Interesting debate guys regarding market manipulation. I think aminorex's definition below is a good one (regardless of one's views on the ethics of such an activity):
Market manipulation is generally understood to mean trading for purposes of effecting a price impact, not otherwise in the interest of the trader. For example, sham sales, in which the counterparties have pooled resources, or one party takes both roles, so that transactions occur at their preferred prices, can be used to create a trap for speculators, who trade at prices not determined by market forces, but by the collusion of the manipulator(s).
According to this definition, I believe that market manipulation is indeed happening. The next question is "is this wrong"? vdcc says this is fraud:
No violence, but fraud yes. If you pump/dump coins (or even fake volume and trades) for financial gain, then you are defrauding honest traders.
I'm not convinced, but I'd like to hear further arguments. Here's what I think is fraud:
A whale calls up the owner of an exchange and, says "I want to put up a 5,000 BTC ask wall to scare the fish into selling to me for cheaper, but I don't actually want to risk a bigger whale buying all my coins. Can I pay you 50 BTC to ensure that if someone tries to buy my wall that your trading engine encounters 'technical difficulties'?" If the owner agrees, this is fraud and we have laws that would apply in such a situation. But if two colluding whales buy and sell to each other on the open market to try and make it appear there is more volume at a price higher or lower than what they believe to be the market price, then could not one argue that this is simply "strategy"? Is not everyone still playing by the same rules?
Your concept of fraud is stupidly narrow. Anything calculated to mislead others is fraudulent.
http://en.wikipedia.org/wiki/Stock_manipulationhttp://en.wikipedia.org/wiki/Securities_fraud*edit*
And yes, bitcoins fit the definition of a security.
Shavers sought to dismiss the charges, arguing that Bitcoins were not the equivalent of money, were not regulated by the United States, and that the BTCST investments did not meet the definition of “securities” to confer jurisdiction with the Commission. The Commission disputed Shavers’ contentions, arguing that the BTCST investments were both investment contracts and notes and thus constituted securities.
The Securities Act of 1933 defines a “security” as “any note, stock, treasury stock, security future, security-based swap, bond…[or] investment contract…” 15 U.S.C. § 77b. An “investment contract” is considered to be a catch-all category for products that do not meet the exact contours of a note, stock, or other specified form of indebtedness. As federal securities laws have remained largely unchanged since their enactment in the 1930s and 1940s, courts have increasingly had to determine whether a product constituted an investment contract. The seminal case on this subject is S.E.C. v. W.J. Howey Co., 328 U.S. 293 (1946). In Howey, the U.S. Supreme Court set forth a three-part test to answer this question, holding that
An investment contract is any contract, transaction, or scheme involving (1) an investment of money, (2) in a common enterprise, (3) with the expectation that profits will be derived from the efforts of the promoter or a third party.
In analyzing the Howey factors, Judge Mazzant first found that the BTCST investments constituted an investment of money, noting that Bitcoins could not only be used as money to buy goods and services but also could be exchanged for conventional currencies. Next , Judge Mazzant determined that there existed a common enterprise since the investors were dependent on Shavers’ purported expertise in Bitcoin markets and local connections, and investors were promised a substantial return from these efforts. Finally, there was clearly an expectation that profits would be derived through Shavers’ efforts, as investors were induced to invest through the promise of the astronomical returns. In short, Judge Mazzant concluded that the BTCST investments satisfied the Howey test and could be considered securities.
http://www.forbes.com/sites/jordanmaglich/2013/08/07/court-green-lights-bitcoin-lawsuit-rules-investments-constitute-securities/