Topic: Mt. Gox is an unlicensed money exchanger dealing in &quot;crypto-currency.&quot; - page 3. (Read 9345 times)

http://www.forbes.com/sites/kashmirhill/2013/05/15/the-feds-are-cracking-down-on-mt-gox-not-on-bitcoin/

They came for MTGox, but I was not MTGox, so I did not speak up...

(That said, dude knowingly lied on his application to the bank, this is a "clean" bust. Still, a bad sign.)

Well technically he check the "no" box in 2011 and it was only a couple months ago that the government clarified that they consider cryptocurrency to be money so he did not knowingly lie on the application.

The government always considered Dollars to be money. And Mutum Sigillum transmits money to and from MTGox and it's various customers. It exists solely for the purpose of transmitting money. One of the questions he answered no to was:
"Does your business accept funds from customers and send the funds based on customers' instructions (Money Transmitter)?"
The other was "Do you deal in or exchange currency for your customer?"

Even if Gox was outside of those particular regs (until the FinCEN ruling), Mutum Sigillum wasn't.

They accept and send dollars, also Euros and other money.

I have a bank account setup specifically for sending and receiving money from my paypal account. I use my paypal account to buy and sell stuff online all the time and I send money back and forth from paypal to my bank account. I also transfer money from that bank account to my other bank accounts. Does that mean I am a money transmitter? They setup a bank account to use with their dwolla account. The only difference I can see is that on the end of those dwolla transfers they are buying or selling bitcoins to people as opposed to real world goods as I do.

My read is that after the announcement a few months ago they should have starting playing ball with FinCEN. They apparently didn't and now they are paying the price. What he did or did not say when he opened the account will probably mean absolutely nothing when all of the legal dust clears,

myrkul

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Quote from: notlist3d on May 15, 2013, 04:14:47 PM

I transferred to Dwolla from Mt. Gox yesterday.... now i see no bit coin and no money transferred from all this.

Any idea if i will ever see what was being transferred again?

Most likely. Look for headlines that start: "DHS buys new..."

notlist3d

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I transferred to Dwolla from Mt. Gox yesterday.... now i see no bit coin and no money transferred from all this.

Any idea if i will ever see what was being transferred again?

Babylon

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Quote from: myrkul on May 15, 2013, 03:58:34 PM

Quote from: not.you on May 15, 2013, 03:36:24 PM

http://www.forbes.com/sites/kashmirhill/2013/05/15/the-feds-are-cracking-down-on-mt-gox-not-on-bitcoin/

They came for MTGox, but I was not MTGox, so I did not speak up...

(That said, dude knowingly lied on his application to the bank, this is a "clean" bust. Still, a bad sign.)

Well technically he check the "no" box in 2011 and it was only a couple months ago that the government clarified that they consider cryptocurrency to be money so he did not knowingly lie on the application.

The government always considered Dollars to be money. And Mutum Sigillum transmits money to and from MTGox and it's various customers. It exists solely for the purpose of transmitting money. One of the questions he answered no to was:
"Does your business accept funds from customers and send the funds based on customers' instructions (Money Transmitter)?"
The other was "Do you deal in or exchange currency for your customer?"

Even if Gox was outside of those particular regs (until the FinCEN ruling), Mutum Sigillum wasn't.

They accept and send dollars, also Euros and other money.

anu

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Quote from: impulse on May 15, 2013, 03:09:21 PM

Quote from: anu on May 15, 2013, 02:33:02 PM

Quote from: impulse on May 15, 2013, 02:16:35 PM

The fact that Gox could overlook this requirement is inexcusable. Most everyone else was doing their due diligence to ensure that they were meeting regulatory requirements even before the FinCEN guidance. Now it leaves me wondering what other details they may have overlooked or not considered. Perhaps they are not even operating legally in Japan and if that is the case, a seizure of their servers will most definitely happen eventually. What assurance do we have right now that they are operating legitimately? Personally, I would not feel safe keeping anything of value in their servers right now. Time to jump the Gox ship as far as I'm concerned.

No idea about the US, but there are more than 90,000 pages of relevant BaFin regulation in my country. Expect MagicalTux to read all that crap? We all probably violate regulations when taking a leak the wrong way. This is the whole point, tyranny through complexity. Whatever you do, you violate the law or regulation. So it's completely to the discretion of the so called authorities to seize your property or worse.

So, yeah. MagicalTux probably overlooked a couple of thousand additional regulations and laws.

There is no doubt that governmental regulation is onerous, difficult and obscure, but unfortunately such is the world we live in. The point here is that they don't even seem to be trying. Reading and parsing thousands of pages of obscure documents is exactly what lawyers are for and why they get the big bucks. Hire a fucking lawyer Gox, do your job. They have been doing this for years now, none of these issues should be coming out of left field, at least not if they were serious or competent about their business.

I worked in banks as a contractor for more than 20 years. Much more serious cases than this are no problem. THEY approached me for things like this and in one instance they were fine with me to go skiing for 2 weeks and fix the issue after returning.

This is an agenda and MtGox can't do anything. Do you believe the system we live in has anything to do with concepts like "rule of law" since 12 years?

myrkul

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Quote from: not.you on May 15, 2013, 03:36:24 PM

http://www.forbes.com/sites/kashmirhill/2013/05/15/the-feds-are-cracking-down-on-mt-gox-not-on-bitcoin/

They came for MTGox, but I was not MTGox, so I did not speak up...

(That said, dude knowingly lied on his application to the bank, this is a "clean" bust. Still, a bad sign.)

Well technically he check the "no" box in 2011 and it was only a couple months ago that the government clarified that they consider cryptocurrency to be money so he did not knowingly lie on the application.

The government always considered Dollars to be money. And Mutum Sigillum transmits money to and from MTGox and it's various customers. It exists solely for the purpose of transmitting money. One of the questions he answered no to was:
"Does your business accept funds from customers and send the funds based on customers' instructions (Money Transmitter)?"
The other was "Do you deal in or exchange currency for your customer?"

Even if Gox was outside of those particular regs (until the FinCEN ruling), Mutum Sigillum wasn't.

Hawker

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Quote from: Babylon on May 15, 2013, 03:50:22 PM

Quote from: Hawker on May 15, 2013, 03:44:40 PM

Quote from: dasein on May 15, 2013, 03:36:51 PM

I suspect the DHS has nearly 7 of my bitcoin Cry

I knew i should take it out last night, but I didn't.

They don't. Not even 1.

You think I'll be able to get it?

Of course you will. This Dwolla thing is a nuisance - not a disaster. It will be over and forgotten in a month or so.

QuantPlus

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Proper MSB licensing doesn't seem prohibitively expensive, other bitcoin exchanges have obtained it. The seizure has not provided any basis to conclude that the gov would shut down an exchange, other than failure to have the proper MSB license. Therefore this is very good news because more exchanges will be properly licensed in the future, and so far the focus of gov regulations and enforcement is narrow and does not appear to threaten bitcoin infrastructure or liquidity.

Some comprehensive legal advice:

http://moneytransmitterlicense.blogspot.ca/

An interesting "payments startup" site:

http://www.paymentsbusinessideas.com/

I still think Bitcoin and MSG are a Catch-22...
Sure, you can get all appropriate licensing...
But they will eventually come after BTC itself...
All roads lead offshore.

EuroTrash

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Quote from: Babylon on May 15, 2013, 03:50:22 PM

Quote from: Hawker on May 15, 2013, 03:44:40 PM

Quote from: Hawker on May 15, 2013, 03:44:40 PM

I suspect the DHS has nearly 7 of my bitcoin Cry

I knew i should take it out last night, but I didn't.

They don't. Not even 1.

You think I'll be able to get it?

Just 5 minutes ago I managed to move 100 of mine away.
It took patience and a lot of retries.

Next appointment with Gox withdrawals for me is in 24 hours and one second.

Babylon

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I suspect the DHS has nearly 7 of my bitcoin Cry

I knew i should take it out last night, but I didn't.

They don't. Not even 1.

You think I'll be able to get it?

Hawker

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Activity: 1218

Merit: 1001

I suspect the DHS has nearly 7 of my bitcoin Cry

I knew i should take it out last night, but I didn't.

They don't. Not even 1.

Babylon

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Activity: 938

Merit: 500

CryptoTalk.Org - Get Paid for every Post!

I suspect the DHS has nearly 7 of my bitcoin Cry

I knew i should take it out last night, but I didn't.

dasein

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Proper MSB licensing doesn't seem prohibitively expensive, other bitcoin exchanges have obtained it. The seizure has not provided any basis to conclude that the gov would shut down an exchange, other than failure to have the proper MSB license. Therefore this is very good news because more exchanges will be properly licensed in the future, and so far the focus of gov regulations and enforcement is narrow and does not appear to threaten bitcoin infrastructure or liquidity.

not.you

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http://www.forbes.com/sites/kashmirhill/2013/05/15/the-feds-are-cracking-down-on-mt-gox-not-on-bitcoin/

They came for MTGox, but I was not MTGox, so I did not speak up...

(That said, dude knowingly lied on his application to the bank, this is a "clean" bust. Still, a bad sign.)

Well technically he check the "no" box in 2011 and it was only a couple months ago that the government clarified that they consider cryptocurrency to be money so he did not knowingly lie on the application.

myrkul

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Activity: 532

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