The document has a section on fair warning, mentioning Ross Ulbricht as an example. They don't believe they needed to.

I don't believe marketing matters that much. The DoJ mentions it because it works well for them with media and jury. 

But Tornado Cash had very pro compliance marketing. Then they just went and looked for internal chats to find something to make them look like they don't care. If you're super careful about your chats, they'll send an undercover to a conference, get you drunk and then make you say something self-incriminating.

I think the only real metric is usage.