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Topic: Going after Trendon Shavers, Pirateat40, BTCST - page 3. (Read 48539 times)

BCB
vip
Activity: 1078
Merit: 1002
BCJ
Regardless of what happens in the civil case I would expect criminal prosecution. 

"bitcoin is money"

He sole money from people.  And other may have been complicit in this effort.  There is a reason none of the PT's wanted to talk to the SEC. However they may already be cooperating with the government in exchange for leniency. 

Madoff took a whole slew of people down with him.

http://en.wikipedia.org/wiki/Participants_in_the_Madoff_investment_scandal
hero member
Activity: 602
Merit: 500
trendon should be behind bars - 30 years to life.
there is a difference between an honest business going bad and an obvious ponzi scheme meant to destroy investors and reward the perpetrators.
hopefully after SEC is done with him he goes to jail for a long time (after a criminal complaint is filed)
legendary
Activity: 896
Merit: 1006
First 100% Liquid Stablecoin Backed by Gold
This will continue to be a precedent setting case and I believe we'll see criminal prosecution of Trendon and maybe even some of the pass throughs.
As well as an official US legal opinion that bitcoin is legal tender?
its not an official us government legal opinion.  It's just a court ruling that simply stated just because bitcoin is not officially sanctioned money doesn't mean one can accept it without responsibility.  The next interesting concept will be how to legally prove ownership of addresses and BTC inside it.

Again,  This will be a precedent setting case....
+1
BCB
vip
Activity: 1078
Merit: 1002
BCJ
This will continue to be a precedent setting case and I believe we'll see criminal prosecution of Trendon and maybe even some of the pass throughs.
As well as an official US legal opinion that bitcoin is legal tender?
its not an official us government legal opinion.  It's just a court ruling that simply stated just because bitcoin is not officially sanctioned money doesn't mean one can accept it without responsibility.  The next interesting concept will be how to legally prove ownership of addresses and BTC inside it.

Again,  This will be a precedent setting case....
legendary
Activity: 896
Merit: 1006
First 100% Liquid Stablecoin Backed by Gold
This will continue to be a precedent setting case and I believe we'll see criminal prosecution of Trendon and maybe even some of the pass throughs.
As well as an official US legal opinion that bitcoin is legal tender?
its not an official us government legal opinion.  It's just a court ruling that simply stated just because bitcoin is not officially sanctioned money doesn't mean one can accept it without responsibility.  The next interesting concept will be how to legally prove ownership of addresses and BTC inside it.
BCB
vip
Activity: 1078
Merit: 1002
BCJ
FYI,

This is being discussed here:
https://bitcointalksearch.org/topic/m.2884152
hero member
Activity: 560
Merit: 500
I am the one who knocks
This will continue to be a precedent setting case and I believe we'll see criminal prosecution of Trendon and maybe even some of the pass throughs.
As well as an official US legal opinion that bitcoin is legal tender?

What does legal tender have to do with it?
It was my understanding that there was no official US opinion on the fact.  There is now.
legendary
Activity: 1652
Merit: 1128
This will continue to be a precedent setting case and I believe we'll see criminal prosecution of Trendon and maybe even some of the pass throughs.
As well as an official US legal opinion that bitcoin is legal tender?

What does legal tender have to do with it?
hero member
Activity: 560
Merit: 500
I am the one who knocks
This will continue to be a precedent setting case and I believe we'll see criminal prosecution of Trendon and maybe even some of the pass throughs.
As well as an official US legal opinion that bitcoin is legal tender?
BCB
vip
Activity: 1078
Merit: 1002
BCJ
This will continue to be a precedent setting case and I believe we'll see criminal prosecution of Trendon and maybe even some of the pass throughs.
sr. member
Activity: 461
Merit: 251
I'm no lawyer, heck I don't even play one on TV LOL...

But reading the original complaint from the SEC Gov site, this appears to be a Civil complaint, not criminal.

https://www.sec.gov/litigation/complaints/2013/comp-pr2013-132.pdf


Any lawyers can comment?


~BCX~

Sec is only civil. But they will pass on the evidance they collected to everyone.

I can't picture any criminal prosecutor touching this with a ten foot pole.  Civil burden of proof is much lower and the remedies are just monies but criminal is a whole other level.  The proof required on various BTC issues will be a crazy mess for the prosecutor.  BTC addresses and BTC in them can't be owned in a legal sense and if they can be and are payment methods as well then BTC itself is likely an illegal security.  This is what happens when something revolutionary meets old laws.

Seems to be moving forward:
http://www.ibtimes.com/federal-magistrate-says-bitcoin-real-money-he-allows-sec-suit-go-forward-ponzi-scheme-case-1375669?goback=.gde_3721050_member_264189881
legendary
Activity: 896
Merit: 1006
First 100% Liquid Stablecoin Backed by Gold
I'm no lawyer, heck I don't even play one on TV LOL...

But reading the original complaint from the SEC Gov site, this appears to be a Civil complaint, not criminal.

https://www.sec.gov/litigation/complaints/2013/comp-pr2013-132.pdf


Any lawyers can comment?


~BCX~

Sec is only civil. But they will pass on the evidance they collected to everyone.

I can't picture any criminal prosecutor touching this with a ten foot pole.  Civil burden of proof is much lower and the remedies are just monies but criminal is a whole other level.  The proof required on various BTC issues will be a crazy mess for the prosecutor.  BTC addresses and BTC in them can't be owned in a legal sense and if they can be and are payment methods as well then BTC itself is likely an illegal security.  This is what happens when something revolutionary meets old laws.
legendary
Activity: 1498
Merit: 1000

Investors BTC --->  Ponzi ---> His Exchange Account ----> USD in his checking account.


I would imagine the above connection to be hard to prove.

Really?  With the exchange account in his name?  To withdraw $150K would require full KYC and docs.

this.

or pirate would have to claim he got the btc some other way and it was his. like he mined it all back in 2009/2010...   i don't know. seems messy.


Guys the account is in his name sure. Good luck proving the connection with the (alleged) Ponzi though Bitcoins are Bitcoins. In a criminal case Trendon is the accused, he doesn't have to explain how he got the Bitcoins. The prosecution needs to prove how he got it beyond reasonable doubt. IANAL though

But all they would have to do is link him to his pirateat40 account, the lowest charge they can throw at him is an unregistered security.


They still have to prove he received Bitcoins for the investment. (and even then convince the judge this is a value transfer)

Exactly, but since Fincen recognizes virtual currencies so that is a value transfer. I am not a lawyer so I am just guessing at this point.

does it matter at all that this ruling was after he did what he did?

I have no clue, I think it would be retro activate, otherwise, why even go after him?
hero member
Activity: 896
Merit: 500
Dolphins Finance TRUSTED FINANCE
Front Page on Australian news

$4.5 million Bitcoin Ponzi scheme - Man charged in alleged Bitcoin scam

http://www.news.com.au/money/money-matters/man-charged-in-alleged-bitcoin-scam/story-e6frfmd9-1226684102340

sr. member
Activity: 434
Merit: 250
What confuses me is the value of cashing in all those BTC given at around $1.91 each. Unless they're counting each individual "day trade" in that, and him just cashing out his final balance after losses.
legendary
Activity: 1498
Merit: 1000

Investors BTC --->  Ponzi ---> His Exchange Account ----> USD in his checking account.


I would imagine the above connection to be hard to prove.

Really?  With the exchange account in his name?  To withdraw $150K would require full KYC and docs.

this.

or pirate would have to claim he got the btc some other way and it was his. like he mined it all back in 2009/2010...   i don't know. seems messy.


Guys the account is in his name sure. Good luck proving the connection with the (alleged) Ponzi though Bitcoins are Bitcoins. In a criminal case Trendon is the accused, he doesn't have to explain how he got the Bitcoins. The prosecution needs to prove how he got it beyond reasonable doubt. IANAL though

But all they would have to do is link him to his pirateat40 account, the lowest charge they can throw at him is an unregistered security.


They still have to prove he received Bitcoins for the investment. (and even then convince the judge this is a value transfer)

Exactly, but since Fincen recognizes virtual currencies so that is a value transfer. I am not a lawyer so I am just guessing at this point.
sr. member
Activity: 434
Merit: 250

Investors BTC --->  Ponzi ---> His Exchange Account ----> USD in his checking account.


I would imagine the above connection to be hard to prove.

Really?  With the exchange account in his name?  To withdraw $150K would require full KYC and docs.

Have you seen what you can buy on the Silk Road?
donator
Activity: 1218
Merit: 1079
Gerald Davis
does it matter at all that this ruling was after he did what he did?

No.  This kind of thing annoys me because it creates a defacto run around the prohibition on ex post facto laws.  FINCen guidance is that the regulations ALWAYS applied to Bitcoin even before the creation of Bitcoin it applied to any theoretical virtual currency. The guidance was merely clarification of existing law/regulation.
legendary
Activity: 1498
Merit: 1000

Investors BTC --->  Ponzi ---> His Exchange Account ----> USD in his checking account.


I would imagine the above connection to be hard to prove.

Really?  With the exchange account in his name?  To withdraw $150K would require full KYC and docs.

this.

or pirate would have to claim he got the btc some other way and it was his. like he mined it all back in 2009/2010...   i don't know. seems messy.


Guys the account is in his name sure. Good luck proving the connection with the (alleged) Ponzi though Bitcoins are Bitcoins. In a criminal case Trendon is the accused, he doesn't have to explain how he got the Bitcoins. The prosecution needs to prove how he got it beyond reasonable doubt. IANAL though

But all they would have to do is link him to his pirateat40 account, the lowest charge they can throw at him is an unregistered security.
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