The Tornado Cash developers have filed a motion claiming that the prosecution has been concealing exculpatory evidence related to communications with FinCEN since 2023.

Techub News reports that the lawyer for Tornado Cash developer Roman Storm filed a motion requesting the court to reconsider the motion to dismiss the case, as the prosecution has been concealing evidence of innocence related to communications with the Financial Crimes Enforcement Network (FinCEN) since 2023. According to a letter from Storm's lawyer to Judge Katherine Polk Failla on May 16, FinCEN documents indicate that non-custodial Crypto Assets mixers do not fall under the legal definition of "money transmitting businesses," and the prosecutors have known this at least since 2023. The lawyer stated that despite being aware of FinCEN's guidance on Crypto Assets mixers, the state prosecutors continued to pursue lawsuits against the developers of Samourai Wallet and Tornado Cash. U.S. prosecutors denied withholding evidence, claiming they submitted communications from the Financial Crimes Enforcement Network within the required timeframe to provide documents for the defense and the court during the legal investigation.