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Topic: man sentenced to 4 years for illegal bitcoin operation (Read 13184 times)

hero member
Activity: 756
Merit: 500
Why people deal in crypto currencies in places where its illegal just register a company in the isle of man and your sound
sr. member
Activity: 293
Merit: 251
Director - www.cubeform.io
Cases in the last year 'James Shadid' presided over: http://dockets.justia.com/search?judge=James+Shadid&court=ilcdce&cases=between&after=2014-1-1&before=2014-12-16

Court records tend not to be lacking, it surely is not a matter of 'hasn't made it into the system yet' etc.  I'm skeptical.
hero member
Activity: 756
Merit: 500
Thats why in early january I will be setting up an exchange in the UK where its more btc friendy,to start with changing up to 5000 dollars per day with no to little wait time depending where you are in the world.Money will be sent to your bank account.
hero member
Activity: 784
Merit: 1000
https://youtu.be/PZm8TTLR2NU
Wut.

He traded $3 million and got 4 years + 3 years supervised released? holy crap seems a bit excessive.

Anyone got PACER? would love more info on this case. It sounds like they nabbed him for not being a money transmitter (IE not having the right paperwork) not because any money laundering had occurred, which is kinda ridiculous if thats the case.

Oh $#!T, I think I know who that is.  Undecided

I'm certain he would not want me to name him, but I know a guy in that area with a sick mine. If it is who I think, there could be more to this story than a mine.

It says he was running an exchange.

Deal in the FEDs market and they call up Merica to lay the Fing pwn down on you.

YOU WILL BE PUNISHED for competing with the USD, as I have warned many times before... the govs are just starting the war... it will get bad.. very bad.. you should have bitcoins competely offline that no one knows you own.  DO NOT PUT THEM IN A bank saftey box like a putz either, they will torture you to find out the passphrase.  No one can know about your stash.. not a soul.  Only put 10-20% of your holdings there.. the NSA knows you have bitcoins when they come for them "I have non" will land you waterboarded for months at utter best.

This one is correct. They will fight viciously until they realize it's hopeless... and then fight some more. Look at the failed war on drugs.

Remember kids, the only thing a capitalist hates more than a communist is a competitor.
member
Activity: 92
Merit: 10
Almost every win for the courts, where the person is accused by a governmental agency, is essentially a win because the person placed himself in that losing position.

The reason is that a defendant can demand to face his accuser. They agency can't come forward and be questioned on the stand. The agency can't swear or affirm anything. Why not? Because the agency is words on paper, and doesn't have a mouth, or a body to take the stand with.

In addition, there hast to be damage or harm done to the agency that can be proven to have been done by the defendant. The agency can't feel pain. The agency can't really express any damage done to it. The closest is a violation of a contract.

In addition, the defendant can counter-claim-sue. His counterclaim has to be answered before that agency can go forward with its case. His claim should be done by himself, as a man, requiring the damaged man present himself so that he can repay him for the damages. If a damaged or harmed man does not come forward, he wins the whole thing. If some human comes forward with a claim of harm of damage, then they go the next step.

This never happened in this case. The guy got scared and made a deal. He hanged himself, essentially.

Smiley

Yes, that's because he was charged as a person subject to the jurisdiction, and not as a man standing in common law.

-- A citizen has no rights but that conferred by law --
sr. member
Activity: 350
Merit: 250

It's obvious this dude wasn't exchanging bitcoins so local students could pay for college tuition.

He was certainly laundering money for at sorts of small time street/net operators...
Probably keeping next to zero KYC/AML records...
Until the Feds put him under a microscope and started doing business with him.

It's very likely that his entire operation has been taken over by the Feds...
Who are now posing as localbitcoins exchangers...
So it's hardly unusual that some dimwits on the web can't find all the details...
Even though the local press has dozens of articles on the case.

Once again Bitcoin is lumped in with petty, street level crime...
Reminds me of the sleazy dude at my Bitcoin Meetup...
That was openly bragging about 6 figure localbitcoins transactions.

Don't you find it at least a little curious that every press report has exactly the same wording (cut and paste journalism) but a national inmate search shows nothing? Instead of spouting a bunch of speculation nonsense why don't you dig up more real verifiable information and let us know what really happened. I'd love to know if the Feds are really targeting Localbitcoins because I use it all the time.
I would speculate they do target LBC, likely the more active traders that trade very large amounts of bitcoin (and that have larger margins). You can probably get around the government investigating you via LBC is to create multiple accounts all with stopping when your business reaches a certain level
legendary
Activity: 1582
Merit: 1064
Banks today could give a shit about bitcoin.  It is far too early for any of them to start to buy bitcoin.  Only Silbert and Winkelvii could be considered 'banks' trying to amass bitcoin and they aren't doing what you allege by manipulating the press to effect prices.

I doubt if banks will try to amass bitcoins, even when they begin dealing in them.
They always try to hedge their exposure to foreign currencies; I am sure bitcoin will be treated like a foreign currency by them.
legendary
Activity: 3990
Merit: 1385
Almost every win for the courts, where the person is accused by a governmental agency, is essentially a win because the person placed himself in that losing position.

The reason is that a defendant can demand to face his accuser. They agency can't come forward and be questioned on the stand. The agency can't swear or affirm anything. Why not? Because the agency is words on paper, and doesn't have a mouth, or a body to take the stand with.

In addition, there hast to be damage or harm done to the agency that can be proven to have been done by the defendant. The agency can't feel pain. The agency can't really express any damage done to it. The closest is a violation of a contract.

In addition, the defendant can counter-claim-sue. His counterclaim has to be answered before that agency can go forward with its case. His claim should be done by himself, as a man, requiring the damaged man present himself so that he can repay him for the damages. If a damaged or harmed man does not come forward, he wins the whole thing. If some human comes forward with a claim of harm of damage, then they go the next step.

This never happened in this case. The guy got scared and made a deal. He hanged himself, essentially.

Smiley
hero member
Activity: 874
Merit: 1002
Yeah I call BS! The media making shit up again to drive prices into the ground so that banking interests can get their hands on an ever increasing stash of bitcoins.
People are so dumb, it is shocking.

If this were true, then you too would be able to "get your hands" on cheap bitcoins.  You don't even have power over the media like presumably the banks do in your accusation.  Yet, when those banks force the media to make bad press driving the price of bitcoin low, nothing prevents you from taking advantage and grabbing some too.  You have a tremendous ability to profit from this.  So stop complaining and go buy some bitcoin. 

Banks today could give a shit about bitcoin.  It is far too early for any of them to start to buy bitcoin.  Only Silbert and Winkelvii could be considered 'banks' trying to amass bitcoin and they aren't doing what you allege by manipulating the press to effect prices.

How do all these conspiracy theorist assholes end up being bitcoin advocates?  One thing for sure about the bitcoin community - it is fucking full of weirdos.  Bitcoin is cool, but it sure attracts the circus freaks.
legendary
Activity: 2156
Merit: 1393
You lead and I'll watch you walk away.

It's obvious this dude wasn't exchanging bitcoins so local students could pay for college tuition.

He was certainly laundering money for at sorts of small time street/net operators...
Probably keeping next to zero KYC/AML records...
Until the Feds put him under a microscope and started doing business with him.

It's very likely that his entire operation has been taken over by the Feds...
Who are now posing as localbitcoins exchangers...
So it's hardly unusual that some dimwits on the web can't find all the details...
Even though the local press has dozens of articles on the case.

Once again Bitcoin is lumped in with petty, street level crime...
Reminds me of the sleazy dude at my Bitcoin Meetup...
That was openly bragging about 6 figure localbitcoins transactions.

Don't you find it at least a little curious that every press report has exactly the same wording (cut and paste journalism) but a national inmate search shows nothing? Instead of spouting a bunch of speculation nonsense why don't you dig up more real verifiable information and let us know what really happened. I'd love to know if the Feds are really targeting Localbitcoins because I use it all the time.
legendary
Activity: 1588
Merit: 1000

It's obvious this dude wasn't exchanging bitcoins so local students could pay for college tuition.

He was certainly laundering money for at sorts of small time street/net operators...
Probably keeping next to zero KYC/AML records...
Until the Feds put him under a microscope and started doing business with him.

It's very likely that his entire operation has been taken over by the Feds...
Who are now posing as localbitcoins exchangers...
So it's hardly unusual that some dimwits on the web can't find all the details...
Even though the local press has dozens of articles on the case.

Once again Bitcoin is lumped in with petty, street level crime...
Reminds me of the sleazy dude at my Bitcoin Meetup...
That was openly bragging about 6 figure localbitcoins transactions.

legendary
Activity: 2156
Merit: 1393
You lead and I'll watch you walk away.
http://qntra.net is the only website on the entire net that is showing this additional news esp. his imate number 72740-083
He is refering to a blog he wrote: http://sharethezing.blogspot.de/ in 2013
Correct me if I'm wrong: I find these posts seem to have a great lack of content and are written without any feelings. What is this? Code?
There is an email adress of the blogger JD (John D Powell) [email protected]
His facebook https://www.facebook.com/jdpowell.sharethezing has been deleted and even excluded from archive.org

Somebody able to contact him with that inmate number to find out what really happened? Though I am pretty sure we will not find this phantom John D. Powell.

I couldn't find him.

AGD
legendary
Activity: 2070
Merit: 1164
Keeper of the Private Key
http://qntra.net is the only website on the entire net that is showing this additional news esp. his imate number 72740-083
He is refering to a blog he wrote: http://sharethezing.blogspot.de/ in 2013
Correct me if I'm wrong: I find these posts seem to have a great lack of content and are written without any feelings. What is this? Code?
There is an email adress of the blogger JD (John D Powell) [email protected]
His facebook https://www.facebook.com/jdpowell.sharethezing has been deleted and even excluded from archive.org

Somebody able to contact him with that inmate number to find out what really happened? Though I am pretty sure we will not find this phantom John D. Powell.

full member
Activity: 183
Merit: 100
This sounds like total BS. Where are the news reports of his arrest? Where are the news reports of his trial? Did they fingerprint him and immediately offer him a plea deal? Where are the indictments of all the people he was selling to/buying from? What department of the government ran the investigation/made the arrest? Arrest records are easy to verify and public record. Did they watch him for 18 months then one day say, "ok, that's enough evidence, let's wrap it up and arrest him"?

Something Awful is getting more clever.

Yeah I call BS! The media making shit up again to drive prices into the ground so that banking interests can get their hands on an ever increasing stash of bitcoins. Total garbage
AGD
legendary
Activity: 2070
Merit: 1164
Keeper of the Private Key
http://qntra.net/2014/12/additional-information-on-a-normal-man-aka-john-d-powell/

Quote
Additional Information On A Normal Man AKA John D Powell
Posted on December 12, 2014 by cazalla   

As John D Powell took a plea deal and plead guilty to two charges of operating an unlicensed money service business, few court documents are available. The documents that are available depict an articulate man who experienced a run of misfortune prior to his involvement with Bitcoin.

In a letter to Judge Shadid, Mr Powell cites the break down of his marriage and stress of surviving an aortic dissection as explanation for his decision to operate an unlicensed Bitcoin exchange. One could be forgiven for mistaking Powell's letter as one penned by a murderer who is remorseful for his crimes and if as claimed by the State, Powell did process USD $3 million in Bitcoin, it's clear it was a beacon of light for him despite yielding to the court in his apology letter.

Powell's letter also shows that he lost an amount of coins when Mt.Gox collapsed.

He writes:

    Judge Shadid –

    It's a well known adage that none of us know how much time we have left, and I may be more acutely aware of that than the average person. My heartbeat is not as dependable as it once was, and surviving an aortic dissection a few years ago intensified the mid-life crisis I was struggling with. I was indeed very lucky to still be alive, but to what end?

    My marriage of twenty five years was being exposed as a sham, stretching back many years, coming to light. I realized I had a far less than satisfactory relationship with my only son because of mindless neglect on my part. I began a personal inventory of how I'd spent my life and it bothers me still, for I haven't yet had the time to make up for my self-centered, career-focused romp.

    While recovering from my illness and reeling from the loss of my comfortable suburban lifestyle, I had time to think. And I had to admit to myself that I wasn't very happy after all.

    It's no stretch to say that I'm far more ashamed of wasting my life in pursuit of materialism than for anything that has brought me to the attention of your court.

    Change has come slowly, but I'm happy to recount how I've found deep contentment by turning attention to community, and away from self-centered endeavors. I have found redemption and renewal by devoting a large portion of my energy to helping those far less fortunate than myself.

    I realize this presents a new and ironic challenge for me, since I'm now in a position where it's harder to provide for my own basic needs. But I can truly say that nothing else provides the joy and satisfaction of things like volunteering at the local homeless shelter or food panty.

    This recovering sensation junkie has finally found his happy place. I just wish this epiphany had come to me earlier in life.

    I know this may sound like some "jail house conversion", but I began to chronicle this new direction in a personal blog several years ago. It is date-stamped and published online at sharethezing.blogspot.com. I look forward to many more positive posts.

    That is the good. Now for the bad and the ugly. I am truly sorry for the actions that have brought me before your court. I didn't take seriously my responsibilities with the business.

    I already knew what I was going to do with any profits, but ended up losing even the original capital used to get it started. I had lost 20k when the Japan-based broker called Mt.Gox suddenly folded, and lost another 25k to market fluctuations over time, so the "business" was fundamentally idle when law enforcement came to see me.

    I'm still happy to note that no one was ever cheated or shorted because my primary goal was to maintain a stellar reputation for fair trading.

    I then had what is now easy to see as a foolish notion to eventually sell the business to one of the many much larger brokers in that realm.

    Having said all that, I accept sole responsibility for my actions and lack of oversight.

    My only request is that as part of my punishment, I be sent somewhere I can be of use – somewhere I can be of service and value to others, I still have a lot to give.

    Thank you for taking the time to read this.

    Respectfully,

    John D. Powell

Other documents which were filed include:

    The Bitcoin wikipedia page.
    The Defendant's commentary on sentencing factors.
    The indictment.
    An exhibit and witness list which only includes a "group of photos".
    The Judgement.

Upon completion of his prison sentence, the conditions of Powell's supervised released include:

    Undertaking cognitive based therapy at his own cost, if financially able.
    Participation in psychiatric services or a mental health program as directed by the US Probation Office.
    Participation in a substance abuse treatment program which includes drug testing.
    Forbidden to operate a business or obtain employment which involves management of cash, credit, other financial instruments including "cyber-based currency" without prior approval of the US Probation Office. Powell must also disclose his conviction to potential employers.

Powell's inmate number is 72740-083.
legendary
Activity: 2156
Merit: 1393
You lead and I'll watch you walk away.
This sounds like total BS. Where are the news reports of his arrest? Where are the news reports of his trial? Did they fingerprint him and immediately offer him a plea deal? Where are the indictments of all the people he was selling to/buying from? What department of the government ran the investigation/made the arrest? Arrest records are easy to verify and public record. Did they watch him for 18 months then one day say, "ok, that's enough evidence, let's wrap it up and arrest him"?

Something Awful is getting more clever.
AGD
legendary
Activity: 2070
Merit: 1164
Keeper of the Private Key
This smells like some kinda fake.
hero member
Activity: 882
Merit: 1006
i wonder why a guy who processed $3mil in transactions couldn't afford to hire an attorney?

$3million at a 5% fee (which is fairly large) works out at $150,000, not a whole lot really.
Q7
sr. member
Activity: 448
Merit: 250
Sounds more like an article written for April's fool joke. By all means that couldn't have been true. I mean there is totally no basis for that person to get charged in court. For operating exchanges?? Come on...gimme a break
hero member
Activity: 608
Merit: 509

Blew it all on drugs, gambling, and hookers?

My best guess was that he was meeting people from localbitcoins, but there aren't any details.  He could have had a black market hidden TOR site of some sort. He could have been trading here at bitcointalk in the Currency Exchange forum. He could have been on the OTC IRC channel, he could have been communicating with people on Reddit.


I'd guess that, yeah, it's any and possibly ALL of that... since -- as enumerated above -- his $3 Million total in a year and a half works out to "only" about $8,000 per day trading, just working Monday thru Friday.

With an average per-sale deal of $1000 that's only 8 daily customers or so... even at $500 max-limit it's less than 20 sales.  Pretty busy for a one man band operation, sure, but with even 1 or 2 co-worker employees it wouldn't even rank as full-time work.

Also remember that he "transacted" or "exchanged" $3 million: that doesn't mean he EARNED $3 million! 

At typical LBC rates he'd probably net something like 5-6% *MAX* on his trades.  That means over the 18 months in question he likely made about $165,000 in total, or about $9100 per month... $458 per day approximately.

$500 bucks a day ain't much fuel for a drugs, gambling, and hookers lifestyle.
$500 bucks a day also ain't so good risk/return on giving up 4 years of your life, rotting in some shitty jail cell  Cry
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