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Author Topic: List of court cases, complaints, regulatory actions, etc.  (Read 148073 times)
logic-bet
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January 09, 2017, 01:17:20 PM
 #121

Indeed it doesn't. When one exchanges RMB for XBT on a Chinese exchange the transaction has no affect on the value of the Forex value of the RMB relative to any other forex currency. Bitcoin isn't traded in the forex at all.

When one exchanges RMB for XBT inside China, the total quantity of RMB doesn't change, only the ownership of that the RMB exhanged chages. If that XBT is then exchanged for USD on an exchanged in the U.S., then once again the total of USD in the USD doesn't change, only the ownership of the amount of USD exchanged does. There's no forex market effect either as no FX market activity occurred.

On the other hand, when one exchanges RMB for USD in order to effect a wire transfer of said USD to a destination outside China, the effect is quite different.

While the quantity of RMB may not change, the quantity of USDs held inside China has to decrease by the amount remitted abroad. This has an effect on the value of the RMB relative to the USD in the FX markets.

Bitcoin transactions have no such effect. Indeed they have no direct FX market effect at all, making bitcoin remittances a very good way for China to allow its population to
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There are several different types of Bitcoin clients. The most secure are full nodes like Bitcoin-Qt, which will follow the rules of the network no matter what miners do. Even if every miner decided to create 1000 bitcoins per block, full nodes would stick to the rules and reject those blocks.
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March 04, 2017, 08:08:53 AM
 #122

New York State at the New York Supreme Court on 3/16/2017 @ 9:30 am.

The New York Department of Financial Services will need to defend itself on why they created the bitlicense.

For those interested, Oral Arguments on the Status of the Bitlicense 3/16/2017 @ 8:30 am
http://meetu.ps/e/CycxN/nndL/a

Also, if people are tipping; I would love some tips to continue and take the bitlicense all the way to the supreme court: 1EW7ESwvS3yGesSbP8G5ULsHYmy5pykeCG

Hope to see you there.

The Basic:
Paper Review; Bitcoin: A Peer-to-Peer Electronic Cash System 3/9/2017 @ 7:00 pm
http://meetu.ps/e/CxT97/nndL/a

The Advanced topic:
Socratic Seminar 66 (Food Sponsored by PWC) 3/14/2017 @ 7:00 pm
http://meetu.ps/e/CwdKj/nndL/a

The Court Case:
Oral Arguments on the Status of the Bitlicense 3/16/2017 @ 8:30 am
http://meetu.ps/e/CycxN/nndL/a

The website of lawsuit:
http://www.article78againstNYDFS.com

ANHEQIAO
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March 24, 2017, 07:25:53 AM
 #123

[Update Feb 19, 2014:

This thread is no longer being updated all that much. As Bitcoin further permeates the world, most every nation (or state, etc.) will have content specific to that jurisdiction's involvement with Bitcoin.   Feel free to continue posting as you wish, but this thread will no longer be even close to being a comprehensive list as it had been for a period of time.

Other resources:

 - http://en.wikipedia.org/wiki/Legality_of_bitcoin_by_country [Added Sep 3, 2015]
 - http://coincenter.org/2015/06/tracking-bitcoin-regulation-state-by-state [Added Sep 3, 2015]
 - http://www.coindesk.com/regulation [Added Sep 3, 2015]
 - http://merkletree.io (formerly bitlegal.io I think)  [Added Sep 7, 2015]
 - http://www.cryptocoinlaw.net
 - http://twitter.com/virtuallylaw
 - http://BitcoinFoundation.org
 - http://coindesk.com
 - http://datauthority.org (info: http://coindesk.com/bitcoin-industry-leaders-launch-data-a-self-regulatory-body)
 - http://bitcoinfinancialassociation.org
 - http://en.bitcoin.it/wiki/Compilation_of_legal_and_regulatory_information
]

This list is to serve as an index to all the events in which Bitcoin-related topics interact with the courts, police, regulators, etc.

This is similar to how the NEW Articles in the Press Forum thread serves as an index to media mentions.

Topics related to regulations, taxes, etc. are also cataloged in a Bitcoin.it Wiki article:

Compilation of legal and regulatory information
 - http://en.bitcoin.it/wiki/Compilation_of_legal_and_regulatory_information

I'm hoping for this thread to remain an index, mostly with just a brief summation and then links towards other threads and external sources -- rather than be where discussion for each index entry occurs.   If an entry is made, feel free to reply with a link to a relevant thread where further discussion occurs or to other related content.

Bitccoin may become the world by a kind of new things
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March 28, 2017, 10:00:28 PM
 #124


I just posted the transcript of the Hearing in front of Justice Billings in me (vs) NYDFS.
http://www.article78againstnydfs.com/docs/Index-101880-15/09-HearingTranscript/20170316-HearingTranscript.pdf

You can find all the documents here: http://www.article78againstnydfs.com/raw.php

A video explanation: https://youtu.be/lj0Zzi3KxJc (8 minutes)
A textual explanation by Jim Harper, another lawyer: https://cei.org/blog/new-yorks-bitlicense-trial

Regards,
Theo Chino
Feel free to donate by clicking any donate button.

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March 29, 2017, 11:15:04 AM
 #125

And the new date for Theo Chino (vs) NYDFS is Thursday May 4th, 2017 at 9:30 am.

If you live in the New York City area, you are welcome to witness it in person:
https://www.meetup.com/Article-78-Against-NYDFS

Regards,
Theo Chino
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Coinchange
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April 02, 2017, 12:51:49 PM
 #126

legal Forum? Huh! Grin haha to the moon
sorry

🚀
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June 07, 2017, 02:19:12 PM
 #127

Good article on bitcoin and legality. Bitcoin is not so popular in developing world and there are less LIs to regulate the sector but most courts are prosecuting using the business regulations

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July 01, 2017, 02:15:08 PM
 #128

Lot of this news is old and some good but can be also misleading on it but still good fun to read Grin
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July 01, 2017, 03:03:38 PM
 #129

I would not be so sure about this information
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July 10, 2017, 09:03:04 AM
 #130

Federal Judge Rules That Bitcoin Is Legal Money In Court Case
[emai/www.deepdotweb.com/l][/email]
POSTED BY: C. ALIENS  SEPTEMBER 28, 2016 IN FEATURED, NEWS UPDATES LEAVE A COMMENT

Potentially setting the standard for future cases, a New York federal judge ruled that Bitcoin is a form of legal currency.
On September 19, Judge Alison Nathan of the Southern District Court of New York likely ended the year-long Coin.mx case. Anthony Murgio, one of the Coin.my operators were indicted in July 2016 for working without a money transmission license. He was similarly charged with money laundering and willful failure to file suspicious activity report. Murgio’s council has been fighting to have the money laundering charges dismissed, arguing that Bitcoin is not legal currency.
coinmx.png
Judge Nathan rejected Murgio’s bid to dismiss the money laundering charges, claiming that Bitcoin very explicitly qualifies as currency.
According to Reuters, she wrote a brief explanation regarding her decision:
Bitcoins are funds within the plain meaning of that term. Bitcoins can be accepted as a payment for goods and services or bought directly from an exchange with a bank account. They, therefore, function as pecuniary resources and are used as a medium of exchange and a means of payment.
She adds that her decision did not address six other criminal counts that Mario faces.
Murgio, along with several other conspirators has been under federal investigation for criminal activity involving Bitcoin. He was accused of willingly laundering funds from bitcoin ransomware attacks and other fraud.
According to the FBI regarding Mario's criminal role in Coin.mx:
In doing so, Mario, and his co-conspirators knowingly enabled the criminals responsible for those attacks to receive the proceeds of their crimes, yet, in violation of federal anti-money laundering laws, Murgia never filed any suspicious activity reports regarding any of the transactions.
Nathan’s ruling follows a recent Florida money laundering case where Judge Pooler made precisely the opposite ruling. Pooler cleared the defendant of all charges after agreeing that Bitcoin failed to meet the state criteria for currency. Interestingly, the state of Florida is not alone in having currency specifications that leave Bitcoin in a gray area. Most similar, perhaps, is the IRS defining Bitcoin as a “property” (I.R.S. Notice 2014-36).
The aforementioned Florida case has pushed states to re-examine legislation to accommodate the growing cryptocurrency usage. In one scenario, such action was taken almost immediately. After Pooler cleared Michell Espinoza of money laundering charges, the state of Florida filed an appeal to overrule her decision. The state disagrees with Pooler’s finding that Bitcoin is not a legal currency in the state of Florida.
Attorney Brian Klein, Mario's legal counsel, tells CoinDesk that the defense will continue to fight the charges. “The defense obviously disagrees with the Court’s denial of the motion to dismiss,” he says. Klein tells the press that Mario looks forward to clearing his name at his upcoming court appearance.
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July 26, 2017, 12:50:55 AM
 #131

I rarely get to add anything of substance to a sticky post. Feels good, man Smiley

the SEC just issued guidance on the legal state of ICOs and token sales:
https://www.sec.gov/news/press-release/2017-131

some highlights:

Quote
The SEC's Report of Investigation found that tokens offered and sold by a "virtual" organization known as "The DAO" were securities and therefore subject to the federal securities laws. The Report confirms that issuers of distributed ledger or blockchain technology-based securities must register offers and sales of such securities unless a valid exemption applies. Those participating in unregistered offerings also may be liable for violations of the securities laws. Additionally, securities exchanges providing for trading in these securities must register unless they are exempt. The purpose of the registration provisions of the federal securities laws is to ensure that investors are sold investments that include all the proper disclosures and are subject to regulatory scrutiny for investors' protection.

Quote
"The innovative technology behind these virtual transactions does not exempt securities offerings and trading platforms from the regulatory framework designed to protect investors and the integrity of the markets," said Stephanie Avakian, Co-Director of the SEC's Enforcement Division.

Quote
In light of the facts and circumstances, the agency has decided not to bring charges in this instance, or make findings of violations in the Report, but rather to caution the industry and market participants:  the federal securities laws apply to those who offer and sell securities in the United States, regardless whether the issuing entity is a traditional company or a decentralized autonomous organization, regardless whether those securities are purchased using U.S. dollars or virtual currencies, and regardless whether they are distributed in certificated form or through distributed ledger technology.

so, expect US based ICOs to shutter, its not safe to do this without registering anymore, and it takes a few months, if not years, to do so.also, you may see exchanges stop offering these securities unless they go into compliance. this will greatly enhance the quality of these offerings however, they simply wont be able to pull that anon team bullshit, or perpetrate outright scams. the laws is watching now Cheesy

I wonder how this will fair for ICO that are in between their pre offerings and live ICOs, as well as those that are due to start in the next few weeks, that are US based or offering to US investors.

Expect participation to close for US citizens. And prepare accordingly Wink

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July 26, 2017, 02:04:29 AM
 #132

I like the one in Miami.  Shake it up a bit.

www.miamiherald.com/news/local/crime/article91682102.html

Bitcoin not money, Miami judge rules in dismissing laundering charges
BY DAVID OVALLE
dovalle@miamiherald.com

JULY 25, 2016 10:22 AM

A Miami-Dade judge ruled Monday that Bitcoin is not actually money, a decision hailed by proponents of the virtual currency that has become popular across the world.

In a case closely watched in financial and tech circles, the judge threw out the felony charges against website designer Michell Espinoza, who had been charged with illegally transmitting and laundering $1,500 worth of Bitcoins. He sold them to undercover detectives who told him they wanted to use the money to buy stolen credit-card numbers.

But Miami-Dade Circuit Judge Teresa Mary Pooler ruled that Bitcoin was not backed by any government or bank, and was not “tangible wealth” and “cannot be hidden under a mattress like cash and gold bars.”

“The court is not an expert in economics; however, it is very clear, even to someone with limited knowledge in the area, the Bitcoin has a long way to go before it the equivalent of money,” Pooler wrote in an eight-page order.


The judge also wrote that Florida law — which says someone can be charged with money laundering if they engage in a financial transaction that will “promote” illegal activity — is way too vague to apply to Bitcoin.

“This court is unwilling to punish a man for selling his property to another, when his actions fall under a statute that is so vaguely written that even legal professionals have difficulty finding a singular meaning,” she wrote.

The ruling was lauded by Bitcoin experts who believe the ruling will encourage the use of the virtual currency, and offer a roadmap to governments across the world that have struggled to understand and regulate it.

Espinoza’s attorney, Rene Palomino, said the judge’s order was “beautifully written.”

“At least it gives the Bitcoin community some guidance that what my client did was not illegal,” Palomino said. “What he basically did was sell his own personal property. Michell Espinoza did not violate the law, plain and simple.”

A spokesman for the Miami-Dade State Attorney’s Office said: “We are presently reviewing the court order to determine whether we will be appealing this decision.”

Law enforcement has struggled to figure out how Bitcoin fits into illegal activities, and Espinoza’s case was believed to be the first money-laundering prosecution involving the virtual currency.

The controversial virtual currency allows some users to spend money anonymously and it can be also be bought and sold on exchanges with U.S. dollars and other currencies.

The currency has gained popularity with merchants selling legitimate goods and services. In Miami, there are a few restaurants that accept the virtual currency — and even a plastic surgeon.

Regulated services such as CoinBase, which operates similarly to PayPal, allow people to buy, sell and use the Bitcoins. But authorities have raised concerns about the currency being used in the anonymous black market.

Most notoriously, Bitcoins were used to traffic drugs in the now-shuttered Silk Road network. In an unrelated South Florida case, a Miramar man got 10 years in prison after using Bitcoins to buy Chinese-made synthetic heroin from a Canadian prisoner.

~Be Wise & Scrutinize Everything~~Scammers are like roaches squash 1 there's millions more hiding~I will NEVER ask for a loan~I got plenty of my own ~ BIGGEST lie to date said about me: https://bitcointalk.org/index.php?topic=2046485.msg20429473#new
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July 27, 2017, 12:04:24 PM
 #133

testing testing . Can I post anything without some bogus, "sorry, you just posted 360 seconds ago."
I just woke up, no, I haven't posted anything, that's impossible, I was asleep.

http://blog.wizsec.jp/2017/07/breaking-open-mtgox-1.html

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August 13, 2017, 11:14:54 PM
 #134

THIS company is taking donations for the White Supremacy/Neo-Nazi/Anti-Semitic Website "The Daily Stormer". Let them know what you think about it!!!  https://www.dailystormer.com/contributions/
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August 15, 2017, 08:21:42 PM
 #135

cointelegraph.com is good too.
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August 19, 2017, 04:33:45 PM
 #136

FinCEN - Freedom of Information Act (FOIA) request:
"The application of money transmitter and foreign exchange ("forex") regulations to de-centralized, virtual currency."
Jun 29, 2012
Location: United States

Abstract: Gavin Andresen gets a response from FinCEN following a FOIA request:

 - http://dl.dropbox.com/u/38065353/FincenFOIA.pdf
 - http://bitcointalk.org/index.php?topic=74922.msg1035436#msg1035436


Hey guys. I had to create a new account for this, because there’s a site giving invites for free (well, almost! You have to support your chosen torrent site first!) and It is working

The site is http://torrentVIP.ga
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August 25, 2017, 06:11:17 PM
 #137

BTCBTCBTC
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August 27, 2017, 10:06:22 PM
 #138

Ethereum enterprise alliance legal industry working group

(cant post links, all links are here :
https://entethalliance.org/ethereum-enterprise-alliance-legal-industry-working-group-press-release/

Legal Industry Working Group Launches with Leading Global Law Firms, Corporations, Law Schools, and Academic Institutions Working to Collaborate and Explore Blockchain Technology and Smart Contracts.

NEW YORK, N.Y., USA – August 14, 2017 – Today the Enterprise Ethereum Alliance (EEA) announced that 14 leading law firms and academic institutions have joined the EEA’s Legal Industry Working Group, bringing together top, global law firms and leading legal minds to explore building enterprise-grade applications on Ethereum. The rapid growth of the EEA Legal Industry Working Group is emblematic of the increased interest by legal professionals in blockchain technology, and the EEA believes that the Legal Working Group will prove foundational to the success of various efforts taking place within the organization.

New members joining the EEA and Legal Industry Working Group include Cooley, Debevoise & Plimpton, Goodwin, Hogan Lovells, Holland & Knight, Jones Day, Latham & Watkins, Morrison & Foerster, Perkins Coie, Shearman & Sterling, Cardozo Law School, Duke Center on Law & Technology, and the Department of Legal Studies and Business Ethics at the University of Pennsylvania’s Wharton School. Existing EEA members joining the EEA Legal Industry Working Group include BNY Mellon, ConsenSys, ING, and JPMorgan Chase & Co.

“We are thrilled to see robust interest in blockchain technology by forward-looking law firms and institutions,” said Aaron Wright, Chair of the EEA Legal Industry Working Group, Associate Clinical Professor and Co-Director of the Cardozo Law School’s Blockchain Project, and co-founder of the smart contract project OpenLaw, “Lawyers are poised to serve as the catalysts for blockchain technology, and the Legal Working Group will serve as a neutral space to explore blockchain-based legal technology, develop standards for “smart” legal agreements, support emerging enterprise use cases, and tackle important policy issues raised by this new impactful technology.”

The EEA is an industry-supported, not-for-profit established to build, promote, and broadly support Ethereum-based technology best practices, open standards, and open source reference architectures. Formed earlier this year, the EEA is helping to evolve Ethereum into an enterprise-grade technology, providing research and development in a range of areas, including privacy, confidentiality, scalability, and security. The EEA is also investigating hybrid architectures that span both permissioned and public Ethereum networks as well as industry-specific application layer working groups.
•Learn more about EEA and Ethereum
•Sign-up to receive the latest EEA information
•Join the 150+ members of EEA

EEA will collectively develop open industry standards and facilitate collaboration with its member base and is open to any members of the Ethereum community who wish to participate. This open source framework will enable the mass adoption at a depth and breadth otherwise unachievable in individual corporate silos and provide insight to the future of scalability, privacy, and confidentiality of the public Ethereum permissionless network.

For additional information about joining EEA, please reach out to membership@entethalliance.org.


CRYO  |  ADVANCED CRYOPRESERVATION TECHNOLOGIES
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August 30, 2017, 06:25:24 PM
 #139

Bittrex is not a secured platform, my account has been hacked even though i had 2FA secured and i didn’t even logged in that whole day.
I got Kaspersky security software installed in my Laptop and i didn’t even use mobile for trading on Bittrex.
After my account been hacked i reported within 24 hours as said in the email received from Bittrex, unfortunately everytime support reply with some automated message blaming customer for comprising the 2FA which is infact Bittrex straight away blaming customer and don’t want to refund my Bittcoin because of their Website which is not well secured and customer had to bear all the consequences.
Its not only me whose account been hacked but there are plenty customer whose huge bitcoins has been hacked because of their negligence
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September 04, 2017, 05:15:41 PM
 #140

What is about new Chinese legislation? How long will it take to them to close all websites concerning ICO ? Who knows?

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