Attorneys for Tornado Cash developer Roman Storm filed a motion urging the court to reconsider the dismissal of his case, alleging that prosecutors concealed exculpatory evidence related to communications with the Financial Crimes Enforcement Network (FinCEN) dating back to 2023. Storm's attorneys claim the FinCEN documents demonstrate that Tornado Cash does not meet the legal definition of a money transmitting business, as prosecutors have known since 2023. Despite this knowledge, they continued legal action against Storm and Tornado Cash. The defense also referenced a similar case with the Samourai Wallet, suggesting that government conduct may have misled the court regarding FinCEN's guidance. Moreover, the attorneys argued that the cryptocurrency mixer characteristics in both cases are legally relevant for the motion to dismiss. A federal judge previously ruled against the reimposition of sanctions on Tornado Cash amidst these developments, while federal prosecutors have modified the charges but continue their case against Storm.

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