Judge Katherine Polk Failla Sets October 26 Date In Tornado Cash Roman Storm Case

• Judge sets tentative retrial date as acquittal motion decision will determine whether case proceeds or ends.

• Jury deadlock left key charges unresolved, prompting prosecutors to seek retrial on laundering and sanctions counts.

• Defense argues protocol neutrality and free speech, while prosecutors allege facilitation of illicit transactions.

A New York federal court has tentatively set October 26, 2026, for a possible retrial of Tornado Cash co-founder Roman Storm, according to Eleanor Terrett. Judge Katherine Polk Failla scheduled the date while reviewing Storm’s motion for acquittal. The decision will determine whether the case proceeds after earlier mixed jury outcomes.

Court Ties Retrial to Pending Acquittal Ruling

Judge Katherine Polk Failla is still considering Storm’s motion filed under Criminal Rule 29. The motion seeks to overturn his conviction for conspiracy to operate an unlicensed money transmitting business. According to the docket, the retrial will only proceed if the judge denies that request.

Notably, the court has already adjusted its fall calendar to accommodate the case. This move signals preparation despite no ruling on the motion. As a result, both outcomes remain active within the court’s schedule.

Prior Trial Left Key Charges Unresolved

The timeline follows an April 9, 2026 hearing where arguments were presented. Storm’s legal team challenged the sufficiency of the prosecution’s evidence during that session. However, prosecutors also requested a retrial on two unresolved charges.

Those charges include conspiracy to commit money laundering and conspiracy to violate U.S. sanctions. The jury previously failed to reach a unanimous verdict on both counts. As a result, the court declared a partial mistrial on those charges.

Arguments Highlight Dispute Over Protocol Role

During proceedings, Storm’s attorneys argued Tornado Cash operates as a non-custodial protocol. They said he lacked control over transactions and did not intend criminal use. They also raised First Amendment concerns tied to software publication.

However, prosecutors disputed that position. They argued Storm facilitated and profited from illicit activity conducted through the platform. Authorities claim the protocol processed over $1 billion in illegal funds, including transactions linked to North Korea’s Lazarus Group.

Meanwhile, industry figures attended the hearing and commented on the case. Patrick Wilson and Amanda Tuminelli noted the court’s detailed questioning. According to Terrett, no timeline has been given for the final ruling.