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Today’s guilty verdict against Roman Storm for unlicensed money transmission is an unfortunate outcome. Like many in the industry have raised, we agree that non-custodial software through which people engage in self-directed, P2P transactions is not money transmission, and the government erred in charging this count in the first place.
This decision could have a wide-ranging and unintended impact on the blockchain ecosystem as a whole. The lack of regulatory clarity that has long plagued the crypto industry not only impedes innovation, it’s dangerous. Now, developers may fear their projects could run afoul of the law. This result is misaligned with the goals of the current administration and jeopardizes its push to place the United States at the forefront of crypto innovation.
The sole count of conviction (18 U.S.C. § 1960) was driven by the court’s pre-trial legal interpretation, not jury fact-finding. We believe the court erred in discounting FinCEN’s guidance and so broadly defining money transmission. Unfortunately, this may have tied the hands of the jury and dictated the outcome.
But, the fight is not over. Storm has multiple grounds for appeal. And we will continue to support the fight to protect developers—in legislation, regulatory rulemaking, and the courts.
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