Bitcoin Fog founder argues 30-year sentence ‘vastly exceeds’ similar cases

Roman Sterlingov, the man behind the crypto mixer Bitcoin Fog, is contesting a potential 30-year prison sentence following his conviction on several money laundering charges.

In a 37-page sentencing memorandum submitted to the US District Court for the District of Columbia, Sterlingov’s defense team contends that the recommended sentences of 30 and 20 years by the prosecution and Probation Office, respectively, “vastly exceed” the penalties imposed in similar cases.

The defense argued that these recommendations are disproportionately high due to the “cumulative effect” of various enhancements that punish different aspects of the same conduct — specifically, running a large-scale money laundering operation.

Laundering conviction

Sterlingov was convicted earlier this year on multiple counts related to operating Bitcoin Fog, a service that allegedly facilitated the laundering of over $47 million in criminal proceeds.

The government has portrayed him as a central figure in a sophisticated scheme that allowed users to anonymize Bitcoin transactions, effectively making it difficult for law enforcement to trace illegal activities such as drug trafficking and other criminal enterprises.

Prosecutors alleged that Bitcoin Fog, which Sterlingov operated from 2011 to 2021, was used to launder roughly $400 million in Bitcoin connected to illegal activities such as drug trafficking, identity theft, and cybercrime.

Judge Randolph Moss, who is overseeing the case, originally scheduled Sterlingov’s sentencing for Aug. 21. However, the court will now first hear arguments regarding the government’s efforts to seize assets tied to Bitcoin Fog, including 1,354 Bitcoin that have remained dormant since 2012 and a potential $395 million financial judgment.

Circumstantial evidence

However, Sterlingov’s attorneys argued that the case against him relied heavily on circumstantial evidence, noting that key elements such as the Bitcoin Fog server, server logs, private keys, or ledger were never entered into evidence during the trial.

The defense emphasized that he has no prior criminal history and has led an otherwise exemplary life. It also asserted that the jury’s verdict aligns more with aiding and abetting rather than directly running the Bitcoin Fog operation, suggesting that Sterlingov’s role was less central than prosecutors have portrayed.

The defense further argued that the sentencing guidelines, which are heavily influenced by the dollar amounts involved in the offense, do not accurately reflect Sterlingov’s culpability.

It contended that the guidelines’ focus on the value of the laundered funds is misplaced in this case, as it fails to account for the fact that Sterlingov did not personally profit from the transactions and that many of the funds passed through Bitcoin Fog without his direct involvement.