Topic: Exchange accidentally sent 512 bitcoins after coding error - page 17. (Read 35497 times)

I would say no.

In this case, I would argue that he never had possession, and thus never had an opportunity to return them to the rightful owner.  By statute, and by common sense, in this case the theft wasn't the reception of the coins, but the willful failure to return them.

On the other hand, if they ever moved in the future, I would expect the defendant to end up back in court for theft, and possibly perjury.  No problem with the statute of limitations, because again, the crime happens when the defendant has an opportunity to return them, but fails to do so.

This thread is already too long, but I just gotta respond to that. I think you have that comparison backwards. I know I haven't signed any contract regarding bitcoin. In your example case, the transfer of information to the competitor is irreversible, like bitcoin transactions are irreversible. That employer can't do anything to make the competitor un-know the secrets, so they might try to force them not to take advantage of the information by utilizing laws. Laws that are meant to keep some fairness in society, not to undo things that are impossible to undo. Then your stance would be comparable to "you can't claim NDA, that information was transfered and there's nothing that can be done about it".

Cash changing hands is also permanent and non-fundable, but that doesn't mean that if a huge wad of cash falls into your lap, you can't get in legal trouble if you don't give it back when the rightful owner shows up reasonably soon...

The fact that he took the bitcoins and acknowledges their receipt and professes his right to keep them, he's a little late for that.

If I were in Ben's shoes, even if I were a complete shithead, I would give them back for practical reasons.  So it doesn't cost me more down the road.

If six months down the road BTC becomes worth $100, this could become a $50,000 case rather than a $5,000 one.  Seriously!  At $5,000 it's questionable whether to bother with a lawyer in another jurisdiction.  At $50k, it's a no-brainer, a lawyer will certainly get involved.

When you deprive somebody of their property and convert it to your own use, you're liable for the damages you cause them.  If the BTC you took appreciate tenfold, that definitely counts as damages as well.  You as the thief / converter / etc. run the risk of being found liable for the dollar value of the BTC today or the dollar value of BTC when this finally catches up with you, whichever ends up greater.  That's just sort of the way things like this work out.

hopefully, Ben, you are either totally anonymous, or completely broke and forever unable to pay a large judgment against you.  That's about the only way you're going to be able to keep the 511 BTC that isn't yours.  Since phantomcircuit seems to say he knows who you are... I suppose I'm less worked up over this, cause I feel pretty good that this little forum thread isn't going to be the end of this for you.

Isn't there enough proof to boot this Scammer's Ass out of here for good ?

Does this community really need people who screw over those who strive to make BTC better by atleast offering services ?

Other than scamming 511 BTC, what has Ben Davis done for Bitcoin ?

How many developers will situations like THIS attract to the Bitcoin world ?

Are you saying he could say he didnt get the money? Not in the bitcoin social contract. He couldnt complain about that in the normal course of business(as in 'hey I didnt get the bitcoins I paid for from buying bitcoins because I cant remember the keys to my wallet') and neither can he complain about it now. It all goes to the social contract that he voluntarily accepted. Had he notified the owner before, and said he didnt have his keys, then that would be on the owner. Can you imagine the owner saying he didnt get bitcoins from BenDavis on a sale because the owner forgot his keys?

eh, its just monopoly money. I'd keep it.

LMFAOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO

I'd just give them back because... well, I wasn't raised by shithead parents.  Ben Davis's behavior is reflective of parental failure.

http://www.cps.gov.uk/legal/v_to_z/witnesses_expenses_and_allowances/

Yea different country, I know, but it is the same everywhere, more or less. There is a horde of professional expert witnesses, who make living by being an expert witness for hire. Daddy.

I have not served on juries, but I won lawsuits by writing one paragraph of text.

As opposed to the Lunch Lady providing them ?

I feel as though I stand overshadowed by the mental prowess of a 100+yr old schollar - I am truly humbled  

Hey Ben, did you get that 511BTC donation I sent you?

All a competent attorney has to do is ask them if they are being paid to appear in court and that will cast doubt in the minds of any jury. Not only have I seen movies, I've served on juries. How about you? And I'm no kid. I'm probably old enough to be your father. 

He's admitted several times to "finding" them, and has admitted several times that they came from phantomcircuit. It'd be a tougher case to make if he hadn't, but he's dug himself into quite the hole already. We'll see what his cockiness wins him.

Mt.Gox would be a freely available 3rd-party expert, i would imagine.

kid, go see some court hearing related movies or something.

So called "expert witness" testimony has little value when the either the plaintiff or the defendant provides the "expert". They could be getting paid to testify in which case they will say whatever the person paying them wants them to say.

How does he know his miner didn't find those bitcoins?

BenDavis give them their 511BTC , i need them to process my deposit.  

I'm curious about something.  A hypothetical situation.  If Ben was asleep while the coins were being sent to his wallet, which was stored in an encrypted file on his computer, and when he woke up, he couldn't remember the keys for decrypting that wallet file, would he still owe the sender the bitcoins?