Crypto As Commodity, And The Bankruptcy Implications Article Law360 Foley & Lardner LLP Leave a comment

It was a perilously quick rise for Bitcoin that became self-sustaining. As the news spread, more people rushed in to buy, sending the price seemingly ever higher. But Bitcoin finished the year off its highest levels, ending the breakthrough year of 2017 at $13,850. After months of consolidating from its rise earlier in the year, Bitcoin reached new heights in November 2013. Priced at $213 entering the month, Bitcoin doubled to nearly $435 just 12 days later. By the end of the month, it had nearly tripled from there, up to more than $1,200, before ending the year at $805, a real downdraft, but still up from just $541 a couple of weeks before.

The court’s opinion regarding MBC should not be read so broadly as to apply to all crypto-assets. On a motion to dismiss, the court was required to accept as true the allegations that MBC and Bitcoin are virtual currencies with common characteristics. When it comes to the thousand or more different crypto-asset tokens in circulation, it is not so clear that they all function as a medium of exchange, a unit of account or a store of value in the nature and category of Bitcoin. Further, the court’s opinion does not provide sufficient guidance to conduct what would be a fact-based analysis of other crypto-assets. Importantly, the court also noted that the definition of a virtual currency that it relied on was provided “or the purposes” of the complaint at issue. You can track over 10,000 crypto prices on CoinGecko across more than 50 currencies.

There are many currencies that split off from or are derived from Bitcoin, and it is the cornerstone of virtual currencies. The CFTC will no doubt view the My Big Coin decision as a green light to press forward with its virtual currency enforcement efforts regardless of whether the particular type of virtual currency is subject to a futures contract. And in light of the CFTC’s recent focus on virtual currency fraud, and continued growth and development in virtual currency products and markets,22 those efforts are likely to remain vigorous.

My Big Coin

Is a multidisciplinary, plaintiff–side law firm dedicated to protecting investors and consumers from corporate fraud, negligence, and other wrongdoing. As alleged in the CFTC complaint, Defendants misappropriated virtually all of the approximately $6 million they solicited from customers. Defendants allegedly used these misappropriated funds to purchase a home, antiques, fine art, jewelry, luxury goods, furniture, interior decorating and other home improvement services, travel, and entertainment. The My Big Coin Defendants also, allegedly, fraudulently solicited numerous customers in the District of Massachusetts, receiving in excess of $5 million from those customers.

Is BNB a good investment 2023?

BNB Price Forecast for December 2023

Market analysts predict that BNB will not fall below $437.05 in December 2023, with a chance of peaking at $502.25 in the same month. The average trading value is expected to be $449.68.

The court put MBC in the same category as Bitcoin and analogized this virtual currency category to the category of natural gas located anywhere in the natural gas pipeline system. A finding that “gas is gas” as a commodity category may not be an appropriate analogy when applied to all crypto-asset tokens that do not have characteristics that are common with Bitcoin. Certain schemes involving virtual currencies marketed to retail customers by unregistered persons, such as off-exchange leveraged, margined, or financed commodity transactions with persons, even without direct evidence of fraud or manipulation.

Victims lost over $7.5 million to “My Big Coin”

That company was valued on false claims of having licenses to sell cannabis, according to the investor lawsuit. Founded in 2013, My Big Coin allegedly claimed to provide virtual money transfers through a deceptive digital currency, which the founder marketed to investors between 2014 and 2017 using false statements. The creator of a now-defunct cryptocurrency company was given a sentence of more than eight years in jail on Tuesday for scamming consumers and investors out of millions of dollars by falsely advertising a virtual currency called My Big Coin. No, thanks to the Bitcoin protocol, your bitcoin cannot be copied. The word ‘crypto’ in ‘cryptocurrency’ comes from the word ‘cryptography’, a technique that allows for secure communication, meaning that it is impossible to counterfeit bitcoin, unlike fiat.

The company may also have been hoping to live in the cracks between enforcement agencies. When it was charged by the US Commodity Futures Trading Commission with fraud in early 2018, the biz argued that the CFTC does not have jurisdiction over it because it does not offer futures contracts. Unfortunately, the coins had no cooperation with MasterCard and were not backed by gold or other valuable assets. Crater used the cash he received from clients and investors over the course of the scam to purchase a home, automobiles, and more than $1 million worth of jewelry, art, and antiques.

Today, it’s clear that Tether wasn’t holding full reserves behind the in this Bitcoin boom period, so that “it’s almost mechanical that money from nowhere would boost the price,” notes Griffin. Just before the start of each period, Bitcoin prices were under pressure. But in each case, it appeared that a single huge buyer rode to the rescue, pushing the token sharply higher by the end of the 60-minute interlude. The “whale,” whose identity remains a mystery, was using Tether to buy Bitcoin and hike its price. “We saw a regular pattern of very sizable price reversals,” recalls Shams. One of the players most desperate for a boost got a big one.


We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in oureditorial policy. Economic circumstances can affect Bitcoin’s price, as demonstrated during the COVID-19 pandemic. Bitcoin’s price should continue to rise as long as it continues to grow in popularity and its supply cannot meet demand. However, if popularity wanes and demand falls, there will be more supply than demand.

Prosperous Australians Most Likely to Fall Victim to Crypto Scammers

COINCOST is in no way related to the cryptocurrency My Big Coin, its developers and representatives. The case against Crater, of East Hampton, New York, is one of several that U.S. prosecutors and regulators have recently pursued amid concerns about fraud schemes targeting cryptocurrency users. Following the conviction on four counts of wire fraud and three counts of money laundering, he may face up to 30 years in prison. The sentencing has been scheduled for October 27 before a federal district judge. He claimed that its cryptocurrency token, My Big Coin, is backed by $300 million worth of Gold, oil, and other physical assets.

  • As Bitcoin, met the definition of “commodity” under the CEA.
  • As such, it is best to use this metric as a reference alongside other metrics such as trading volume, liquidity, fully diluted valuation, and fundamentals during your research process.
  • You may also check out GeckoTerminal , our comprehensive multichain on-chain charting tool featuring live charts, current trades, market sentiment and more as it happens in real time!
  • He provides performance analysis of hedge funds and investors.

More than $1.3 trillion was wiped off the value of the And bitcoin, the world’s largest digital coin, saw its price slump more than 60%. According to an indictmentunsealed on Wednesday, Crater is being charged with four counts of wire fraud and three counts of unlawful monetary transactions.

But a lot more stalwarts were due to go down unless Bitcoin found a decent foundation after the FTX downfall shook that slender edge. But there’s no question that Bitcoin’s post-FTX sturdiness, capped by its new jump, is a gigantic gift to the enterprises whose fortunes wax and wane with Bitcoin’s price. The stocks for exchanges, miners, and lenders all took a big leg down in the days after meltdown. But since hitting two-year lows in December, miners Riot, Marathon, and Bitfarms have jumped 92%, 150%, and 189% respectively as of Jan. 27. Coinbase, one of the world’s largest exchanges, has advanced 85% from its pre–New Year’s trough, adding $7 billion in market cap. Riot, Bitfarms have all rebounded to near their plateaus just prior to the FTX disaster.

How Can I Store My Bitcoin?

He later connected that the sentence given to Mr. Crater does not justify his greed or right the wrong, but it will keep the public safe from Crater’s greed. Binance Earn for a principal guaranteed approach to earn the same number of Bitcoins deposited to Savings and Staking returned to you along with yields paid out in the same type of token. Bitcoin is valued as a useful form of money, and is measured by its growth of users, merchants and accepted locations.

It’s classic fraud where a fake company claims to be real, and simply taking investors’ money. The founder, Shavers, a Texas resident who went by “pirateat40,” had started Bitcoin Savings & Trust and raised at least 764,000 bitcoins, promising returns as high as 7% per week. The operator invested some of the bitcoins with Mt. Gox, the now defunct Tokyo-based bitcoin exchange, The operator used most of the new bitcoins to pay back prior investors and then stole more than 265,000 bitcoins. Shavers was then ordered to pay $40 million in fines and sentenced to nearly two years in prison. Prosecutors said Mr. Crater founded My Big Coin Pay Inc., a purported cryptocurrency and virtual payment services company based in Las Vegas.

CFTC Whistleblower Alert: Be on the Lookout for Virtual Currency Fraud

The first half of 2016 continued the same, with relatively muted volatility and price consolidation. But by the end of May, the price was picking up and by mid-June, Bitcoin was hitting $700. It didn’t last, though, and Bitcoin was back in the $600s until November 2016. As the year ended, Bitcoin was flirting with $1,000, a level it broke through in early 2017, a watershed year for Bitcoin when it came to national awareness.


Now, she thinks the cryptocurrency could be set for gains — but not for reasons you might expect. The investor, who made his name at Franklin Templeton Investments, told CNBC that his bear case for bitcoin stemmed from rising interest rates and general tighter monetary policy from the U.S. However, Mobius told CNBC that he is sticking for his $10,000 price call in 2023. “Yields plunge along with technology shares” in Standard Chartered’s nightmare 2023 scenario, “and while the Bitcoin sell-off decelerates, the damage has been done,” said Eric Robertsen, the bank’s global head of research.

Subsequently, in March 2014, Mt. Gox reported that it had rediscovered 200,000 bitcoins. Griffin suspects that a similar dynamic is operating today. He says that collusion to prop up Bitcoin would mean that a clique of buyers agrees to purchase together when the price nears a floor. Let’s say that trigger is $16,000, a figure Bitcoin almost always remained just above during its time of extreme stability. If Bitcoin experiences heavy sales threatening to drive its price below $16,000, in our example, the whale club enters en masse.‘s price rose again on April 13, 2011, from $1 to a peak of $29.60 by June 7, 2011, a gain of 2,960% within three months. Bitcoin had a price of zero when it was introduced in 2009. Full BioSuzanne is a content marketer, writer, and fact-checker. She holds a Bachelor of Science in Finance degree from Bridgewater State University and helps develop content strategies for financial brands. The price picked up in early 2023, as traders began expecting a top to rising interest rates, sending Bitcoin back over $20,000. This news helped throw Bitcoin into a tailspin, where it quickly lost more than 50 percent of its value within a few months.

What is B and B coin?

Binance Coin (BNB) is a cryptocurrency that can be used to trade and pay fees on the Binance cryptocurrency exchange. The Binance Exchange is the largest cryptocurrency exchange in the world as of January 2018, facilitating more than 1.4 million transactions per second.

Jordan is also a registered State and City lobbyist, working with clients on government relations, legislation, policy, and other aspects of public affairs. As to how he expected to get away with the alleged scheme, My Big Coin was established in Las Vegas, Nevada, where, presumably, Crater hoped to use its gambling laws to bypass corporate responsibility. The special agent in charge of the Federal Bureau of Investigation, Boston Division, Joseph R. Bonavolonta, said that the Randall Crater lies caused significant harm through loss of tuition money, delayed retirement, and upheaval of lives.

Effort to claim that their proposed tokens or coins are not securities. Platforms have elected to be regulated as money-transmission services. Ideas underlying these markets present significant positive potential.

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