The judge refuses to order the DOJ to review the records in the Roman Storm Incident

A federal judge overseeing the prosecutors of the Rome Storm refused to order the Department of Justice to review records of material that could help tornado cash developers at the end of the 30-minute hearing on Friday morning, but she should not have a disclosure issue with the government.

Judge Katherine Polk Fila also ruled that there were no concerns about Brady’s violations of the Department of Justice’s conversation with the Financial Crimes Enforcement Network (FINCEN) about whether the mixer should register as a money transmitter.

If a judge discovers that the prosecutor has withholded information, it could affect the case moving forward.

“There is no need for further review based on the phrase “no additional material of this type,” and based on my view, I don’t think the material is exculpatory,” she said.

There is a difference between “this is what I want to know” and “this is a Brady violation,” the judge noted the Supreme Court precedent requiring prosecutors to share all information that could help the accused with the defendant’s team.

Storm’s defense at the hearing argued that he needed to know what the prosecutors in their case had learned about Finsen’s conversation.

“They are planning to say they are claiming conspiracy to run unlicensed remittances,” defense attorney Brian Klein said. “My question is, who are they supposed to be licensed? … This is all the same question. They just dropped one subpart… but they say they still claim unauthorized money business.”

Turnerene, the prosecutor who worked on the DOJ case against Sambankman Fried, said his team would not argue that tornado cash is necessary to secure a license.

“The term ‘licence’ does not apply here and the ju apprentice will not be directed to the licensing issue. What I intend to prove at trial is that I knew the accused were sending out funds derived from the offenders,” he said.

The judge asked prosecutors at multiple points if they were planning to change other theories or charges in the weeks leading up to trial. The trial is due to be kicked off within two months.

Read more: Despite Blanche’s notes, DOJ still pursues a case of a Roman storm, prosecutors say