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Mt. Gox CEO Charged With Stealing $2.7 Million

An anonymous reader writes: After being arrested six weeks ago in Japan, Mt. Gox CEO Mark Karpeles has now been formally charged with the theft of $2.66 million worth of clients' money. "Tokyo-based MtGox shuttered last year after admitting 850,000 coins — worth around $480 million at the time, or $387 million at current exchange rates — had disappeared from its digital vaults. The exchange, which once said it handled around 80 percent of global Bitcoin transactions, filed for bankruptcy protection soon after the cyber-money went missing, leaving a trail of angry investors calling for answers." Karpeles still denies doing anything illegal. The case is proving difficult for Japanese authorities to unravel, and they're taking it as slowly as they legally can.

26 of 99 comments (clear)

  1. just copy the bitcoins by known_coward_69 · · Score: 5, Funny

    they are digital, you can't steal them

    1. Re:just copy the bitcoins by ShanghaiBill · · Score: 3, Informative

      He's going to jail. In Japan, the prosecutor decides if you are guilty, and then the court just rubber-stamps the decision. The conviction rate is over 99%.

    2. Re:just copy the bitcoins by SScorpio · · Score: 5, Funny

      Sounds like he didn't have the Wright defense attorney.

    3. Re:just copy the bitcoins by TheCastro1689 · · Score: 4, Insightful

      In Japan there are at least two courts you go through, kind of like a grands jury in the States first. But if you're found guilty in the "grand jury" you're definitely going to be found guilty in the regular court.

    4. Re:just copy the bitcoins by Fire_Wraith · · Score: 4, Interesting

      They do tend to bring only cases they think they'll win - there aren't any plea bargains (which is a huge improvement over the current US justice system). That said, they also have a big problem with police/prosecutors relying on (often coerced) confessions to win convictions.

      Also, there has been something of a tradition that many judges are inclined to trust the prosecutors/police, that's only more recently been whittled away at with some of the evidence that's come to light in old cases with DNA evidence brought in. Consider Hakamada Iwao, who was found guilty of murder, only to be exonerated 45 years later when DNA testing proved his innocence. One of the original judges reportedly considered committing suicide out of shame over it:

      http://www.theguardian.com/wor...
      http://www.nytimes.com/2014/03...

  2. Terminology problems by TWX · · Score: 2

    "...had disappeared from its digital vaults." the very terminology is misleading. It's just data on disk arrays, and if there's encryption it's decryptable by the owner of the disk array.

    The term vault shouldn't be used anyway, unless the "vault" computer is literally air-gapped. We have a vault for storing data for legal purposes, it's a literal interal concrete structure within the building with a reinforced steel door, and only a few people have keys that open it. The only wiring going in there is for lights and fire alarm/smoke detectors. No outlets, no data, no phone. It's not a bank vault, but it would require a degree of commitment to get in there.

    --
    Do not look into laser with remaining eye.
    1. Re:Terminology problems by pla · · Score: 3, Informative

      The term vault shouldn't be used anyway, unless the "vault" computer is literally air-gapped.

      Most vendors who really take BTC (as opposed to just using an instant-exchange payment processor to convert it to USD) do exactly that (though they use the term "cold storage").

      They have a live (hot) wallet and an offline (cold storage) wallet (and usually a "watch" wallet, which allows verifying transactions to the hot wallet without any risk of compromise); the hot wallet regularly sends its balance (over a certain amount you want on hand) into cold storage, leaving only what you can bear to lose in the hot wallet.

      The cold storage never even needs to power up unless you want to withdraw from it (which takes a few extra steps to do securely - Basically you need to make a new cold storage wallet and spend the entire old one between your hot wallet and your new cold storage wallet); but when talking about having a few million dollars on hand, only a moron would try to save themselves the extra five minutes it takes to do it right, once a month or so.

    2. Re:Terminology problems by mlts · · Score: 2

      I have seen the term "vault" used quite loosely. To me, a true "vault" is something as described above -- has secure HVAC, fire, and electric routing, and has a door that is at least 15-30 minutes resistant to heavy duty power tools (TL-15/TL30.)

      However, this word is used in computing. In Netbackup the term "vaulting" is used for copying data from one set of media to another, so if a restore comes in, and a disk doesn't have it, it will know to go fetch a tape out of a silo.

      I've also seen the term "digital vaults" to point to devices like Isilons or Avamars... NAS models that have some faculty for tamper resistance, even if an attacker gets root. It isn't as secure as a silo using WORM media [1], but it passes muster for HIPAA and other regulations.

      [1]: Of course, HDDs and SSDs have zero archival warranty, while tapes have 30+ years guaranteed archival life, but having data online is more important than having the ability to retrieve the data in most businesses, so deduplication appliances like Avamars wind up being used.

  3. But what about the MTG cards? by mrthoughtful · · Score: 4, Funny

    What happened with all the MTG cards?! They've got to be worth something!

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    This comment was written with the intention to opt out of advertising.
  4. If he stole 1 billion worth by future+assassin · · Score: 3, Interesting

    he could have applied for a gov bailout and used that to pay himself a bonus.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  5. Caveot Emptor by Moof123 · · Score: 4, Insightful

    Hard to have any sympathy for the situation. If you sign up for an currency that is designed to be outside of the world governments, don't come crying to the government that dumb ass idea blew up in your face.

    1. Re:Caveot Emptor by Dagger2 · · Score: 2

      But in this case the government did do something about it -- and I think it's quite possible that jail time like this will be a far more effective deterrent than the giant bailouts the banks got in the US.

    2. Re:Caveot Emptor by AcidPenguin9873 · · Score: 2

      The difference is that deposits in a US bank are insured by the federal government up to some amount. (I'm not sure how it works in other countries but I would be surprised if they didn't have similar arrangements.) Bitcoins are not insured by a government. Yes, the government is going after the individual responsible for committing the theft, but there's no guarantee that those people will get their money back - unlike with a government-issued, government-insured currency.

    3. Re:Caveot Emptor by vux984 · · Score: 2

      If I paid a company to host my photos and they lost most of them and sold the others without my permission and pocketed the money, they would be liable to criminal charges.

      Ah so bit coins are intellectual property? And you have copyright on them? So we can charge him with copyright infringement with respect to your bitcoins for selling them without your permission?

      And for losing some? Do you have a contract with them that shows they have to compensate you in any way if they 'lose' any of your 'bitcoins'? That would certainly be unusual in any hosting agreement I've ever seen - I know dropbox and facebook and spideroak and crashplan make no such promises, but maybe you have such an agreement?

      If drop box loses the only copies of my photos I have, then that's on me not them. That's not criminal. If dropbox resells any photos i have stored... well that's copyright infringement.

      You really think that's appropriate here? No?... maybe its nothing like photos after all!

    4. Re:Caveot Emptor by njnnja · · Score: 4, Informative

      Although your conclusion

      there's no guarantee that those people will get their money back - unlike with a government-issued, government-insured currency.

      is sound, it's actually a little more subtle than that. The reason that people who lost money in Mt Gox can't get their money back isn't because it was in Bitcoin. In theory, the US government could decide to insure Bitcoin deposits in FDIC-regulated banks (of course they don't currently), even though the US government can't print Bitcoin (of course, the value of that guarantee is only as good as the US government's ability to get its hands on Bitcoin if a bank goes under). The reason people won't get their money back from Mt Gox is because Mt Gox isn't an FDIC insured bank. Even if people just deposited US Dollars in Mt Gox, they would have lost everything when it was stolen because there is no "deposit insurance" for a company that isn't FDIC-insured.

      While it may seem like I am being pedantic for the sake of a silly "gotcha," that is not my intent. Instead, the very important point that this illustrates is that there is a big difference between Bitcoin as a currency, versus "Bitcoin" as a financial system. As strong as Bitcoin as a currency may be, the Bitcoin financial system is barely embryonic and needs to do a lot to develop the kind of institutional heft that the current financial system has. Note that this does not have to be centralized (and certainly doesn't have to be done through a government), but it's much more likely that large numbers of ordinary Joes will use Bitcoin only if the larger system is more robust.

    5. Re:Caveot Emptor by AcidPenguin9873 · · Score: 2

      The reason that people who lost money in Mt Gox can't get their money back isn't because it was in Bitcoin. ... The reason people won't get their money back from Mt Gox is because Mt Gox isn't an FDIC insured bank.

      Your point is sound (deposit insurance is different from who or what issues a currency), but in practice that distinction doesn't help anyone looking to replace their wealth storage in dollars with something else. The reason Mt Gox isn't an FDIC insured bank is because their deposits are in bitcoin, and FDIC doesn't insure anything that isn't in dollars.

      I seriously doubt the US government will start insuring bitcoin deposits because 1) it doesn't control the currency, and 2) because it wants to encourage people to use dollars, not bitcoin. Lack of FDIC insurance on bitcoin is a (major) downside to using bitcoin as a wealth storage replacement.

      Note that I'm talking about wealth storage, not short-term transactions. Transactions can be done in whatever currency the two parties agree upon (dollars, bitcoin, Ferraris, head of cattle, whatever). That's been possible since the dawn of trading between two parties and bitcoin is perhaps useful there.

  6. I'm sure there's a reasonable explanation by Chewbacon · · Score: 2

    it's called a bonus.

    --
    Chewbacon
    The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
  7. We'll never know - Japan's investigators are bad by Sarusa · · Score: 3, Insightful

    Japan's criminal justice system is terrible, just terrible.

    Crime is very low to start with so police are mostly helpful cop on the corner type or worst case dealing with drunks, gropers, or teen prostitution (but they usually don't bother with that one). There are a very few 'elites' who handle the nasty stuff, and they have an extremely high conviction rate because once they finger you you're going to jail whether you did it or not. Prosecution, defense, and judge all go with that (the detective said so!), so the only thing up for debate, really, is the sentence. There's a grand jury for a few things but they're mostly go along go along too.

    And they know nothing at all about technology. There was a thing two (?) years ago where some mother's apartment dwelling otaku freak was cancelling Kurko's Basketball (a popular manga/anime) events left and right for over a year and they couldn't do a damn thing about it. Eventually the freak got so cocky he got careless and did things like using messenger cats. My memory's a little hazy, but it went on seemingly forever and the cops were completely helpless. And they're terrible with corporate crime like this (the handling of the Olympus affair was a disgrace) since usually it's all a matter of what Japanese politicians you have in your pocket - but apparently Mt. Gox didn't have any. Whoops.

    I think Karpeles did it, or at least someone close to him at Mt. Gox did it, because it's just entirely too fishy, but I don't think this will prove it.

  8. embezzlement: taking for your own use ANYTHING en by raymorris · · Score: 4, Informative

    embezzlement:
    The fraudulent appropriation to his own use or benefit of property or money in trusted to him by another
    -Black's Law Dictionary

    One can embezzle any type of property, including horses, currency, and chocolate. The distinguishing feature of embezzlement is that the culprit as been entrusted with the property. Theft would be if he took the thing from you without your permission. Embezzlement is when you hand him the thing, expecting him to hold it for you, but he uses it for himself.

    Embezzlement applies to Mt Gox because people sent their stuff to Mt Gox willingly.

  9. Here's a question by Sycraft-fu · · Score: 2

    A rhetorical one, but one you should find out the answer to none the less: What was the repayment rate of the bailout loans?

    See it turns out the money wasn't a gift. The government didn't say "here's free money," rather they made loans, acting as the lender of last resort (which is something governments do to stabilize financial systems) but as with any loan, repayment was expected when possible. So go have a look and see what the repayment rate was, I'm not going to ask you to take my word for it, and let us know.

    Also, can you point out what law the companies that got bailed out broke?

    1. Re:Here's a question by thoromyr · · Score: 2

      they broke the laws of morality and ethics -- but pretty much everything they did (that I know of anyway) is technically legal according to US law.

      I think what GP was referring to with the "pay themselves bonuses" is that the bailout enabled banks to pay high performance bonuses to managers that had contributed to the disaster. That is pretty directly rewarding the unethical scum via government intervention.

  10. Re:We'll never know - Japan's investigators are ba by dj245 · · Score: 2

    I recall that Japan has a >99% conviction rate, which is pretty unhealthy for a democracy and is comparable to many totalitarian regimes. This probably means that for Karpeles his conviction will be a formality and it's just a question of how many years he's going to get.

    Well, you have to ask *why* the conviction rate is so high before rushing to any judgement. I'm not an expert, but Plea bargaining is not allowed under Japanese law. So they can't use lower level criminals to help obtain evidence for higher level ones. There's no incentive for the low level criminal to cooperate, his sentence is the same no matter what. So they don't cooperate. Weak cases that rely on this sort of criminal cooperation just don't go forward due to lack of evidence.

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  11. Re:A different approach by petermgreen · · Score: 2

    I see a couple of practical problems with taking the bitcoin blockchain concept and attempting to apply it to balances denominated in government currency (or any other extenal asset)

    1: the bitcoin blockchain gains it's security against modification of history from having lots of computing power behind it. That computing power is currently "paid for" by issuing new bitcoins*. The beauty of this system is that as the userbase grows and the value of a bitcoin grows the effective reward and hence the ammount of computing power devoted to keeping the system secure grows with it. A system where the balances are exchangable at a fixed rate for "governement currency" has to be far more careful about creating balances out of thin air if it doesn't want to go bankrupt in short order.
    2: For a blockchain balance demoninated in "government currency" to be anything more than a fiction there has to be an entity that can actually make the exchanges both taking "government currency" and exchanging it for a balance in the blockchain (which means they need the ability to create balances in the blockchain out of thin air) and taking a balance in the blockchain and exchanging it for government money. That means you have a central entity for government regulators who don't like anonymous transfers to attack.

    *Bitcoin does eventually intend to transition for a scheme where the "miners" are paid through transaction fees but it remains to be seen if that transaction will be a success or if mining power will drop off to the point where a 51% attack becomes accessible to a far wider range of adversatories.

    --
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  12. Re:We'll never know - Japan's investigators are ba by Zontar_Thing_From_Ve · · Score: 3, Interesting

    And they know nothing at all about technology. There was a thing two (?) years ago where some mother's apartment dwelling otaku freak was cancelling Kurko's Basketball (a popular manga/anime) events left and right for over a year and they couldn't do a damn thing about it. Eventually the freak got so cocky he got careless and did things like using messenger cats. My memory's a little hazy, but it went on seemingly forever and the cops were completely helpless. And they're terrible with corporate crime like this (the handling of the Olympus affair was a disgrace) since usually it's all a matter of what Japanese politicians you have in your pocket - but apparently Mt. Gox didn't have any. Whoops.

    I was intrigued by this, so I did a little research. It's a shame you really did not do a very good job here with explaining what happened as your post was interesting and on topic, but yeah, this paragraph could have been a lot better. The "otaku freak" as you call him did not personally cancel anything as your writing seems to claim. What he did was send threatening letters, sometimes with suspicious liquids or powders, to various places that were associated with the anime or its writer in some way and those places canceled many events related to Kuroko's Basketball. As to why he apparently had it in for this particular anime, it gets into sub-genres of anime that I'm not really qualified to talk about it and it seems that maybe he had a problem with the people who were interested in it and focused his rage at the creators and supporters. Apparently popular anime series have "events" of some kind in various places, but I have no idea what goes on there.

    Anyway, Japan sounds better to me than some countries I could name where not only is it impossible to lock up anybody for the rest of their life no matter how many people they kill, they actually start to feel sorry for the criminal because he's been locked up.

  13. Security Model Sounds Wrong by Samhain138 · · Score: 2

    I'm not a cryptocurrency expert, so pardon my ignorance, but...
    Am I seriously expected to transfer bitcoins from some "hot" wallet to a "cold" wallet and store that in a fucking safe???
    I don't have a safe. I don't want to print/tattoo/OCR a wallet. I don't trust them to exist 50 years from now.

    I do want to be able to keep as many copies as possible.
    You know, like my bank has backups (they do, they're not going to forget anyone's debt, e-v-e-r).
    I want a copy on my phone, all laptops, on an RFID card, wearables, on S3 for all I care.

    A digital currency where I can't keep digital copies of my wallet?
    A cryptocurrency that clearly didn't figure out how to properly encrypt wallets?
    Expecting some federal reserve to back this shit up with, e.g., gold is just a hackaround the fact that bitcoin's security model simply does NOT work.

  14. Re:Difficult investigation, or difficult charges? by DanielRavenNest · · Score: 2

    > I don't think there's a single government that has decided what Bitcoin actually is - a currency or personal property.

    It's a scarce digital commodity. Word documents or mp3 files are easily copied. Control of a bitcoin address, and whatever balance it holds, cannot. The control comes from a private 256 bit key, which is required to transfer control of the balance to another address. The balance can't be copied because you can trace it back through previous transactions to the point where the coins were first generated, and that history (the blockchain) can't be altered, but *can* be verified by anyone who wants to check it. Inability to copy it, and a limited supply ( no more than 21 million units, ever) makes it a scarce good in the economics sense.

    Digital means it is easy to transfer, scarcity means it is in limited supply, and other technical features make it useful to people, creating a demand. Supply and demand establish a market value, like for other commodities. It's a commodity because one bitcoin is pretty much like any other bitcoin, in the way barrels of oil or bars of gold are pretty much the same. So most people don't care *which* bitcoin they get, just *how many* they get. That makes them easily traded, unlike, say, houses. Houses are all different sizes and shapes, and every one of them has a different physical location. People care very much *which* house they get, so they are not easily traded for other ones.