PanamaTimes

Friday, Apr 26, 2024

What’s at Stake in the U.S. Case Against a Crypto Rebel

What’s at Stake in the U.S. Case Against a Crypto Rebel

The prosecution of BitMEX co-founder Arthur Hayes could lay down legal markers as digital currency moves into the mainstream.
Ever since Arthur Hayes became a star in the Bitcoin universe, he’s been called many things, from trailblazer to anarchist. On April 6 the former chief executive officer of crypto exchange BitMEX surrendered to U.S. authorities in Hawaii to face a more consequential label: alleged criminal. Six months ago, prosecutors accused him and three others of failing to implement adequate money laundering controls. Hayes pleaded not guilty and was released on $10 million bond pending federal court proceedings in New York.

His legal troubles come at a pivotal moment for the asset he championed. Regulators as well as Wall Street are stepping in to remake the crypto industry as the value of Bitcoin surges. It recently traded at more than $60,000, up from about $7,000 a year ago.

A 35-year-old American who’s long lived in Asia, Hayes had no problem playing the crypto rebel who charged through the guardrails of traditional finance. In 2014 he launched BitMEX, where traders could invest not in Bitcoin itself but in contracts linked to its price moves. (The name is an apparent nod to older markets such as Nymex or Comex where traders swap oil or metals futures.) Contracts can allow traders to take positions quickly, to bet on prices falling as well as rising, and to use leverage to magnify their potential return and risk. “I just loved the fact that with Bitcoin there wasn’t much out there at that time,” the former Citigroup Inc. equities trader told Bloomberg News in a 2018 story. “It was an opportunity to do something on my own, to take some risk, rather than going to some structured, monolithic corporation.”

BitMEX became a force in the burgeoning crypto industry, handling about $65 billion a month in trades by the summer of 2020. Hayes became rich, with some media organizations reporting that he and his two co-founders had become billionaires.

BitMEX, which still operates with offices in Hong Kong and elsewhere, permits traders to take on bets leveraged up to 100 times, a risky way to play a volatile asset. It doesn’t handle normal currency; investors fund their accounts with Bitcoin. Under Hayes, prosecutors say, BitMEX didn’t necessarily ask a lot of questions of people who wanted to trade there. The indictment says its website once advertised that “no real name” or other forms of verification were needed to get an account, just an email address.

Hayes’s motto has been, “I’m a businessman, not a priest.” He spoke of crypto as one of the world’s last free markets, saying at a 2019 industry conference in Taipei that “Bitcoin represents an opportunity—instead of using courts, laws, and violence to govern how money is transferred between individuals and parties, we use open source software, cryptography, and math.” Discussing traditional financial institutions’ criticism of Bitcoin as a tool of criminals and money launderers, Hayes told Bloomberg News in the 2018 story: “I don’t think banks have a leg to stand on.” (Numerous big banks have paid hefty fines for lapses in anti-money-laundering rules.) He said Bitcoin’s technology made transactions more transparent than cash. Hayes incorporated his venture in the Seychelles and at the 2019 forum joked that the main difference between the island nation’s regulators and those in the U.S. was that the Americans cost more to bribe.

That flippancy was on brand for the crypto world but may have proved Hayes’s undoing. The grand jury indictment in New York says, “BitMEX made itself available as a vehicle for money laundering and sanctions violations.” Hayes allegedly knew of claims that hackers who’d ripped off a cryptocurrency exchange were using BitMEX to launder the proceeds of their crime, the court papers say. He also allegedly had knowledge that Iranian residents could be customers, and Iran is subject to U.S. prohibitions. In both instances, BitMEX didn’t implement an anti-money-laundering policy in response, the indictment says.

Hayes and his two co-founders also face civil charges from the Commodity Futures Trading Commission that they ran an exchange without being registered in the U.S. The company was supposed to turn away U.S. customers, but BitMEX solicited them en masse from 2014 through the fall of 2020, says the CFTC. It says BitMEX paid U.S. customers to recruit other clients. Citing internal emails, the CFTC alleges that BitMEX personnel were well aware U.S. customers were using VPNs—virtual private networks—to cover their tracks.
Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
Apple warns against drying iPhones with rice
In a recent High Court hearing, the U.S. argued that Julian Assange endangered lives by releasing classified information.
Global Law Enforcement Dismantles Lockbit Ransomware Operation
Russian opposition leader Alexey Navalny has died at the Arctic prison colony
The President of Argentina Javier Mile does not fly private, he flies commercial, with the citizens he represents. And they LOVE him for it.
Bitcoin Reaches $50,000 for First Time in Over Two Years
Belo Horizonte: Brazil's Rising Carnival Hotspot for 2024
In El Salvador, the 'Trump of Latin America' stuns the world with a speech slamming woke policing after winning a landslide election
Tucker’s interview with Putin is over 50M views on X within the first 5 hours.
Finnish Airline, Finnair, is voluntarily weighing passengers to better estimate flight cargo weight
President Nayib Bukele has proudly announced El Salvador's remarkable achievement of becoming the safest nation in the Western Hemisphere.
Former Chilean President Sebastian Piñera Dies in Helicopter Crash
This farmer seems to understand science a bit more than the event organizer, Klaus Schwab.
Facebook turns 20: From Mark Zuckerberg's dormitory to a $1trn company
The Coolest Dictator in the World" on the Path to Victory in El Salvador
Macron, France and fake news
Indian-Origin Man 'King' Arrested For Smuggling $16 Million Drugs Into US
Can someone teach Americans that not every person with slanted eyes is Chinese?
Europe's Farmers Feeding the People, Protesting Against Politicians Who Do Nothing for Their Country and Serve Only Themselves at Taxpayers' Expense
Paris Restaurant That Inspired 'Ratatouille' Loses $1.6 Million Worth Of Wine
Brazilian Police Investigate Bolsonaro's Son for Alleged Illegal Spying
Police in Brazil Raid Residence of Bolsonaro Associate Over Allegations of Illegal Spying
Border Dispute Escalates as Texas Governor Vows Increased Razor Wire
OpenAI Enhances ChatGPT-4 Model, Potentially Addressing AI "Laziness" Issue
The NSA finally acknowledges spying on Americans by acquiring sensitive data
Report Reveals Toxic Telegram Group Generating X-Rated AI-Generated Fake Images of Taylor Swift
US Border Patrol States 'No Plans' to Remove Razor Wire Installed in Texas
Bitcoin Experiences Approximately 20% Decline in Value
Klaus Schwab recently appointed himself as the Earth's "trustee of the future."
DeSantis Drops Out, Endorses Trump.
Nikki Haley said former President Trump is "just not at the same level" of mental fitness as he was while president in 2016.
Residents of a southern Mexican town set the government palace on fire in response to the police killing of a young man
Samsung Launches AI-Driven Galaxy S24, Ushering in New Smartphone Era
Judge Questions SEC's Regulatory Overreach in Coinbase Lawsuit
The Ecuador prosecutor who was investigating the television studio attack, has been assassinated.
Is artificial intelligence the solution to cyber security threats?
Vivek Ramaswamy suspends his US election campaign and endorses Trump.
Viral Satire: A Staged Satirical Clip Mistaken as Real Footage from the 2024 World Economic Forum in Davos
The AI Revolution in the Workforce: CEOs at Davos Predict Major Job Cuts in 2024
Ecuador Reports 178 Hostages in Prison Gang Standoff
The Startling Cuban Espionage Case That Has Rattled the US Government
Two Armed Men in Ecuador, Dressed as Batman and The Joker Storm the Streets.
Armed Gang Raids Ecuadorian TV Station Following State of Emergency Declaration
Anti-Democratic Canada: Journalist Arrested for Questioning Canadian Finance Minister on Support of Terrorist Group
Ecuador's 'Most-Wanted' Criminal Vanishes from Prison
Mexican Cartel Supplied Wi-Fi to Locals Under Threat of Fatal Consequences for Non-Compliance
Border Surge Leads to Over 11,000 Migrants Waiting in Northern Mexico
Outsider Candidates Triumph in Latin American Elections
As Argentina Goes to the Polls, Will the Proposal to Replace the Peso with the Dollar Secure Votes?
Fatal Shark Attack Claims Life of Boston Woman Paddleboarding Near Bahamas Resort, According to Police
×