Hello all! Lawyer reporting for duty

[GlapLaw]

I just wanted to introduce myself. I'm a lawyer based in New York but with a nationwide practice (dealing mainly with fraud and consumer protection). Bitcoin is fascinating to me, both on its own merits and from the legal issues it presents. I think this is apparent from some of the discussions surrounding Hashfast and other custom hardware manufacturers that may have made some mistakes (perhaps an understatement) along the way.

I believe I have a lot to add to some of those discussions, once I'm no longer restricted to newbie-ville. I'm actually interested in writing a series of articles on some of these issues, assuming I can find the time in between doing real lawyering  . One thing I'd be interested in discussing in particular is whether, in the absence of a contractual provision stating otherwise, the purchaser of a product for bitcoins entitled to a refund in bitcoins if the seller fails to deliver?

I believe the answer is yes.

In the meantime, while I'm restricted to the newbie forum (and even beyond) if anyone has any thoughts or interesting legal hypotheticals, I'd be glad to entertain. None of it should be construed as legal advice, however.

Hope everyone is having a wonderful 2014 so far.

[d3rsty]

What are your thoughts on converting BTC directly to silver? Would this be advantageous compared to converting it to USD and putting it in your bank account?

[GlapLaw]

That sounds like a better question for a financial adviser, I think.

But logically speaking, wouldn't the answer depend on how you peg the value of BTC, silver, and the USD? If you think BTC will appreciate more than silver or the USD, it would seem to make sense to keep BTC. If you don't trust BTC and want something more stable, if you think silver will appreciate more than the USD, then it seems to makes sense to go silver. If you believe that whatever you plan to do with the USD will get you a better ROI than silver, USD seems the best bet. If your absolute concern is about safety and liquidity of your money, USD would probably make more sense.

Is there another concern I'm missing?

Not legal advice, just trying to logic this out.

[MsCollec]

Hey law 
I would like to ask you to look at this thread https://bitcointalk.org/index.php?topic=200556.100 and see if there's any help you can render. Thanks

[GlapLaw]

Hey law 
I would like to ask you to look at this thread https://bitcointalk.org/index.php?topic=200556.100 and see if there's any help you can render. Thanks

Hi MsCollec,

First, I'm sorry for all the trouble you're having and the funds you may have lost. That's tough and particularly during the holidays...it's a shame.

The problem generally with situations like this is that the potential defendant is usually judgment proof. Either he or she will be impossible to track down, impossible to make pay, or both. Even if he has done something wrong, most lawyers (unfortunately, myself included) shy away from those kinds of cases. It's perverse, I know, since those bad actors tend to be the worst, but it's the unfortunate reality.

You may have better luck in small claims court. Sorry I can't help more. I really hope it works out for you.

(Not legal advice)

[MsCollec]

Well,  I guess I have to move down to USA and get my lost revenue from him.  Thanks for your help

[burnum]

I would be interested to know if there is a way to sell BTC while jumping through a FinCen Loophole, currently it seems that operating a business that sells it physically like those hologram coins is illegal, would it be ok to sell it through a virtual business in a virtual life as part of high stake entertainment for myself? or does law transfer to the virtual world too?

[GlapLaw]

I would be interested to know if there is a way to sell BTC while jumping through a FinCen Loophole, currently it seems that operating a business that sells it physically like those hologram coins is illegal, would it be ok to sell it through a virtual business in a virtual life as part of high stake entertainment for myself? or does law transfer to the virtual world too?

I'm just going to be honest and tell you I haven't a clue!

But, more importantly, I can't answer specific questions like this absent an attorney client relationship. I can answer general stuff and engage in hypotheticals, but I can't give specific legal advice without such a relationship. Ethical rules attorneys agree to.

[burnum]

I am familiar with the ethics, glad you mention them, glad your here and interested, hope you find the material your looking for too, welcome to the forum!