Allen charge issued in Tornado Cash case as legal uncertainty grows over crypto developer accountability


The federal trial of crypto developer Roman Storm entered a tense phase on Wednesday as Judge Katherine Polk Failla issued an Allen charge, a judicial instruction used when jurors appear deadlocked, urging them to re-examine their positions and continue deliberating.

The charge came after several days of stalled discussions in the Tornado Cash-related case, raising questions about how the legal system defines responsibility in decentralized finance.

“The court believes a verdict remains achievable,” Judge Failla said from the bench, affirming prosecutors’ position that further deliberations were preferable to a partial outcome.

Storm’s defense counsel, Brian Klein, objected strongly, asserting that the jury had indicated little chance of reaching unanimity. He instead requested that the court accept a partial verdict and conclude the case.

However, Assistant U.S. Attorney Thane Arad rejected that approach, saying, “Let’s cross that bridge when we get there.” The judge ultimately sided with the prosecution, allowing deliberations to continue under pressure.


What Is an Allen Charge and Why It Matters

An Allen charge—sometimes called a “dynamite charge”—is a legal mechanism used to break a jury impasse. It encourages jurors to re-evaluate their positions and work toward consensus.

Its use signals the court’s desire to avoid a mistrial in a case that has stirred debate across both legal and crypto communities.

“This move shows how high the stakes are—not just for Storm but for the legal treatment of open-source crypto code,” said a legal analyst following the case.


Crypto Legal Community Watches Closely

The trial has attracted widespread attention as a potential precedent-setting case in how developers are held liable for tools used in decentralized protocols.

With deliberations still underway, the outcome remains uncertain. But one thing is clear: the line between code and criminality is being tested in unprecedented ways.

Disclaimer

This content is for informational purposes only and does not constitute financial, investment, or legal advice. Cryptocurrency trading involves risk and may result in financial loss.

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