DOJ Rethinks Crypto Enforcement After Roman Storm Trial

Key Takeaways

• DOJ official signals potential end to retrial in the Roman Storm trial.

• Matthew Galeotti emphasized that writing code alone is not criminal, echoing Storm’s defense.

• DOJ aims to avoid criminalizing innovation in the crypto space.

• New DOJ policy suggests clearer boundaries for developer liability.

• The crypto community views this as a positive shift, though Storm’s sentencing still looms.

DOJ Official Signals Change In Crypto Enforcement

Speaking at the American Innovation Project summit in Wyoming, Matthew Galeotti, acting Assistant Attorney General for the DOJ’s criminal division, discussed a new approach to enforcement involving digital assets.

Galeotti Repeatedly Referred To Cases With Striking Similarities To Storm’s

Source: American Innovation Project

His comments appeared to offer clarity on a policy memo issued in April titled “Ending Regulation by Prosecution”, penned by Deputy Attorney General Todd Blanche.

Roman Storm Trial: Background & Current Status

Who Is Roman Storm?

Roman Storm is the co-founder of Tornado Cash, a decentralized cryptocurrency mixing service. He was indicted in August 2023 on three charges:

• Conspiracy to commit money laundering

• Conspiracy to operate an unlicensed money transmitter

• Conspiracy to violate U.S. sanctions

In August 2025, he was found guilty on one count, operating an unlicensed money transmitter, while the jury deadlocked on the other two.

Source: X (@rstormsf)

Will There Be A Retrial?

As of now, no retrial has been officially scheduled. However, Galeotti’s comments at the summit suggest that a retrial on the unresolved charges may not be pursued.

Galeotti said:

“Our view is that merely writing code, without ill intent, is not a crime.”

This aligns closely with Storm’s long-standing defense, echoed by his legal team and supporters:

“Writing code is not a crime.”

A Shift Toward Balanced Regulation

DOJ Moves Away From Regulation By Prosecution

Galeotti emphasized that the DOJ would no longer treat criminal indictments as a form of policymaking. The department, he said, should not leave developers guessing about the boundaries of legality.

He stated:

“The department will not use federal criminal statutes to fashion a new regulatory regime over the digital asset industry.”

This represents a significant shift in tone, especially in light of high-profile prosecutions like the Roman Storm trial.

Focus On Intent & Control

Galeotti noted that developers who write open-source code without criminal intent should not be prosecuted.

“If a developer merely contributes code…without the specific intent to assist criminal conduct, they are not criminally liable.”

He also outlined key conditions under which future charges will not be approved, including:

• Software is truly decentralized

• It solely automates peer-to-peer transactions

• No third-party custody or control of user assets

Industry Reaction: Cheers & Cautious Optimism

The crypto community, which has rallied behind Storm, welcomed Galeotti’s remarks. Jake Chervinsky, Chief Legal Officer at Variant Fund, commented:

“Roman Storm was just convicted on this exact charge under this exact circumstance… Justice for Roman means dropping the case.”

The American Innovation Project, which hosted the summit, praised the DOJ’s direction. The organization aims to support innovation-friendly regulations and educate policymakers on blockchain technology.

Roman Storm’s Future Still Unclear

Despite the hopeful signs, Storm’s legal journey isn’t over. He still awaits sentencing for the single guilty count. As of publication, no court date has been scheduled.

Until the DOJ formally drops or declines to retry the remaining charges, the Roman Storm trial remains a bellwether case for how the U.S. handles blockchain innovation vs. criminal liability.

FAQ

Who is Roman Storm?

Roman Storm is the co-founder of Tornado Cash, a crypto privacy tool. He was indicted on three charges in 2023 and convicted of one in 2025.

What was he found guilty of?

He was convicted of conspiracy to operate an unlicensed money transmitter. The jury deadlocked on the other two charges.

Will Roman Storm face a retrial?

As of now, no retrial has been scheduled. DOJ statements suggest the department may not pursue one.

What did the DOJ say about writing code?

DOJ officials clarified that writing code without criminal intent should not be treated as a criminal act.

Why is this case important?

The Roman Storm trial has become a symbolic case for how U.S. law treats blockchain developers and the open-source software community.