After four days of deliberation, the jury in the Roman Storm trial informed the court that they remained deadlocked on certain charges, prompting the judge to use the Allen charge to encourage further discussion.
The Allen charge, sometimes referred to as a 'dynamite charge,' is a special instruction given by the judge to a deadlocked jury, urging them to re-examine their positions and attempt to reach a unanimous verdict.
According to court reports from Inner City Press on Wednesday, Storm's lawyer Brian Klein opposed the directive, arguing that the jury had clearly indicated it was unlikely to reach a unanimous verdict and suggested that the court consider accepting a partial verdict.
Judge Katherine Polk Failla supported the prosecutors, who preferred to continue discussions rather than accept a partial verdict, with U.S. Assistant Attorney Thane Arad stating, 'We'll see when the time comes.'
This move allows the trial to continue, delaying the potential invalidation of the trial while also highlighting the deep divisions within the jury on key aspects of the government’s case.
The Tornado Cash trial verdict could set a precedent for the liability of crypto developers.
Storm, co-founder of the Ethereum-based mixer Tornado Cash, is accused of conspiring to launder over $1 billion in illegal funds, including money linked to the North Korean Lazarus Group hackers. Prosecutors allege he actively promoted the tool to criminals and ignored warnings about its misuse.
The defense claimed that Storm wrote open-source code and had no control over how it was used, raising widespread questions about the liability of software developers in decentralized systems.
The case has significant implications for the boundaries of liability for crypto developers and those writing decentralized software. If all charges are upheld and the maximum penalties imposed, Storm could face up to 45 years in prison.
