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Bitcoin as seen from the courts

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jlg222000

In July, lawyers for Ulbricht moved to dismiss the government's indictment against the Silk Road creator. The prosecutor and defense lawyer made some characterizations about bitcoin that, while helpful to their cases, did not seem accurate:

-To emphasize the anonymity of Silk Road, the government alleged (according to the judge) that Bitcoin was an "an anonymous and untraceable form of payment" and "an anonymous online currency." Interesting to learn from the prosecutor that bitcoin is untraceable.

-In order to try to get rid of the money-laundering charge, Ulbricht's lawyer argued that there was a flaw with the charge: there was no financial transaction because Silk Road transacted in bitcoins. The court rightly brushed aside that argument: "Bitcoins carry value—that is their purpose and function—and act as a medium of exchange. Bitcoins may be exchanged for legal tender, be it U.S. dollars, Euros, or some other currency. Accordingly, this argument fails."

This is a lower-court opinion on a preliminary motion; so I'm not reading much into it. But it will be interesting to watch how advocates portray bitcoin in the courts.

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  • Xajaj

    I think there will be a lot of conflicting judgments for bitcoin in the next few years. You can even see now with certain states in the US such as NY v NC.

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  • wildjo

    I agree that it's going to be chaos in the courts for some time. It's going to take them a long while to wrangle with crypto.

    I wonder if the prosecutor knew that he was misleading the court. Would be sanctional breach of the code of professional responsibility. Hard to believe that a federal prosecutor would not know the ins and outs of Bitcoin at this stage of the case.

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  • SilverBullet

    What a interesting story i hope it effect bitcoin or give a black eye.

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  • Hesham_3del

    Thread moved to "Bitcoin & Beyond"

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