US DOJ Pushes for Retrial Against Tornado Cash Co-Founder Roman Storm, Proposing 2026 Date

The legal saga surrounding Tornado Cash co-founder Roman Storm is far from over, as the U.S. Department of Justice (DOJ) is actively seeking a retrial on two serious charges that previously resulted in a hung jury. Prosecutors recently filed a request with the court, suggesting a new trial commence in early to mid-October 2026.

In a letter submitted on Monday to Judge Katherine Polk Failla of the U.S. District Court for the Southern District of New York, the DOJ explicitly stated its intent to retry Roman Storm on counts 1 and 3 of the superseding indictment. The prosecution anticipates the retrial will span approximately three weeks.

The Core of the Controversy: Tornado Cash and Allegations

Tornado Cash operates as a non-custodial cryptocurrency mixer, designed to enhance transaction privacy on the blockchain by obscuring the flow of funds through a complex mixing process. However, U.S. authorities have leveled accusations that the platform has been exploited by illicit actors, including notorious North Korean hacker groups, to launder over $1 billion in illegal proceeds.

Last August, a jury found Roman Storm guilty of “operating an unlicensed money transmitting business.” Yet, on the more severe charges of “conspiracy to commit money laundering” and “conspiracy to violate international sanctions,” the jury failed to reach a unanimous verdict, leading to a deadlock on these critical counts.

DOJ’s Urgency for a New Trial Amidst Ongoing Motions

Despite Roman Storm’s current filing of a “motion for judgment of acquittal” under Rule 29 of the Federal Rules of Criminal Procedure – a legal maneuver seeking a direct declaration of innocence from the judge – and scheduled arguments for April 9, prosecutors are pressing hard to secure a retrial date. Their rationale is to preempt potential delays stemming from future scheduling conflicts.

The DOJ emphasized its readiness to proceed with a retrial as early as this spring but also indicated a willingness to accommodate the defense team’s schedule. In their letter, prosecutors conveyed:

To avoid further scheduling conflicts and delays, if the Court’s calendar permits, the Government respectfully requests the Court schedule the retrial for approximately October 5 or 12, 2026.

While Storm and his legal counsel view setting a retrial date at this juncture as “premature,” the defense has confirmed its availability for a three-week trial window in late September, early October, or early December, should a retrial ultimately be deemed necessary.

Roman Storm’s Defiance and Financial Strain

Responding to the prosecution’s relentless pursuit, Roman Storm took to social media platform X, vowing an unwavering fight for his freedom. He articulated his frustration and the gravity of the situation:

These two charges carry a maximum penalty of 40 years in federal prison, simply because I wrote open-source code, for a protocol I had no control over, and for transactions I never touched.

Today, the SDNY prosecutors filed a letter to Judge Failla requesting a retrial date. They want to go again in October. The prosecutors want to retry me on 2 counts the jury couldn’t unanimously decide on. A jury of 12 Americans heard 4 weeks of evidence and deadlocked: no… pic.twitter.com/ZG5pGy4Mer

— Roman Storm 🇺🇸 🌪️ (@rstormsf) March 10, 2026

He further elaborated, “The jury was already unable to determine that this constituted a crime, but the prosecutors in the Southern District of New York are simply not giving up, trying again and again, just to get the conviction they want.”

Adding to his plight, Storm revealed that his legal defense fund has been completely depleted by the protracted and costly judicial proceedings, underscoring the immense personal toll of this high-profile case.