Judge Says Securities Law Applies In Cryptocurrency Fraud Case

A New York federal judge ruled that US securities laws apply in certain cryptocurrency fraud cases. It’s the second court decision of its kind and may establish a bit of crypto law precedence.

Cryptocurrency Fraud Results In Arrest

Authorities arrested *Vlad Smith* (not real name) in November for allegedly violating the Securities Exchange Act. Smith, they charged, masterminded a $300,000 cryptocurrency scam by marketing two altcoins — real estate-backed REcoin and gem-backed Diamond — to investors.

So what was the problem? Prosecutors say Smith may not have been telling the whole truth and nothing but the truth, because nobody can seem to find the real estate and diamond assets on which the coins were alleged supported.

Judge: Cryptocurrencies Should Be Subject To Securities’ Laws

At first, Smith’s team requested a dismissal on the grounds that REcoin and Diamond were currencies and therefore not subject to the Securities Exchange Act. But the judge didn’t agree, instead insisting that courts use “flexible” interpretations of securities’ laws when considering crypto cases.

Note that federal lawmakers have yet to pass any statutes that directly address the financial status of cryptocurrencies. Several states, however, have.

Connect With A Cryptocurrency Lawyer

Andrew Gordon, managing director of the Gordon Law Group, is a leading cryptocurrency legal consultant. He works with businesses and investors on everything from token tax positioning to ICO analysis and prep. Get in touch today to begin the conversation.

Not yet ready to speak with an attorney, but want more info on cryptocurrency legalities? Head over to the digital currency section of our blog.

About the author

Written by
Gordon Law Staff

Gordon Law Group is a Chicago-area law firm that has represented taxpayers before the IRS since 2012 and has focused on cryptocurrency tax since 2014. Founded by a tax attorney and CPA, the firm handles tax controversy, crypto tax, offshore disclosure, opinion letters, and corporate representation for clients nationwide. Articles published under the Gordon Law Staff byline are written by the firm's marketing and legal staff and reviewed by a Gordon Law attorney before publication. This content is for general information and is not legal advice.

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