Waymaker Files Cert Petition to Pause SDNY Ruling Requiring Criminal Client to Disclose Details of Anticipated Expert Witness Testimony
Published: February 06, 2025
As reported in Law360 on February 5, 2025, Waymaker filed a cert petition on behalf of Storm asking Justice Sonia Sotomayor in a January 31, 2025 filing to pause a ruling by U.S. Judge Katherine Polk Failla ordering Storm to identify his expert witnesses by March 3, 2025. Doing so, wrote the Waymaker team, would reveal information that is constitutionally protected. They argue Judge Failla has misread Federal Rule of Criminal Procedure 16 because the rule only requires a defendant to make an expert witness disclosure if they have asked prosecutors to reciprocate and they comply.
Defendants often decide which experts to call to testify based on what the government presents, said Waymaker. “If the district court imposes a pretrial disclosure order, as was done here, the defendant is forced to disclose to the government far more defense information than he (Storm) ultimately may use at trial.”
Storm is accused of building a service that was used to launder criminal proceeds, including approximately $1 billion by a sanctioned North Korean cybercrime group. He has pled not guilty, arguing he had no control over funds that were funneled into Tornado Cash and never collected fees on their transmission. Storm says he is only a software developer; he is not alleged to have personally touched any cryptocurrency that the government alleges is linked to criminal activity. Storm is represented by Klein, Axel, Counsels Becky James and Kevin Casey and Associate Viviana Marquez of Waymaker.
