Judge issues Allen charge after jury deadlocks in Tornado Cash trial, keeping the case alive as questions mount over crypto developer liability.
After four days of deliberations, jurors in the Roman Storm trial told the court they remain deadlocked on some charges, prompting the use of an Allen charge to encourage further discussion.
An Allen charge, sometimes called a “dynamite charge,” is a special instruction a judge gives to a deadlocked jury, urging them to re-examine their positions and attempt to reach a unanimous verdict.
According to court reports on Wednesday by Inner City Press, Storm’s lawyer Brian Klein opposed the charge, arguing that the jury had made it clear a unanimous verdict was unlikely and instead urged the court to consider accepting a partial verdict.
Judge Katherine Polk Failla sided with prosecutors, who preferred to push for continued deliberations rather than accept a partial verdict, with Assistant US attorney Thane Arad saying, “Let’s cross that bridge when we get there.”
The move keeps the trial alive and delays a potential mistrial, but also highlights the jury’s deep divisions over key aspects of the government’s case.
Related: SEC’s Peirce defends transaction privacy as Tornado Cash verdict looms
Tornado Cash trial verdict could set precedent for crypto developer liability
Storm, co-founder of the Ethereum-based mixer Tornado Cash, is accused of conspiring to launder over $1 billion in illicit funds, including money tied to hackers from North Korea’s Lazarus Group. Prosecutors argue he actively promoted the tool to criminals and ignored warnings about its misuse.
The defense claims Storm wrote open-source code and had no control over how it was used, raising broader questions about liability for software developers in decentralized systems.
The case has significant implications for crypto developers and the liability boundaries for writing decentralized software. If convicted on all counts and given the maximum penalties, Storm could face up to 45 years in prison.
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