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Early Bitcoin User Interviewed By Federal Officers

MrBingoBoingo (3481277) writes Recently a Bitcoin user reports being interviewed over their past use of a now defunct exchange service by agents from the FBI and Treasury Department. This encounter raises concerns that earlier Bitcoin users who entered the space inocuously and without ties to Dark Markets or The Silk Road might need to prepare for Law Enforcement questioning about their early Bitcoin related activities.

34 of 92 comments (clear)

  1. Bitcoin users didn't all start exchange services by rebelwarlock · · Score: 5, Informative
    Both the summary and headline (on slashdot - it's different on TFA) are a bunch of horseshit. Here's what the headline looks like on TFA:

    A Law Enforcement Encounter: If you ran a Bitcoin related service before the thing hit $100 you prolly ought to be somewhat concerned and/or prepared

    The rest of the article suggests he was only interviewed because of that service as well. So unless every single early user of bitcoin started up an exchange service, the part we have on slashdot is almost entirely fictional.

  2. NEWS: Law enforcement officers doing actual job! by mvdwege · · Score: 3, Interesting

    Let's not overstate this. The account given by Bingo is a good one, and on the facts it shows two law enforcement officers just doing their job: gathering background information, and they're doing it in a way to minimise the hassle for the ordinary member of public they're interviewing. Bingo mentions no powerplays beyond them identifying themselves as LEOs.

    And doing the research how Silk Road grew out of the early BitCoin scene (or if it even did) is a legitimate avenue of inquiry.

    I am not a fan of the bullies that populate far too many police forces, so this is a welcome change of pace.

    --
    "I know I will be modded down for this": where's the option '-1, Asking for it'?
  3. Re:Bitcoin users didn't all start exchange service by Nyder · · Score: 5, Informative

    Both the summary and headline (on slashdot - it's different on TFA) are a bunch of horseshit. Here's what the headline looks like on TFA:

    A Law Enforcement Encounter: If you ran a Bitcoin related service before the thing hit $100 you prolly ought to be somewhat concerned and/or prepared

    The rest of the article suggests he was only interviewed because of that service as well. So unless every single early user of bitcoin started up an exchange service, the part we have on slashdot is almost entirely fictional.

    Yep, my take on the article was what you said, and that they have crappy records for that service, so they were on a fishing expedition to see if they could find anything good/relating to the silk road stuff. In all honesty, it sounded like due diligence to me, in other words, the Feds were doing the detective work they needed to be doing.

    --
    Be seeing you...
  4. Every US based bitcoin user is going to ... by perpenso · · Score: 3, Interesting

    Every US based bitcoin user is going to be asked about their bitcoin activities ... by the IRS since the IRS has figured out how to tax bitcoins, as an asset.

    Seriously, this is no joke. As an asset you will be expected to declare a gain or loss on the coins you used to purchase that cup of coffee. The gain or loss with respect to the change of value between the day you received those coins and the day you used them in the purchase.

    This is why it is incredibly important whether the IRS considers bitcoins to be a currency or an asset. As an asset the reporting requirements would seem to become similar to that of buying, selling and trading stocks. Its not at all like spending dollars.

    1. Re:Every US based bitcoin user is going to ... by WorBlux · · Score: 2

      Yes shame on them for not setting up trusts, foreign diviisions and holding companies to get out of paying income tax the legal way.

    2. Re:Every US based bitcoin user is going to ... by perpenso · · Score: 2

      ... the IRS has decide to only allow gains, not losses ...

      Realized net gains and net losses. I believe virtual coin losses can be applied against virtual coin gains, even the IRS would not be so insane as to not allow this. I expect the problem is applying net virtual coin losses against regular income. The issue also appears with stocks, only up to $3,000 of realized net losses can be applied against regular income if I remember correctly.

  5. Re:NEWS: Law enforcement officers doing actual job by Anonymous Coward · · Score: 2, Interesting

    Yeah. And if I were just a small-time user of some bitcoin service, my "preparing" for questioning by law enforcement would be to get ready to tell them to get stuffed if they got pushy.

    So says an armchair warrior on the internet. In reality at the first suggestion of an IRS audit you'll be copying every log file you have or can download from an exchange onto a memory stick for them. You know why law enforcement gets pushy, because it works.

  6. No Sweat by Anonymous Coward · · Score: 3, Insightful

    Preparing for Law Enforcement questioning is no big deal:

    Be unfailingly polite, and DON'T ANSWER ANY QUESTIONS! You are not required to answer any questions.

    Don't be Ein Dickus Maximus about it, don't stick a camera in their snouts, just don't answer.

    Freedom in action.

  7. Never talk to US law enforcement by bradley13 · · Score: 4, Insightful

    This guy actually talked to the federal agents who came knocking on his door? Stupid, stupid...

    Assuming these were probably FBI or Secret Service agents, my understanding is that the only record allowed of the interview consists of their handwritten notes. You are not allowed to make a recording. This means that, afterwards, they can put any spin on the interview that they want. If you disagree, they can and will throw you in jail for lying to a federal officer.

    The only possible reply to these officers should be "I have nothing to say to you".

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Never talk to US law enforcement by aix+tom · · Score: 3, Insightful

      No. Capitalist America. They must do everything in their power, that the government of the money, by the money, for the money shall not perish from the earth.

    2. Re:Never talk to US law enforcement by qbast · · Score: 4, Insightful

      Really? If as you suggest they are willing to lie in their notes, what exactly is stopping them from turning "I have nothing to say to you" into long and detailed confession?

    3. Re:Never talk to US law enforcement by nbauman · · Score: 2

      Assuming these were probably FBI or Secret Service agents, my understanding is that the only record allowed of the interview consists of their handwritten notes. You are not allowed to make a recording. This means that, afterwards, they can put any spin on the interview that they want. If you disagree, they can and will throw you in jail for lying to a federal officer.

      I thought you were allowed to make a recording. If I decided I wanted to talk to them, I would say, "I'd like to record this conversation so we have an accurate record. Can I do that?" If they say no, I would say, "I'm sorry then, I have nothing to say."

      But I don't think I would talk to them.

      I'm not even sure it's illegal to secretly record a conversation. There were state laws, like one in Massachusetts, that made it illegal, but they may have been overturned. IANAL, I don't know.

      I remember during the Vietnam war, the FBI came to interview an anti-war activist at his home. He secretly taped the conversation, led them on a long, interesting discussion about politics, and then broadcast the tape over Pacifica radio.

      The only possible reply to these officers should be "I have nothing to say to you".

      That's right. My line would be, "I've been told by many lawyers not to talk to the police without a lawyer present. Give me a card and I'll get back to you, when (and if) I get a lawyer. I prefer that you send me a list of questions in writing."

      If I was ever tempted to be a good citizen and cooperate with the FBI, the Thomas Butler case showed me what happens to people who do that even when as far as they know they're innocent. http://www.nytimes.com/2003/10...

      If the FBI is going to act like dicks, then people aren't going to cooperate with them.

    4. Re:Never talk to US law enforcement by gstoddart · · Score: 3, Insightful

      In an age of "parallel construction", you more or less have to assume that law enforcement has tools available to them to do exactly that -- or at least concoct enough evidence to make the confession irrelevant.

      As soon as they started doing that, law enforcement became an entity which will lie and construct a new set of facts to match their story.

      I would suggest that you more or less have to assume they're not trustworthy, and are willing to perjure themselves in court to say "why yes, your honor, that's how we found this information".

      Parallel construction is basically a systematized way that law enforcement can illegally use information, and with no probably cause construct a scenario where it looks plausible on paper that they found it through legitimate means.

      Trusting law enforcement at this point would be madness.

      --
      Lost at C:>. Found at C.
    5. Re:Never talk to US law enforcement by qbast · · Score: 2

      Ok, but how does it help me? Again, if they are willing to lie, then trusting or not trusting, talking or not talking does not matter any more - they can just write down whatever story they please without even bothering with question and you are fucked.

  8. You sir, are a fascist ! by Taco+Cowboy · · Score: 2, Insightful

    America used to be a country which respects the Rule of Law

    No more !

    Nowadays the government of the United States of America can lie to the congress, can trample the rights of the citizens, can haul up people without any valid reason, in fact, it can do anything it likes --- and we have you, Sir, and your fellow fascists, to thank !

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:You sir, are a fascist ! by Moral+Judgement · · Score: 4, Insightful

      I don't think the rule of law is merely following the rules, whatever they may be. I think rather that the rule of law requires several features; equality, generality and certainty and the procedural features that facilitate these, as well as maybe a few others if you human believe rights are a necessary feature (I don't but whatever). I think there is an equivocation going on, similar to what happens with due process. I don't think you can say, "Sure my policy for the execution of American's without trial follows due process. I'm the President and I decide- that's the process." (well unfortunately you can, but that's another matter). Similarly I don't think you can say "Sure the power for NSA to get secret warrants from secret courts follows the rule of law; the law says they can."
      While I agree that there are many laws which are unjust, I also think that there is a worrying departure from the rule of law in the US. Most obvious examples are Richard Nixon's "It's not a crime when the president does it.", secret courts, calls to have Julian Assange executed or arrested under the espionage act (despite the fact that as a non US citizen it doesn't apply to him), warrant-less wiretapping, the NSA's wholesale data collection policies... I would contrast these with for example, Drug Laws, which certainly cause much harm and unnecessary suffering and expenditure. These are unjust, but wholly within the remit of the rule of law.

  9. Like buying from a car thief by gnasher719 · · Score: 2

    If the police catches a car thief, they will likely visit anyone buying a car from him. They can't know that you bought his car that he purchased before he started his thieving career, or the car which he purchased himself with money he made from thieving (which would then be legally yours, unlike a stolen car that you bought off the thief), until they ask you.

    That's the purpose of interviewing that man - to figure out if he had anything to do with illegal activities or not. Apparently he didn't. So what's the problem?

    1. Re:Like buying from a car thief by nbauman · · Score: 5, Insightful

      If the police catches a car thief, they will likely visit anyone buying a car from him. They can't know that you bought his car that he purchased before he started his thieving career, or the car which he purchased himself with money he made from thieving (which would then be legally yours, unlike a stolen car that you bought off the thief), until they ask you.

      That's the purpose of interviewing that man - to figure out if he had anything to do with illegal activities or not. Apparently he didn't. So what's the problem?

      The problem is that very often someone who thinks he is (or is) completely innocent will talk to the cops, and as a result the cops decide he's committed a crime, prosecute him, and he goes to jail. Here's an example http://www.nytimes.com/2003/10... of the scientist Thomas Butler.

      Notice that the cops can lie to you, but if you lie to them, you're committing a crime (and a lot of people went to jail for lying to cops, including the roommates of the Boston bomber).

      On Youtube there's a lecture by a law professor about why you should never talk to the cops without a lawyer present, even if you're innocent (and certainly not if you're guilty). He gave many scenarios, based on real cases, about how that has gotten people convicted of crimes, even falsely.

      For example, suppose you go to Pigtown, buy a bottle of milk in the grocery store, and go home. Somebody gets shot around that time in Pigtown. The cops ask you whether you were in Pigtown that day. You say yes.

      Then the cops show your picture to Mary Misidentification, who honestly but wrongly thinks that she saw you shoot the guy. You go to court. The cops use your admission to prove that you were in Pigtown that day. They use Mary's testimony that she saw you shoot the guy. Put those together and they send you to jail.

      In the Bitcoin case, you may have done something that you think was legal, but was actually a crime. (Or something that they could interpret as a crime.) If you kept your mouth shut, the FBI wouldn't even know about it. But if you admit to doing it, that's a confession, and it's an easy conviction for them. You won't even get a chance to plea bargain.

      Unless a crime was committed against you or somebody you're concerned about, talking to the cops can't do you any good, and it can do you harm. So it's foolish to do it.

      It's too bad, but the cops are acting like pigs, so you can't do it.

    2. Re:Like buying from a car thief by squiggleslash · · Score: 2

      The problem is that very often someone who thinks he is (or is) completely innocent will talk to the cops, and as a result the cops decide he's committed a crime, prosecute him, and he goes to jail. Here's an example http://www.nytimes.com/2003/10... of the scientist Thomas Butler

      For those who don't want to click on the link, it describes a situation wherea man was prosecuted for lying to the FBI, after he caused a major alert by pretending some vials of plague bacteria had been stolen that, in fact, he'd accidentally destroyed.

      I'm kind of wondering if that's the example the parent poster actually planned to use, or if he cut and pasted the wrong link. I'd have thought Bulter would have been aware of the consequences of pretending someone had stolen such a thing, that it would result in a major investigation, with a lot of resources wasted.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Like buying from a car thief by cherenkov · · Score: 2

      That's the purpose of interviewing that man - to figure out if he had anything to do with illegal activities or not. Apparently he didn't. So what's the problem?

      Not really my obligation to make their fishing expedition easier, though, is it? The problem is that all there's this assumption that when the police (local, state, federal) come asking, there's some responsibility to answer them to demonstrate that your activities are legal. That's not how it's supposed to work.

    4. Re:Like buying from a car thief by DerekLyons · · Score: 2

      That's the purpose of interviewing that man - to figure out if he had anything to do with illegal activities or not. Apparently he didn't. So what's the problem?

      The problem is that there is a lot of very paranoid people absolutely (and groundlessly) convinced that if the police are talking to them, the police are coming after them. Personally. With malice aforethought. They've never heard of investigations, or due dilegence... or if they have heard of them, they discard them because the police are after them.

  10. Re:NEWS: Law enforcement officers doing actual job by philip.paradis · · Score: 5, Insightful

    If you had any sense, you'd understand that regardless of the reason(s) you've found yourself interacting with the police, the only sensible course of action would be to have all communications handled by your lawyer(s). Don't worry, you're far from alone in your lack of sense, and that is precisely why fairly rudimentary law enforcement pressure (rightly or wrongly) works as often as it does.

    --
    Write failed: Broken pipe
  11. Re:Bitcoin users didn't all start exchange service by LordLimecat · · Score: 3, Funny

    If you werent aware, Slashdot is a game whereby you figure out WHICH pieces of the headline and summary are BS.

    Congrats on your first win!

  12. Re:Bitcoin users didn't all start exchange service by gstoddart · · Score: 4, Insightful

    so they were on a fishing expedition to see if they could find anything good/relating to the silk road stuff. In all honesty, it sounded like due diligence to me

    No, as you say, it's a fishing expedition.

    Sorry, officer, do you have some evidence of wrong doing on my behalf, or are you just asking around to see if you can find out anything you can use?

    The answer, in both cases, is talk to my lawyer and come back with a warrant. Because when the police are on a fishing expedition, the last place you want to be is innocently answering questions they'll twist against you.

    With parallel construction and every other dirty trick law enforcement is using, you have to start from the premise they're either lying to you, or hoping you'll slip up. Because, quite frankly, they probably are.

    Even if there's no evidence you committed a crime or otherwise broke the law, you're still quite likely to get screwed over. Answering open ended questions is a terrible idea, because they're just as likely to use it to fabricate something about you.

    Law enforcement is no longer trustworthy. Stop treating them like they are. Even if they're smiling at you, they're probably hostile to your best interests.

    --
    Lost at C:>. Found at C.
  13. Re:Bitcoin users didn't all start exchange service by rmdingler · · Score: 3, Interesting
    If you listen closely enough, most people will reveal their intentions.

    You have the right to remain silent.

    Anything you say or do may be held against you.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  14. Re:Bitcoin users didn't all start exchange service by TheCarp · · Score: 4, Informative

    AND its worth noting.....should anything ever go to court....

    NOTHING you said can be used to help you. While anything you say can be considered a confession and used against you, anything you say that is not used against you is hearsay.

    So you have nothing to gain by speaking if it ever does go to court.

    --
    "I opened my eyes, and everything went dark again"
  15. Free speech but not trade by troll+-1 · · Score: 2

    You think you are free because you can say what you want but you are not free. You cannot trade with anyone, anywhere, anytime. For some reason freedom to trade was never considered a basic human right. From a functionalist perspective trade is to the modern state what speech was to the church. Both affect revenue.

  16. big problem by iggymanz · · Score: 2

    That's not how it works. They will come to talk to you. They will make problems for you. And you will talk, or you will have HUGE problems.

  17. Re:Bitcoin users didn't all start exchange service by Dishevel · · Score: 2
    We must all remember this. A thousand times. Never talk to the police. Ever.

    Ever!

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  18. Re:Libertarians by WorBlux · · Score: 2

    The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all. H.L. Mencken (1880 - 1956)

  19. Re:Bitcoin users didn't all start exchange service by fustakrakich · · Score: 2

    Anything you don't say may also be held against you. Once you become a target, all you can do is enjoy the ride.

    --
    “He’s not deformed, he’s just drunk!”
  20. Re:The Butler case by nbauman · · Score: 2

    I was giving an example of someone who hadn't committed a crime, but talked to the FBI without a lawyer present, and as a result was convicted of a crime. He was tricked into confessing a crime, and possibly even tricked into committing a crime.

    I read about it in Science, and some of the other publications that were following the case. I know that Peter Agre and several scientific societies investigated it and concluded that Butler hadn't committed a crime. They convinced me.

    I also wasn't convinced that he lied -- that he knowingly told the FBI something false. He may have thought at first that they were stolen, or that they were possibly stolen. After talking it over with the FBI, they may have convinced him to change his mind and decide that they weren't stolen, and that he must have destroyed them. That's what it sounded like to me.

    There was no underlying crime, and there was no crime at all until the FBI created one. So that's another reason for not talking to the cops without a lawyer: even if you're innocent when you start talking to them, they may trick you into committing a crime in talking to them.

    The case was also complicated by a civil litigation that Butler was having with the university at the same time. The university didn't defend him, but instead elevated their civil case into criminal charges, and merged that into the FBI charges.

    If there wasn't any recording of the conversations, then we'll never know with certainty what Butler and the FBI said. Lawyers who deal with false convictions, like The Innocence Project, say that all criminal interrogations should be recorded.

    At any rate, I was arguing that you should never talk to the cops without a lawyer present (if at all). I think this proves my case.

    The parent said, "So what's the problem?" That's the problem.

  21. Re:NEWS: Law enforcement officers doing actual job by aminorex · · Score: 2

    actually, if you were dealing in bitcoin in 2012, you're probably wealthy enough so that you should just bail out of the u.s. and go to a civilized country.

    --
    -I like my women like I like my tea: green-
  22. Re:Bitcoin users didn't all start exchange service by fustakrakich · · Score: 2

    It seems likely it is better to close your mouth and let them think you're guilty, rather than open it and remove all doubt.

    No, it really makes no difference one way or the other. If they want you, you are fucked ,the written law means squat.

    --
    “He’s not deformed, he’s just drunk!”