OK - now in US v. Roman Storm,... | Inner City Press OKX Feed

OK - now in US v. Roman Storm, his Day 4, US trying to keep Chainanalysis out Sealing opposed after Inner City Press put out book on the case, Crypto Tornado & will live tweet, thread below

AUSA Rehn: They want to put in that Chainanalysis ran a relayer and also was a government contractor - but of course there are government contractors, reputable ones, that have engaged in criminal activity Judge: I'm not sure "reputable" is coming in

Storm's lawyer Klein: We should be allowed to put a face on the relayers Judge: But you are putting them on as a custodian Klein: This was a decentralized protocol, they claim it ws all one giant thing working together. Judge: I don't think that's their argument

Storm's lawyer Klein: "One of the witnesses we wanted to call has asserted the Fifth" Amendment [How does that relate to the claim below, made yesterday, using the over-sealing of July 25 transcript?

Judge: I'm not going to let this in as a custodian - if you have a percipient witness who will say it.. [But see below - the issue of unsealing / making public the basis for sealing the July 25 transcript must be addressed

All rise! Jury enters. Judge: Next defense witness. It's Guy Wuollet of a16z Storm's lawyer Patton: How big is your company? AUSA: Objection! Judge: I'll allow the one question. Wuollet: We are big- Judge: That's enough

Wuollet: We decided not to invest in Tornado Cash Storm's lawyer Patton: Did you email Roman Storm why? Wuollet: Yes. I wrote we were fans of Tornado Cash adn interested in following it. Patton: No further questions. Judge: Cross exam? AUSA: Yes.

AUSA: Did you make suggestions about TORN and the relayers? Wuollet: Yes. AUSA: You are on Crypto Twitter? Wuollet: Yes. AUSA: And crypto is used in crime? Wuollet: If someone robs a store I would say the store is used in crime AUSA: Nothing further

Next defense witness: Omid Malekan Storm's lawyer Klein: Where do you live? Malekan: I live on Long Island. I am an adjunct professor at Columbia Business School and I consult. I worked on Wall Street before I learned about crypto.

Malekan: I believe crypto could solve many problems- AUSA: Objection! Judge: Sustained. Mr. Klein, I hope you will remember our discussion. Storm's lawyer Klein: Have you used Tornado Cash? Malekan: Yes, to buy my eth ENS name, to not put a bullseye on my back

AUSA: Objection! Judge: Substained. Jury will disregard. Mr. Klein, if you cannot control your witness he'll come off the stand. Ask bite sized questions. Storm's lawyer Klein: How is Coinbase different? Malekan: It can be hacked for customers' info. Judge: Cross?

AUSA: When did you buy your ENS name with Tornado Cash? Malekan: I believe it was February 2021. AUSA: Have you spoke with the defense? Malekan: Five or so times AUSA: But you haven't been willing to speak with me? Objection Sustained Nothing further, no re-direct

Now a stipulation: Special Agent Dickerman observed a Dutch law enforcement official complete the parsing process, then Special Agent Dickerman ran protocols for Roman Storm. Next defense witness: Stephanie Hurder of Prysm Group [Slides...]

[Hurder is qualified as an expert] Hurder: I found that the Ronin hack did not benefit the TORN token.

Storm's lawyer Axel: How was Peppersec funded? Hurder: It started with crowd-funding... I've reviewed its page on GitCoin on the WayBack Machine AUSA: Objection

Storm's lawyer Axel: Beyond GitCoin, what other funding? Hurder: Something called LAO, and I've seen the paperwork with Dragonfly

Storm's lawyer Axel: When the TORN tokens were sold, did that create the Tornado Cash DAO? Hurder: Yes. Judge: Let's break Jury leaves Judge: Will direct go to lunch? Axel: I doubt it.

Cross examination AUSA: You don't know what was in Roman Storm's mind, do you? Hurder: I don't AUSA: You will agree that North Korean hackers used Tornado Cash? Hurder: According to data provided by the prosecution, I'd have to say yes. AUSA: The defense pays you?

Hurder: As an individual. AUSA: You're making a lot money on this case, aren't you? $500 an hour, and $120,000 over all? Hurder: Approximately. AUSA: How many times did you meet with the defense? Judge: By phone or Zoom or in person? Hurder: Let me think

Hurder: I'd say about ten times. AUSA: You say that people gave up opportunity costs in order to vote in the proposal - worth how much? Hurder: I didn't analyze that. AUSA: You concluded that the Ronin hack was not good for the defendant? Hurder: I did.

AUSA: But didn't the Ronin hackers first deposit on April 4, 2022? Hurder: Yes AUSA: Let's look how the price of TORN changed, together. 3602, in evidence. Let's look at May 19, when Tornado Cash finished with the Ronin funds - TORN went down? Hurder: It did

AUSA: But didn't Bitcoin also go down, by 35% Hurder: It did. AUSA: And Eth. April 4, $3400 and May 19, $1969.92, down 43% Hurder: I'll take your word for it. AUSA: And TORN was only down 19% Hurder: There were other- AUSA: Please Hurder: Yes

AUSA: Each of the founders had over 200,000 TORN and could have decided the election(s), particularly if they had worked together

Re-direct Storm's lawyer Axel: This chart, does it convey your conclusions? Hurder: It does. And I've seen founders' chats where they said they wanted the proposal to pass, but it failed. Axel: Did Peppersec ever own any TORN? Hurder: Not to my knowledge

Judge: OK, the jurors can leave for lunch Juror leave. Storm's lawyer Klein: We have Dr. Green, 2 stipulations - and a video AUSA: We object. It's of Eth 2019 in Boston, with the T-shirt Judge: Why is this going in? The conference is tangential to this case

Storm's lawyer Klein: It's only two minutes Judge: I don't care about its length! I care about the rules of evidence.

AUSA: It is intended to show the defendants operation in a environment that seems legitimate, with the T-shirt on. They already have the CITGO stipulation. The video is classic hearsay Judge: It's a non verbal act? AUSA: That's right Your Honor

AUSA: It's on YouTube - so what, it is a business record they keep on YouTube? 2019 is before the charge period. Judge: It's not coming in. It does not indicate state of mind at all. I'm keeping it out under Rule 403. Will Dr. Green take the whole afternoon? No

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They've back Storm's lawyer Klein: My client is not going to testify. Judge Failla: Mr. Storm, you know you can testify - you have chosen not to testify? Storm: Yes, Your Honor Judge: Thanks for letting me know

Judge: Are you going to rest today? Storm's lawyer Klein: I think we can. Judge: I'll tell the juror they may stay late tomorrow, after closings and my charge. Does the government object? AUSA: No.

Jury enters Storm's lawyer Klein: The defense calls Doctor Matthew D. Green. Please pull out the demonstrative slides. Where do you work? Dr. Green: JHU, including with DARPA grants... Klein: Is there a history of people being tracked on Ethereum? Green: Butarin

Storm's lawyer Klein: How are people targeted, once their wallet is known? Dr. Green: Phishing, fraud - and physical attacks for cryptocurrency.

Storm's lawyer Klein: What did Vitalik Buterin say about the need for privacy on Ethereum? AUSA: Objection, hearsay. Judge: It is. Move on. Klein: Was there a discussion about the need for privacy on Ethereum? Judge: I'll allow it. Were you involved, Dr. Green? No

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Now defense summary witness Move to admit DX 8852 and 8852-A Judge: Admitted. Stipulation about Eth Boston 2019, and photo

Storm's lawyer: The defense rests. Judge: Any rebuttal case, Government? AUSA: No. Judge: Jurors, tomorrow you will hear the summations, and I believe, my legal instructions. Then the case is in your hands, you decide how late to stay

Judge: You should not read Press coverage - you are only allowed to consider the evidence that has come in in this courtroom. All rise. [Jurors leave]

[They return from the break, for the final charge conference - but immediately go into a sidebar. Then: AUSA Rehn: Even if no property enters the US, North Korea sanctions can be violated - that's the Virgil Griffith case [Note: he pled guilty, on the eve of trial

AUSA Rehn: We want a conscious avoidance charge Judge: I will allow that. But what about a good faith charge? I don't want to undercut that. Defense theory of the case, I'll include it as submitted... Before we end, can I see the parties at the sidebar?

Then back, adjourned - story with extra on X for Subscribers coming If like & can, support: extras matthewleeicp.eth 0x83374a5ab3411d95b77aCb657918bb6478894453 Book:

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