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SEC Alleges 'Bitcoin Savings & Trust' Is a Ponzi Scheme

New submitter craighansen writes "The U.S. Securities and Exchange Commission has filed a lawsuit against a man they allege ran a Ponzi scheme using Bitcoin. According to the complaint (PDF), during 2011-2012, Trendon Shavers, operating under the username pirateat40, collected investments of over 700,000 Bitcoins from at least 66 'investors' (a valuation of $4.5M) with the promise of as much as 7% weekly returns. These 'investors' received about 500,000 Bitcoins in returns, so on average, they're probably much better-off than investors in Madoff's scheme. Nevertheless, with the rising value of Bitcoins, the $4.5M investments would be worth $65M at recent pricing if they had actually been left in Bitcoins, which approximates the 1% per day returns that the scheme promised."

36 of 176 comments (clear)

  1. Re:Legal by tripleevenfall · · Score: 2, Insightful

    No, it means investing in them is slightly dumber than we all knew it was yesterday.

  2. interesting by poetmatt · · Score: 2, Interesting

    so they're selectively acknowledging bitcoin? how else can SEC get involved unless this is considered a legitimate security?

    1. Re:interesting by Anonymous Coward · · Score: 4, Insightful

      You think the SEC cares if it is a legitimate security?

      The funny thing is that even if it is not a ponzi scheme, it is still an unregistered bank, which is illegal in and of itself.

      You can't escape regulation just by doing business with bitcoin instead of dollars.

    2. Re:interesting by Anonymous Coward · · Score: 3, Informative

      The SEC does *not* regulate currencies. It does, however, regulate investment companies, with the protection of the public in mind.

    3. Re:interesting by 1s44c · · Score: 2

      so they're selectively acknowledging bitcoin? how else can SEC get involved unless this is considered a legitimate security?

      For the amount of money involved I think they would be involved if it was a scam involving sea shells or wooden tally sticks.

  3. Ponzi schemes (or securities) aren't USD-only by sirwired · · Score: 4, Insightful

    Why would you think it's not considered a legitimate security? A Ponzi scheme can be built on anything you like; if it's an investment, the SEC has jurisdiction.

    The feds may not like BitCoins, but that's mainly due to their use for money-laundering, not because they have some sort of deep-seated fear that the USD will start feeling the heat of competition.

    1. Re:Ponzi schemes (or securities) aren't USD-only by __aaltlg1547 · · Score: 2

      Think about it. The US dollar has always had PLENTY of competition. You want to do business in Mexican pesos or British pounds? That's always been legal. The only thing you can't do is refuse to acknowledge dollars as legal tender.

    2. Re:Ponzi schemes (or securities) aren't USD-only by Anonymous Coward · · Score: 2, Informative

      It's not a lie. They can refuse to provide goods and services in exchange for cash, because neither goods nor services are debts.

    3. Re:Ponzi schemes (or securities) aren't USD-only by Ares · · Score: 2

      Wrong! The line about "legal tender for all debts public and private" is a lie.

      Wrong! There is a difference between debts and "goods and services". From your link:

      This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services.

      The banks issuing your credit cards, or holding your car loan or mortgage must accept US Currency as legal tender in payment for that loan. There are certain schools of thought that hold that if they don't, they have lost the ability to collect on that debt. Following that school, If a car dealer and I signed a purchase agreement for a car, a debt has been created. If I offer to pay in cash and the dealer refuses, the car could well be mine for free under the law.

      You are correct, however, on the goods and services, unless the goods and services have been delivered prior to payment, in which case a debt does indeed exist.

  4. Re:Legal by Znork · · Score: 4, Insightful

    Actually, in this case it means quite the opposite; investing your bitcoins in something (a scam in particular) is worse than investing _in_ bitcoins.

    If the investors had merely been sitting on their bitcoins they would have gotten the returns he promised (although in dollar value).

  5. Re:Auto refresh by Mister+Transistor · · Score: 2

    Turn off Javascript. Try he NoScript plugin if you are using FireFox.

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  6. Re:Legal by pantaril · · Score: 4, Insightful

    No, it means investing in them is slightly dumber than we all knew it was yesterday.

    No, it means investing in bitcoin-denominated ponzi schemes is dumb, running ponzi schemes is illegal and keeping their saving in bitcoins would be good idea for people scammed by pirate40.

  7. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  8. Re:Legal by Joce640k · · Score: 2

    No, it means investing in them is slightly dumber than we all knew it was yesterday.

    Every time I read these stories I wonder if I'm doing the right thing by not investing in the continued stupidity of other people. It seems a more reliable investment than any others I've made recently.

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  9. Re:Covered before on slashdot, a year ago. by oodaloop · · Score: 5, Funny
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  10. Re:Legal by XenithOrb · · Score: 5, Insightful

    This really has nothing to do with bitcoin itself, and is just someone trying to use them to scam people. Nothing new here.

  11. Re:8% weekly - what kind of idiot believes that ?? by petermgreen · · Score: 3, Insightful

    Not really, the fact is with bitcoin having climed so fast there isn't really much you could invest it in that would have performed better than just holding the bitcoins. I guess you could make bitcoin denominated loans but the combination of lack of effective regulation and the aforementioned rise in bitcoins value would probablly lead to an extremely high default rate on such loans.

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  12. Re:Covered before on slashdot, a year ago. by Sockatume · · Score: 2

    Neither Slashdot, the article, nor the SEC are saying that it is a bitcoin problem; it's your standard scheme exploiting irrationality around a commodity, that happens in this case to be bitcoins.

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    No kidding!!! What do you say at this point?
  13. Re:Legal by Archangel+Michael · · Score: 5, Insightful

    Never underestimate the power of greed to suspend normal thinking processes.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  14. Re:Legal by RabidReindeer · · Score: 4, Insightful

    Doesn't this mean bitcoin is now illegal?

    No, it means that bitcoins are just like real money! You can commit real financial fraud with them.

  15. Re:Legal by Anonymous Coward · · Score: 2, Insightful

    Which is exactly why I don't try to invest in the stupidity of others. I'm smart enough to realize that I'm dumb enough to end up on the wrong side.

  16. Re:Money, Its all a ponzi scheme by Sockatume · · Score: 4, Informative

    Not sure you have a good grasp of what a Ponzi scheme involves. In a Ponzi scheme there's no making money off other people's money. There's no making money off anything. It's like trying to build a hill in a sandbox. You drag the sand in to the middle, which makes the middle go up, but the edges go down to form a moat. So you drag sand in from further away. The moat gets deeper, and the hill gets higher. The total amount of sand stays the same; all that happens is that it is redistributed. So long as you keep dragging sand around, people think the hill will get bigger forever, because the moat's never in the same place very long.

    Except when you run out of sand and have no way to fill in the moat.

    http://en.wikipedia.org/wiki/Ponzi_scheme

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    No kidding!!! What do you say at this point?
  17. Re:Legal by 1s44c · · Score: 3, Interesting

    This really has nothing to do with bitcoin itself, and is just someone trying to use them to scam people. Nothing new here.

    The reason it's a big deal is that he wasn't just trying to scam people, he was actually very successful at scamming people. If he just tried and failed no-one would care.

    I saw give him a fair trail and if found guilty lock him up with a bunch of violent offenders for very many years.

  18. Re:Filed a lawsuit, not arrested? by rwyoder · · Score: 4, Funny

    FLEE TO MEXICO

    Build private compound

    Employ armed guards

    Enjoy

    If you chose Belize, you could pick up a pre-built compound, and some currently unemployed, (but experienced), guards.

  19. Re:Legal by i+kan+reed · · Score: 4, Interesting

    I know how trollish this is going to sound, but it's consistent with my observations. This was a demonstration of just how well libertarian investors do in a (mostly) unregulated environment.

  20. Re:Legal by pla · · Score: 4, Insightful

    Every time I read these stories I wonder if I'm doing the right thing by not investing in the continued stupidity of other people. It seems a more reliable investment than any others I've made recently.

    Unfortunately, virtually every practical means of investing in stupidity break the law; and the ones that don't (the lottery, for example), the government itself runs.

    If you can find a new way they haven't yet banned to extract money from the stupid (eg. "payday loans", but those look near the end of their glory days), you will find yourself very, very wealthy.

  21. Re:Legal by DrXym · · Score: 2

    If I were a scammer I'd be seeking out people who have a higher concentration of gullible people within their ranks than the general population - churchgoers, libertarians etc. I think bitcoin users represent easy pickings and more so because the distributed and unregulated nature of bitcoins makes it easier to collect "investments" and easier to disappear afterwards.

  22. Re:Does the SEC have any credibility? by kamapuaa · · Score: 3, Informative

    If you think Wall Street is a ponzi scheme, you've defined the term so vaguely as to be meaningless.

    Just say "I don't like bankers! Yucky!" if that's what you're getting at.

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    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  23. Re:Legal by Anonymous Coward · · Score: 2, Interesting

    When the economy bounces back gold prices go down and platinum prices go up.

    ...because people buy more cars, and platinum has actual intrinsic value as a catalyst for your catalytic converter. Gold is useful for.. what? Plating on corrosion-resistant electrical connectors, I guess, but we can deposit nanometer-thin layers now. Jewelry, if the current fashion dictates, I guess.

    The usual breakdown for gold use is 50% jewelry, 10% industry, and 40% hoarding -- sorry, I meant "an investment vehicle to hedge against inflation". When the hoarding percentage goes above 50% or so, there's a sudden crash in gold prices, unsurprisingly.

  24. Re:Legal by egamma · · Score: 2

    Actually, in this case it means quite the opposite; investing your bitcoins in something (a scam in particular) is worse than investing _in_ bitcoins.

    If the investors had merely been sitting on their bitcoins they would have gotten the returns he promised (although in dollar value).

    Apparently, trusting your money to someone whose username begins with "pirate" is a good way to get your savings keelhauled.

    Yarr!

  25. Re:Legal by RenderSeven · · Score: 2

    I assumed 'pirateat40' is a reference to Jimmy Buffett "A Pirate Looks At 40". The line "Made enough money to buy Miami, but I pissed it away so fast" probably applies to Shavers.

  26. Re:Legal by RenderSeven · · Score: 2

    Yet investing in something that *depends* on the stupidity of others is probably a good strategy.

    "No one ever went broke underestimating the intelligence of the American public." -- Henry Mencken

  27. Re:Real value vs. representation by Sockatume · · Score: 2

    If you take 10% from each exchange the value will never reach zero (Zeno's paradox). Regardless, a Ponzi scheme extracts no value from the original capital. There's no arbitrage. It's a zero-sum game. That's what distinguishes it from markets, which are supposed to be about finding areas where someone has under- or over-valued something relative to its actual value, and extracting that difference.

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    No kidding!!! What do you say at this point?
  28. Re:Legal by kasperd · · Score: 2

    In a few man-years of smart peoples' times, spread out over a couple of seconds per person, almost nothing of worth could have been accomplished.

    No, but those few seconds are being taken away from the time they could have spend on something else. If you will try to argue that it makes no difference if a smart person is going to spend say eight hours on a task or eight hours minus a couple of seconds, then you would be wrong.

    I agree one smart person is unlikely to achieve anything great in a couple of seconds. But they could achieve something in eight hours. Could they have achieved the same in eight hours minurs a couple of seconds? There is a good chance they could. But if you keep subtracting a couple of seconds at a time, you will eventually cross a boundary where that something could no longer have been achieved.

    It may be that for the majority of those people, the lost couple of seconds didn't make a difference. But for a small fraction of them it just happened by chance that those was the exact couple of seconds which made the difference between achieving something or not achieving it. Spreading the lost productivity over lots of people does not reduce the impact, it just makes it harder to measure.

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  29. Re:Legal by Registered+Coward+v2 · · Score: 3, Interesting

    Gold is and always will be a solid hedge against inflation.

    Actually, gold is a pretty poor hedge - as with any commodity, it is very volatile and it's long term returns are not that great. For example, $100 invested on gold in 1965 would be worth around $4000 in 2012 vs about $6000 for the same investment in the S&P 500. Gold touts play on people's fears and their belief that others will continue to share those fears to drive up the price; when in reality gold is a basic commodity and behaves as such. It even has a limited upside because as prices rise uneconomic means of production become viable; and there is a lot more gold that has not been recovered than there is demand.

    Of course, it doesn't hurt that you tossed in "Fox News" to get all your liberal friends panties in a wad. And when Obama's monetary policy lead to rampant inflation ... well you will not look so smart.

    Actually the Fed sets monetary policy and it is notorious for doing things that piss off presidents; to the point of being accused of acting to influence elections. Of course, you use "Obama" the same way as others use "Fox."

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  30. Re:Legal by 1s44c · · Score: 2

    I don't agree. He is a threat to society. He stole a large amount of money and should face a fair trail and a prison sentence if he is found guilty. Fraudsters should be locked up both to prevent them commiting crime again for a few years and as a clear warning to anyone else who would commit fraud. The stupidity of his victims is no excuse for his actions.