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Florida Arrests High-Dollar Bitcoin Exchangers For Money Laundering

tsu doh nimh writes "State authorities in Florida on Thursday announced criminal charges targeting three men who allegedly ran illegal businesses moving large amounts of cash in and out of the Bitcoin virtual currency. Experts say this is likely the first case in which Bitcoin vendors have been prosecuted under state anti-money laundering laws, and that prosecutions like these could shut down one of the last remaining avenues for purchasing Bitcoins anonymously."

27 of 149 comments (clear)

  1. sounds like they have a case by NynexNinja · · Score: 4, Insightful

    If someone comes up to your business and says "hey i'm going to use this for illegal purposes", and then you agree to accept the money, you're in violation of several laws. RICO is one, and so is money laundering in some cases. His biggest mistake was at the point when they said what they were going to use the money for, in this case to buy stolen credit cards online, he accepted the deal and continued working with them. He should have said that he doesn't do anything illegal and not dealt with the potential customer at that point. That would have shielded him from liability.

    1. Re:sounds like they have a case by purpledinoz · · Score: 5, Insightful

      His biggest mistake was not being politically connected, like HSBC, where they have laundered money for drug dealers and terrorists. They just got a slap on the wrist with a fine. There are two classes of people in America, those who are politically connected, and are immune to jail time, and the rest of America, who are bound to infinite arbitrary laws which are selectively enforced.

    2. Re:sounds like they have a case by ATMAvatar · · Score: 4, Insightful

      It's less about being politically correct than it is about the amount that was laundered. If there were six more zeroes at the end of the sum, the guy would have gotten off with a warning.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    3. Re:sounds like they have a case by DanielRavenNest · · Score: 2

      The Hongkong and Shanghai Banking Corporation (HSBC) was founded by a Scotsman in 1865 to take advantage of the opening of trade with China, including the opium trade. They have been laundering money for drug pushers from the start, back when the British were the drug pushers.

    4. Re:sounds like they have a case by drinkypoo · · Score: 2

      It's less about being politically correct than it is about the amount that was laundered. If there were six more zeroes at the end of the sum, the guy would have gotten off with a warning.

      Sigh. That is a load of horseshit, and you should be embarrassed for believing that all it takes is to be involved in high-profile economic activity. Counterexamples abound. You have to be well-connected. http://www.theguardian.com/wor... https://libcom.org/library/all...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  2. Matter of time by nurb432 · · Score: 3, Interesting

    The entire 'barter system' scares governments as they cant track and tax it. Things like bitcoin will be crushed, one way or another.

    They also are not keen on regular currency, for similar reasons.

    --
    ---- Booth was a patriot ----
    1. Re:Matter of time by maxwell+demon · · Score: 2

      No, Bitcoin is actually very close to their wet dream; they just need a little additional legislation:

      * Require that each bitcoin wallet is registered with the owner's name at some government agency and make it a crime to use unregistered bitcoin wallets
      * Make it a crime to use or provide mixing services (possibly already covered by money laundering laws)

      That way, they'll have what they dream of: A complete record of every single transaction a person makes. The bitcoin protocol gives them the wallet numbers involved in the transaction, and the government database gives them the owner of the wallet.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Matter of time by DerekLyons · · Score: 2

      The entire 'barter system' scares governments as they cant track and tax it. Things like bitcoin will be crushed, one way or another.

      Only in the paranoid fantasies of tinfoil hat wearing idiots. (Not to mention, Bitcoin isn't barter. It's trade token like the chips you get at a casino.)
       
      *Sigh*
       
      I've said it before and I'll say it again, the US government doesn't give a flying eff what currency you keep your books in. Dollars, doughnut holes, bit coins, jars of hamster poop - as long as you can convert it to dollars (on paper) and pay the appropriate taxes, they're good.

    3. Re: Matter of time by Eskarel · · Score: 2

      You're not far off, but it's more accurate to say cash is a representation of value.

      The problem with traditional barter is that it becomes difficult if not impossible unless both parties have goods of roughly equivalent value that they both want to exchange. I'm not going to trade my house for a haircut, but the hairdresser still needs a house. Instead of going through a few dozen trades to convert what people traded for hair cuts into something worth enough to trade for my house that I actually want, we use cash to represent the value of those haircuts.

      The cash in and of itself is worthless, but it represents the value of the thousands of haircuts the hairdresser performed to accumulate that money. This was true even when we had actual metal currency. The small amount of copper in most coins was worthless to your average person. Even gold coins which few of us would see in such a system are useless.

  3. Re:I bet by Anonymous Coward · · Score: 2, Insightful

    As to the topic itself, of-course the gov't sees Bitcoins and thinks 'money laundering'. Don't you know? All money belongs to the government,

    All money is regulated by the democratically elected government, yes.

    they can't stand the thought of people figuring out this whole freedom thing,

    No, people with a dictator complex like the thought of creating something unaccountable to government, i.e. unaccountable to the people.

    what if the people realise they don't actually have to pay taxes en mass and simply don't pay.

    "What if Somalia?"

    What happens when everybody simply stops paying?

    What if everyone just starts raping and shooting everyone? What if the real world was like one dimensional fiction? Nerds, tell us.

  4. Re:Why do they always make grand inaccurate claims by Attila+Dimedici · · Score: 4, Insightful

    It depends on how law enforcement first came into contact with those that were arrested. The article is somewhat ambiguous about how these guys came to the attention of law enforcement. It does appear that the only real crime these guys committed was being "unlawful money transmitters", which seems like a crime that should not exist to me. When the undercover agent told them that they wanted the bitcoins in order to do something illegal, they should have told them, "Sorry, I will not do business with you." Not because I think that they should legally have to care, but because people who genuinely want bitcoins to do something illegal are not likely to tell you that. This suggests that the person who is telling you his reasons is something other than someone who wants to conduct a transaction. It also seems likely that the reason they presented that they wanted to use the bitcoins for something illegal was because they doubted a jury would have convicted the men on the "unlawful money transmitters" charge.

    Ultimately, I do not know if this was entrapment by the legal definition, but it does seem like a waste of law enforcement resources.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  5. Can a bitcoin advocate explain.... by mark-t · · Score: 5, Interesting

    ... why, if news stories are any indication, there seems to be such a high percentage of money laundering activity or the like compared to what happens with other forms of currency?

    This is a sincere question... not a challenge to the usefulness or benefits of bitcoin, but just a question that, if bitcoin is to really have any kind of future, I think that people who *are* law abiding and might want to use it someday really need to understand.

    1. Re:Can a bitcoin advocate explain.... by QuasiSteve · · Score: 4, Interesting

      I'm not a Bitcoin advocate.. At least, not of the currency - the technology is marvelous, however. Nevertheless, here's a shot at answering your question...

      I think one of the issues here is that it concerns a very specific type of money laundering - if it can even be called that.

      Basically the seller is acting as a money services business, without being licensed to do. As such, they do not formally have AML (anti-money laundering) and KYC (know-your-customer) compliance anywhere on their radar. That, in turn, can lead to the actual money laundering allegation.

      I say allegation, because there's no 'money laundering' going on when you decide to sell your PS3 for $100 to buy some BTC with that somebody just mined on their rig. Nowhere in that entire exchange chain would there be an illicit aspect.

      That explains one aspect of why 'money laundering' seems to pop up relatively often.

      Another aspect is that you, me, and everybody can fairly easily buy, and sell, Bitcoin to whoever we want. If you want to buy Euros, you'll have to go to an exchange bureau. If you want to sell them again, you'll have to go to an exchange bureau. Those are, of course, licensed money services, but there's also far fewer of them - generally only at major international ports (be that airport or seaport and maybe the odd exchange bureau at border towns).
      Loosely tied into this is the fact that in the U.S. you really don't have much use for alternative currencies. Sure, you can buy some Canadian dollars or some Pesetas. But why would you, unless you were to go to those countries? You can't exactly spend it at a website. With Bitcoin, you can. So there's far fewer such exchanges occurring 'in the wild' to begin with.

      And, lastly (well there's a few more, but I see these as the major ones) - well, let's face it.. Bitcoin em used for quite a few illicit purposes. Be that the well-known Silk Road aspect, or people in other criminal circuits trying to look clean, or even just people who want to hide some of their money from the IRS.

      Oh, and also, it's actually a fair bit easier to identify the parties in these cases. If you're a major Bitcoin exchange, you undoubtedly have a business address or have some other way to be found. If you're a user of localbitcoins.com then you can simply be invited for an exchange and could be arrested on the spot. Finding out money laundering operations, locations, etc. in the traditional movie-/TV-show-popularized sense is, quite frankly, a lot harder.

    2. Re:Can a bitcoin advocate explain.... by Anonymous Coward · · Score: 3, Interesting

      I'm not a bitcoin advocate, but I think I have an explanation.

      Regular currency has controls that generally prevent large amounts of it from being spent conveniently without entering the banking system and thereby being trackable (for plenty of good reasons for government -- the money's harder to hide from taxes, illegal ventures become less profitable for criminals, etc.) Bitcoin doesn't have these controls.

      Relative to using regular currency, Bitcoin carries more risk (in my humble opinion, others may vary.) So the people who seek it out at present are a mix of people who are politically interested in seeing it succeed, think it's a cool technology and would like to see it succeed, trying to get rich quick with mining/investing, or who think they can fly under the radar with it for illegal activity. There aren't enough places you can casually spend Bitcoin yet, and I think that has to change before you see it open up to more "legit" traffic because otherwise what use does the average person have for it? But then I could see it disrupting credit/debit cards for online payments at the very least.

    3. Re:Can a bitcoin advocate explain.... by Anonymous Coward · · Score: 2, Insightful

      A bitcoin advocate's position on this would be something along the lines of "because government wants to destroy bitcoin, and government owns the media."

      However, this tells you more about bitcoin advocates than it does about your original question.

    4. Re:Can a bitcoin advocate explain.... by Bronster · · Score: 3, Insightful

      Tell me the last time you heard a cash story that wasn't about money laundering or counterfeit cash.

      Person pays person for product and/or service, everybody happy with transaction - not news.

      Basically, news stories are an indication of shit that sells news - and unsurpisingly, money laundering is one of those things. So news stories are biased. You mostly hear about the things which are crap, because they're "newsworthy".

      #include

    5. Re:Can a bitcoin advocate explain.... by drinkypoo · · Score: 2

      Essentially up until fairly recently Bitcoin wasn't considered a "real" thing of value by the US government, which means that bitcoin exchanges weren't required to submit any of the kind of documentation that a bank or forex market would be required to.

      Uh no. And also no. Up until fairly recently, the US government had not made any formal announcement that Bitcoin was considered a real thing. That is however entirely different from your statement. Under the law, if it looks like a bank and smells like a bank then it's required to be a bank and do the things that banks have to do. However, only banks are required to do bank-style reporting. Other agencies which handle large amounts of currency, like casinos, are also required to do similar reporting, but it falls under different rules entirely. Only banks are banks, but anything that acts like a bank has to behave like a bank or it's breaking the law.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Can a bitcoin advocate explain.... by mark-t · · Score: 2

      Monetary exchanges in general are not illegal... but monetary exchanges that are done for the purpose of trying to hide the illicit nature of a particular revenue stream is.

      Using a credit card is not illegal, in general, but attempting to use a stolen credit card is... even if you were not the one who originally stole the card.

  6. Re:Why do they always make grand inaccurate claims by westlake · · Score: 2

    I would make a case for entrapment.

    If you step into trap willingly, it ain't entrapment.

    Still, law enforcement is breaking the law when they create crimes to arrest people for.

    This is beyond stupid.

    Money laundering has been practiced for over 6000 years, but the term itself comes from the prohibition era of American history.

    money laundering

  7. Illicit purchase intention aspect isn't one? by QuasiSteve · · Score: 3, Interesting

    I see a lot of the comments so far are about how stupid it was to go through with the transaction after it was mentioned that the buyer was going purchase illicit material with it.

    However, as I understand it from Krebs' post - and the Florida law in question - that doesn't necessarily factor into it. The law seems to state that as soon as you act as a money transmitter, and the exchange is between $300 and $20k within a 12 month period, without being licensed to do so makes you liable for a third degree felony.

    Some questions I would have for a lawyer that actually knows the ins&outs of Florida state law in this field:
    1. Is the above, in fact, the case? I.e. are the charges on those accounts completely unrelated to the disclosure of what the purchased material (in this case, Bitcoin) would be used for?
    2a. Does that mean that the state of Florida sees Bitcoin as a currency?
    2b. If it does not, then how would this same law be applied to e.g. physical goods if used as a material for exchange (e.g. gold nuggets, diamonds, etc.)
    3. Would similar apply to a travelers going in opposite directions exchanging their currencies when the value exceeds $300 (something easily possible if you forget to empty out your wallet), rather than going through the official exchange bureaus at the airport (and incurring the rather hefty exchange fees)?

    1. Re:Illicit purchase intention aspect isn't one? by Slayer · · Score: 2

      Some questions I would have for a lawyer that actually knows the ins&outs of Florida state law in this field: 1. Is the above, in fact, the case? I.e. are the charges on those accounts completely unrelated to the disclosure of what the purchased material (in this case, Bitcoin) would be used for? 2a. Does that mean that the state of Florida sees Bitcoin as a currency? 2b. If it does not, then how would this same law be applied to e.g. physical goods if used as a material for exchange (e.g. gold nuggets, diamonds, etc.) 3. Would similar apply to a travelers going in opposite directions exchanging their currencies when the value exceeds $300 (something easily possible if you forget to empty out your wallet), rather than going through the official exchange bureaus at the airport (and incurring the rather hefty exchange fees)?

      I am anything but a lawyer, but TFA actually references the laws applicable to the case for everyone to read. If I read these laws correctly, then

      1. Yes, you can not simply do trades between currencies or equivalent valuables without a license, and that license seems tied to stiff reporting rules as soon as higher values are involved

      2. The law doesn't require that, it suffices if bitcoin is seen a payment instrument.

      3. It would seem like that. Read the law yourself: http://www.flsenate.gov/Laws/S...

  8. Re:Why do they always make grand inaccurate claims by tftp · · Score: 2, Interesting

    If anyone comes to you and says something along the lines of, "I've got some drug money to launder, I need $30,000 in bitcoins..." don't say yes. I mean, Jesus Christ, how fantastically stupid do you have to be to go for that?!

    On the other hand, one has to be fantastically naive to expect a similar magnitude of business from people who only want to buy a cup of coffee at Starbucks. BTC attracts criminal proceeds like honey attracts flies. In essence, there is hardly any legal use of BTC (outside of pure speculation and experiments.)

    One would be better off buying that TV or that subscription with an inflating currency than with a deflating one. Credit cards also give you insurance, and protection, and a small kickback, and a grace month during which you own the item but haven't paid for it yet.

  9. Fuck beta by Indigo · · Score: 5, Insightful

    The new Slashdot design is based on Windows 8. That fact alone, even aside from the numerous usability issues, indicates that the new owners have no fucking idea in the world what they've acquired.

    Slashdot is a technology site, a geek site, an open source site, a programming site, an Internet / Web advocacy site. But more than that, it is a Linux community site. It lives and dies by its community. That community, by and large, is made up of passionate Linux advocates who can be whipped into a frenzy at the mention of Microsoft, who think Bill Gates is the Great Satan, who sincerely believe in free and open source software, and who implement that passion in their lives, hobbies, and jobs. Sure, not everyone here fits the mold. But that's the core of the community.

    As one single data point, I work on simulators in the aerospace segment. We develop and integrate specialized, whole-system, software-only simulators, supporting software development when the hardware has limited availability or hasn't been built yet. Our user community is not large, but includes key technical people at well known organizations. Like others we interface with, our work has gone from Windows and Linux in the beginning, to mostly Linux, plus Windows if we have to. That's how we like it. Linux works for us - it's developer friendly, it's rock solid, it's quite deployable, and it lets us do what we need to do. And a bunch of us come to Slashdot to catch the news on Linux and other geek-worthy subjects, and discuss it with others.

    And now the owners, having acquired this rather unique and valuable site, want to make it into Windows fucking 8 - the friendly, cuddly, but unusable Fisher-Price operating system that represents everything we despise? The mind reels. You might as well just make it a SEO parking page for Microsoft.

    Seriously, DICE, do not do this thing. I know you don't care about the history, community, or shared values of this site, but this move will destroy them, and take the site with it. It will become a ghost town, abandoned by its residents, only visited by tourists and people that got lost on their way somewhere else.

  10. Re:Am I the only person that likes Beta? by MrKaos · · Score: 2

    There is a distinct lack of video, and for a website to really pop these days it should begin playing any streaming content the instant you load a page

    I can't think of a better example of what I DON'T want slashdot to ever do.

    "really pop" - WTF, are you fucking serious?

    --
    My ism, it's full of beliefs.
  11. Re:Why do they always make grand inaccurate claims by Frosty+Piss · · Score: 2

    Still, law enforcement is breaking the law when they create crimes to arrest people for.

    It happens all the time, the best example being the "To Catch a Predator" type stings. Law Enforcement create a situation, a honeypot if you will, and waits for the flies. Fake pawn shops for fencing stolen goods is another example. Cops have also been known to encourage murder-for-hire in domestic situations like messy divorces.

    But like this Bitcoin thing, "entrapment" is not legally defined the way most people suppose it is... In criminal law, entrapment is when a law enforcement agent induces a person to commit an offense that the person would have otherwise been unlikely to commit. They seem to get around it by supposedly providing opportunities to walk away. But like a fat person in front of a table piled high with Little Debbie's, it usually works out for the cops...

    --
    If you want news from today, you have to come back tomorrow.
  12. Re:Its not the beta that annoys me. by Anonymous Coward · · Score: 2, Insightful

    Beta isn't evolution, it's chlorination. It will completely sterilize slashdot of all reasons to come here.

  13. Re:They're doing it wrong. by Kijori · · Score: 2

    I'm not quite sure what this is meant to achieve.

    Does it hide the source of your funds?

    No - if you pay 10 bitcoins in and get 10 bitcoins out, the fact that they may not be the same bitcoins isn't going to confuse anyone. If you've logged everything, as you suggest, this is going to be transparent.

    Does it avoid anti money laundering ("AML") legislation?

    No - AML legislation makes it an offence to attempt to hide the source, ownership or control of funds. Running this scheme would be an offence in itself.

    Will it allow you to bring the money into regular circulation?

    No - this isn't going to provide any response to the question "what is the ultimate source of your funds", which is the key question that banks, lawyers and other regulated bodies are required to ask as part of their AML procedure. (In fact, in my jurisdiction, the suspicious Bitcoin transaction would be enough to require them to make a report to the police).

    It seems to me that your suggestion takes a very literal interpretation of "money laundering", and assumes that it means breaking the link between the exact money that you obtained illegally and the exact money that you have now. That's part of it, but there's a lot more involved and, crucially, breaking that link is not enough on its own either (i) to pass AML checks, or (ii) to avoid conviction for the AML or handling the proceeds of crime offences.