U.S. prosecutors stated that the present authorized framework is enough to cost Sam Bankman-Fried, the founding father of the collapsed crypto trade FTX, for fraud-related violations.
The Division of Justice (DOJ) outlined its place in a submitting submitted on Wednesday, countering Bankman-Fried’s claims concerning the absence of related legal guidelines particular to crypto.
“Whereas the existence of a regulation is likely to be related to determine a statutory obligation of care, the absence of regulation is just not related as to if cash was, actually, entrusted to the defendant’s care by his victims,” the DOJ submitting stated.
The controversy over crypto regulation, or, moderately, the dearth of complete guidelines governing the crypto business within the U.S., stays a broadly mentioned concern, with numerous stakeholders advocating for various approaches starting from strict regulation to a extra permissive regulatory atmosphere.
In keeping with the DoJ, any proof or argument in regards to the absence of regulation might doubtlessly “confuse the jury into believing that there have to be a regulation imposing an obligation for misappropriation to have occurred.”
“There are prohibitions on misappropriating buyer property–they’re the very legal guidelines that the defendant has been charged for violating,” reads the submitting.
FTX trial gathers tempo
Federal prosecutors have accused him of orchestrating one of the vital substantial monetary frauds in U.S. historical past. SBF, as Bankman-Fried is in any other case recognized, is going through costs associated to defrauding FTX prospects, together with accusations of wire fraud, securities fraud, and cash laundering.
Moreover, the DoJ stated it alleges that SBF not solely misappropriated buyer cash, but in addition made materials misrepresentations to prospects.
To that finish, the prosecutors declare that “the putative ‘absence of clearly relevant legal guidelines or laws’ is irrelevant as to if the defendant made materials misstatements or omissions.”
The submitting additional rejected SBF’s claims that pooling and reallocating buyer funds have been customary practices within the cryptocurrency business.
In keeping with the prosecutors, the allegations on this case don’t concern whether or not the defendant’s conduct was in line with normal practices within the crypto business. As an alternative, the main target is on the defendant’s actions and statements, which allegedly led prospects to entrust their property to him and subsequently misappropriated these property.
“Proof of actions by different cryptocurrency exchanges turns into related provided that the defendant can set up that he knew about practices of different exchanges and that he believed these exchanges have been performing lawfully,” reads the submitting.