According to Foresight News, according to CoinDesk, Katherine Polk Failla, a district judge in the Southern District of New York (SDNY), has rejected Tornado Cash developer Roman Storm's motion to dismiss the criminal charges against him, and said that Roman Storm's arguments about "freedom of speech, not receiving enough notice to indicate that he may have violated the law, and the operation of Tornado Cash" were not convincing enough to overturn the charges of the Department of Justice, and the government made reasonable charges against Tornado Cash. "At this stage of the case, the court cannot simply accept Roman Storm's statement that he was prosecuted simply for writing code. If the jury ultimately accepts this statement, then it will be acquitted. But as a legal issue, I have no reason to make such a decision."

Roman Storm's trial is currently scheduled to begin in New York on December 2 and is expected to last two weeks. If all three charges are convicted, he will face up to 45 years in prison.