Wednesday, March 5, 2014

The Biggest Problem for Ross Ulbricht and Charlie Shrem is....

...that the top government dog, the US Attorney of the Southern District of New York, Preet Bharara, is focused on them and wants to advance his career by convicting them.

From  The Most Dangerous Man In Bitcoin Isn’t A Criminal, He’s an Attorney General (my bold)
"There are websites," Bharara tells me, "whose business model is to use the fact that they can't know everything that's going on as an excuse to look the other way. There are people who run companies whose websites are rife with tremendous amounts of illegal activity."[...]

Does that mean bitcoin trails are going to be increasingly scrutinized?

"Yeah," he says, adding that such scrutiny is "to make sure it doesn't become a Wild West for criminal activity." Then he pauses, cocks an eyebrow, and asks me, "Why, do you get paid in bitcoins?"[...]

By July 2013, investigators had followed Ulbricht's digital trail to San Francisco, and then to the Glenn Park public library. It was there, on a warm afternoon in October, that Ulbricht, wearing jeans and a T-shirt, plopped down near the science-fiction section. He opened a gray Samsung laptop, fired up a hacker-friendly browser called Tor, and logged in to Silk Road, apparently to check on customer-service queries. Then a woman reportedly lurched toward him, grabbed the computer, and screamed, "I'm so sick of you!" A half-dozen library patrons--who, like Ulbricht's assailant, were undercover FBI agents--then grabbed and cuffed him.[...]

Bharara's office wants these cases to send a message straight to a specific community: "When hackers sit down at a keyboard and think they're anonymous, we want them to wonder if they're wrong," [says Lisa Zorenberg, who ran Bharara's Complex Frauds Unit from 2011 to 2012.][...]

 Bitcoin's corrupting powers are "a myth, fostered by sensationalistic press coverage and an incomplete understanding of technology," wrote Marc Andreessen, Dixon's colleague, in a New York Times column.[...]

This is troubling to Bharara. "If you clean up a housing project and get rid of the crack dealers, you've done a worthy thing," he says. "But if the next day another gang of crack dealers comes in, you haven't made life safe or better for the good people of that neighborhood." Bharara tells me that often the only way to choke off criminal activity is to target "the enablers, the folks who are dealing virtual currency and using it to hide bad conduct," he says, and then adds, "Sometimes, it's the payment processors."[...]

Six days after Andreessen's column, Bharara's office added more to the debate: It announced the arrest of Charlie Shrem, the CEO and chief compliance officer of one of the first U.S. bitcoin exchanges, BitInstant.
You never, ever want the US Attorney of the Southern District of New York focused on you. Billionaires like Michael Milken and Ivan Boesky, who had the resources to hire the best attorney's in the world, couldn't beat a focused US Attorney of the Southern District of New York.

4 comments:

  1. Charlie Shrem was live via video from his home in NYC to a Texas Bitcoin event at Circuit of Americas F1 Race course near Austin, TX. My take is he is hoping that by being pretty out there(publicly), public opinion will check the legal challenge he faces. May or may not work, did not do so well for Bernard VonNothaus and his liberty dollar undertaking.

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    1. I wish the best for Charlie, but it is clear it is going be a tough battle for him. His best hope is if a libertarian gets on the jury---second best tech geeks.

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    2. And I hope he's been vigorously thumbing through the NYC Yellow Pages (or its online equivalent) to find an Alan Goldberg for money laundering!

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  2. Fast Company makes a false assumption in their headline: criminals and AGs are not mutually exclusive entities. In fact, they're synonymous. Just ask Bill Anderson if you need details.

    Or perhaps there is a difference. AGs are much less likely to be caught or convicted for their crimes.

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