Prosecutors Use Bitcoin Fog Ruling to Challenge Venue in Tornado Cash Case
October 6, 2026
Prosecutors argue that the Bitcoin Fog ruling supports venue in the Southern District of New York for Storm’s Tornado Cash case, pointing to testimony that a Manhattan-based user, Shakeeb Ahmed, used Tornado Cash from a Manhattan apartment.
They seek to deny Storm’s venue challenge on two counts—money laundering and money transmission conspiracy—by arguing his role with Tornado Cash meaningfully facilitated criminal activity.
A September 25, 2026 appellate ruling in the Bitcoin Fog case is cited to bolster opposition to Storm’s acquittal bid in the Tornado Cash matter.
Overall coverage frames a tension between crypto privacy tools and prosecuting developers, noting ongoing judicial decisions and policy shifts that have not yet resolved the case.
A 2025 DOJ memo from Deputy Attorney General outlines limits on charging mixers for users’ conduct, while permitting charges with clear criminal intent and defining when new charges could target qualifying decentralized software.
Storm criticized the DOJ filing on X and highlighted the Treasury’s withdrawal of a proposed crypto-mixer rule as evidence of conflicting government approaches to crypto privacy tools.
Storm tied the retrial to broader developments in crypto-mixing regulation and enforcement, underscoring ongoing government pursuit of conviction.
Analyses compare Storm to Ross Ulbricht in the clemency context, noting Trump’s 2025 pardon did not extend to Storm or create a blanket exemption for crypto developers.
Market data around Oct 7, 2026 shows mixed activity among major cryptocurrencies, with several coins down and a few notable gainers like BAL and SAND.
A policy shift does not repeal Storm’s conviction; an April 9, 2026 hearing debated whether willful conduct by developers is required and whether maintaining and improving a crypto-mixing service amounts to criminal activity.
Coverage connects Storm’s case to broader debates about Bitcoin Fog sentencing and crypto-mixer regulation, and venue considerations in crypto prosecutions.
Judge Katherine Polk Failla heard Storm’s acquittal motion in April 2026, with a potential retrial on money-laundering and sanctions conspiracy charges set for April 26, 2027 if those counts remain pending.
Summary based on 5 sources
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Sources

CryptoSlate • Oct 6, 2026
DOJ presses Tornado Cash prosecution as Treasury drops mixer reporting plan
Cointelegraph • Oct 7, 2026
DOJ invokes Bitcoin Fog ruling in potential blow to Roman Storm acquittal bid
Pluang • Oct 7, 2026
US prosecutors cite Bitcoin Fog ruling to keep Tornado Cash case in New York
Decrypt • Oct 7, 2026
Prosecutors Cite Bitcoin Fog Ruling Against Roman Storm's Venue Challenge