The Commodity Futures Trading Commission is moving quickly to assert its jurisdiction to police fraud in the cryptocurrency industry.
Just two days after U.S. Judge Jack B. Weinstein of the Eastern District of New York ruled in favor of the CFTC, affirming its definition of cryptocurrency as a commodity, the regulator gave notice of âsupplemental legal authorityâ to My Big Coin Pay Inc â a crypto services company it charged with fraud and misappropriation of funds in January.
Weinsteinâs ruling was the result of a separate fraud case the CFTC is pursuing against a crypto trading scheme called CabbageTech and its operator, Patrick Kerry McDonnell.
Quoting from that ruling, the notice advises My Big Coin Pay that âvirtual currencies âfall well-withinâ¦the [Commodity Exchange Actâs] definition of âcommodities'â and the Commission âhas standing to exercise its enforcement power over fraud related to virtual currencies sold in interstate commerce.â
The CFTC, the Securities and Exchange Commission and the IRS all currently define cryptocurrencies differently and have designated them as commodities, securities and property, respectively.
As for My Big Coin Pay, the Commission alleges that the firm and associated parties Randall Crater and Mark Gillespie misappropriated more than $6 million from their customers, including by transferring customer funds into their personal accounts and subsequently spending the money on personal expenses and luxury goods.
The notice demonstrates that the CFTCâs efforts to establish legal precedent are underway, and potentially provides insight into how it will continue to regulate the industry.
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