They've got his emails saying he knew money launder happened & he let it happen. If Roman Storm took decisions which showed he's tried to stop it he could've said it in court in defence. He's going to have a difficult time in court.
In that case, I'm interested to see what will be ruled. If the basis is that he knew ML was happening though didn't stop it, I think it will be argued that it is impossible to pick and choose certain transactions from interacting with a smart contract/decentralized and non-custodial protocol, and a complex job (technically) to identify or add any kind of measure to prevent it (any faster than how fast they sanctioned Tornado Cash to begin with).