This thread ended up having pretty nice insights on the topic... And many people posting too fast without looking at their posts. Anyways...
If the DA AUSA (Assistant United States Attorney - remember this is all Federal) believes you are guilty, and believes they can prove it then they should take you to trial; if they do not then they should drop the charges.
The AUSA and my attorney both agreed that the criminal case was a "coin toss" if sent to a jury. We had a few pre-trial motions to try and assume they all failed the only thing left would have been: Was what I was doing, trading Bitcoins on localbitcoins.com a business or not? They claimed it was, we claimed it was not. Since those wet noodles over at FinCEN did not define what constitutes a business as far a volume of transactions and/or volumes of trades and left it specifically ambiguous as "a matter of fact and circumstance" it would have been up to a jury to decide who was/is right.
BTW by not taking my case to trial this question
has still not been decided.
This makes things even more weird. I question myself: what's considered a business? When does one have to acquire a license to trade? Do they emit licenses for Bitcoin traders so that they would be "inside" the law and be able to trade safely? Would a "licensed bitcoin trader" have to require ID to all the people they sell coins to?
If there's no law from FinCEN regulating what's a business or not, I'm curious how did authorities justify deploying people (from policemen to justice) to investigate, search, seize, look your things up and arrest you. There's got to be a reason beyond assets, even if it's a completely ridiculous reason. Maybe I'm failing something (haven't been catching up with the other thread about you).
Questioning your friends and having them give up coins is also very concerning.
Their
motivation for spending all the time, energy, money to follow me, go to the grand jury, indict me, arrest me, etc.
instead of just sending me a fucking one page cease and desist letter is one thing we can try to guess at. My guess is that Aaron got it in his head that I was another Dread Pirate Roberts level cyber criminal and want the bust for his resume. Even when all the evidence, or more specifically the lack of any real evidence, did not support his narrative he just doubled down, went for the search warrants and hoped for the best. All conjecture on my part.
The
legal justification for all of this is that
they claim I was running an unlicensed money transmittal business end of story. If someone runs an unlicensed money transmittal business then the law kicks in and they can do everything they just did to me.
Was I running a business? There is no written guidance or law as far as I can tell. We did not go to trial so the decider of "fact and circumstance" - the jury - did not decide this question.
You could go get a license from FinCEN before you set up to trade on localbitcoins.com - that is an option. I believe it is free. Then you would, of course, have to check and see if you also need a state license which sometimes does cost money.
Then:
You would need to read up on and abide by all KYC/AML, banking, reporting, etc regulations that any money transmitter is bound by law to do - and there are a
lot of them from what I understand. So yes, you probably would be required, as a business with a money transmittal license, to gather all the KYC info on every single person you trade with. Once they give you a license then they have you by the balls for sure.
FinCEN has stated that if it is not a business and you are trading for your own account then you do not need to get a license and none of that KYC/AML stuff would apply.
IANAL, but in real life I have paid hundreds of thousands of dollars to many law firms and discussed most of this with them.