherReportRolePublished
The Defiant
Crypto media
DOJ Presses Roman Storm Case as FinCEN Drops Mixer ProposalOriginal
Cointelegraph
Crypto media
DOJ invokes Bitcoin Fog ruling in potential blow to Roman Storm acquittal bidIndependent
Decrypt
Crypto media
Prosecutors Cite Bitcoin Fog Ruling Against Roman Storm's Venue ChallengeIndependent
CryptoSlate
Crypto media
DOJ presses Tornado Cash prosecution as Treasury drops mixer reporting planIndependent
Bitcoin Insider
Aggregator
DOJ Cites Bitcoin Fog Precedent to Fight Roman Storm’s Acquittal BidSyndicated