[HN Gopher] Former OpenSea employee charged in digital asset ins...
       ___________________________________________________________________
        
       Former OpenSea employee charged in digital asset insider trading
       scheme
        
       Author : omarfarooq
       Score  : 197 points
       Date   : 2022-06-01 17:11 UTC (5 hours ago)
        
 (HTM) web link (www.justice.gov)
 (TXT) w3m dump (www.justice.gov)
        
       | TaylorGood wrote:
       | Silly. He was the face/favorite/twitter voice of OpenSea during
       | his employment there, and he blew it for what.. 18 ETH in "fast"
       | gains?
        
       | boeingUH60 wrote:
       | It's funny how after being exposed for insider trading (before
       | this formal indictment), this guy went on to launch another NFT
       | startup
       | 
       | https://www.coindesk.com/business/2022/03/31/opensea-exec-wh...
        
         | itsoktocry wrote:
         | > _this guy went on to launch another NFT startup_
         | 
         | a16z just put $80 million into Adam Neumann's new crypto idea.
         | Everybody is, shamelessly, out to get theirs.
        
           | dvtrn wrote:
           | I have a friend that I am watching in real time _literally_
           | bankrupt themselves trying to find the golden NFT ticket that
           | will turn them into a millionaire.
           | 
           | They've openly said as much.
           | 
           | If it happens I'll eat my proverbial shoe but so far all I've
           | seen come from it is them losing their job, home and college
           | scholarship in the span of about 6 months.
           | 
           | It's...tragic.
        
             | TaylorGood wrote:
             | As someone who got into BAYC during mint week, I knew it
             | was 2021's version of CryptoPunks, but still couldn't have
             | told you it would surpass X amount in value.. Doodles,
             | MoonBirds, freakin' Goblins... surprised nearly every time.
        
             | exdsq wrote:
             | Should have used that money to trade several of the same
             | brand of NFTs to build the trading volume up :P
        
             | fullshark wrote:
             | Hey it beats working for the man for 40+ years, enjoying a
             | modest retirement, then dying.
        
               | seattle_spring wrote:
               | Lucky for him and everyone else, there are more than just
               | these 2 options.
        
               | SilverBirch wrote:
               | This is such a naive take. It's not "Well maybe I'll lose
               | some modest savings I have, maybe I'll hit the jackpot
               | and make $1m". It's not a 1% chance you make $1m. It's
               | not 0.1%. It's not 0.0001%. That 1 in a million chance?
               | It's not _even_ 1 in a million. It 's more like a 0%
               | chance. You're taking your modest savings and you're
               | trading them for the incorrect hope that someone is going
               | to hand you $1m for nothing. You're buying magic beans
               | but you don't live in a fairy tale.
               | 
               | Do you know what happens after you throw your money into
               | the wishing well? You work for the man for 40+ years and
               | you won't enjoy a modest retirement.
        
               | wly_cdgr wrote:
               | :shrug: I made about $80k off a ~$5k risk
               | speculating/gambling during one of the earlier crypto
               | waves. Did I know what I was doing? Hell no lol. Was I
               | aware that there were a ton of people out there
               | manipulating these markets using any and all insider info
               | they could get their hands on? Of course
               | 
               | But the fact of the matter is, that $75k profit was
               | incredibly useful to me that year, whereas having or not
               | having that $5k wouldn't have made any difference. And
               | gambling on crypto was my only chance to get the 10x+
               | return I needed in such a short time span
               | 
               | Playing the lottery can be a perfectly sensible and
               | rational strategy if it is your only chance of escaping
               | wage slavery before 60+, as is the case for the majority
               | of people, and you are someone who values financial
               | independence highly enough
        
               | jjnoakes wrote:
               | This is not good advice. The fact that it worked for you
               | is an absolute fluke, and it is not sensible nor rational
               | to gamble like that, especially if you need money badly.
        
               | duxup wrote:
               | Reminds me of the film "The Graduate". Benjamin's dad was
               | trying to get him in to a career "plastics" where Ben
               | might have some freedom / financial freedom.
               | 
               | Ben had no interest in it and instead by rejecting it is
               | heading for a far less desirable outcome, even from Ben's
               | point of view.
        
               | fullshark wrote:
               | True young people are naive and overestimate their chance
               | at success, it's why they can be so charming some times,
               | and clueless other times.
        
               | duxup wrote:
               | That's what he is headed for, maybe sans modest
               | retirement...
        
               | beepbooptheory wrote:
               | Maybe this is a little sarcastic but i do honestly think
               | this argument has a lot traction to especially younger
               | people. You can yell to your red in the face about how
               | its all a scam, its immoral, its built to crash, but I
               | think a non negligible amount of people still think its a
               | better ride than any other options available to them. Its
               | not right or wrong, just is what it is.
        
               | [deleted]
        
               | fleddr wrote:
               | You're absolutely right and this is the part that many do
               | not understand about crypto culture.
               | 
               | Its players are fully aware of most of it being a casino.
               | They play anyway. They do not want to be "rescued" by
               | your moral preaching or regulation, they willingly take
               | big risks, often lose it all, and then do it again.
               | 
               | Crypto, as they see it, is the only asymmetrical bet of
               | their lifetime. The only way to "make it". And making it
               | doesn't even have to mean millionaire status, it could
               | just mean any type of life improving wealth.
               | 
               | So "adults" preaching about why they can't just be
               | "normal" and financially sane, are deeply out of touch.
               | "Normal" as in...student debt, stagnant wages,
               | unaffordable housing, healthcare costs that can bankrupt
               | you, double digit inflation, one crisis after the other
               | (9/11, financial crisis, COVID, war), job insecurity,
               | climate change, political boiling pot...that kind of
               | "normal"?
               | 
               | Many if not most young people cannot get ahead by doing
               | "normal". They can't even reach middle class. If doing
               | all the right things leads to a miserable result, any
               | escape hatch is embraced.
        
               | jazzyjackson wrote:
               | totally agree with you, but I wonder if things would be
               | different if the players of the casino were aware that
               | the jackpot winners were plants, fakes, renting
               | lamborghinis or worse, actually profiting on money
               | laundering schemes while passing it off to their
               | instagram followers as being a good day-trader.
               | 
               | just shaking my head that anyone thinks putting their
               | life savings into an alt-coin has any chance of going
               | well for them
        
               | dvtrn wrote:
               | For my part...
               | 
               |  _Crypto, as they see it, is the only asymmetrical bet of
               | their lifetime_
               | 
               | this is the part that makes me feel the most cynically
               | incredulous about some of the claims and aspirations not
               | just from my friend but others who have bought entire box
               | cars on the web3 hype train, andit's probably my own
               | biases and notions about the world, but:
               | 
               |  _is it really all that asymmetrical_? I presume you mean
               | in the same spirit that the people who jumped in on the
               | GameStop wagon did so not only because they saw dollar
               | signs, but they bought into the notion that there had
               | been some discovery, an inefficiency to exploit and they
               | were  "sticking it" to the institutional trading system
               | by refusing to sell?
               | 
               | If that's not what you meant, feel free to stop reading,
               | as my skepticism is borne out of completely
               | misunderstanding your point (and I concede the
               | misunderstanding on my part).
               | 
               | On the other hand if so....
               | 
               | I don't see the asymmetry, really. I just see a new set
               | of thumbs on the scale. That's the cost of admission
               | isn't it? Is that what I've been so oblivious to in my
               | own apoplectic shock at all of this?
        
               | fleddr wrote:
               | Say you have 10K USD. If you don't know what you're
               | doing, take extraordinary risks, have poor timing or just
               | bad luck...you'll lose all of it. If you do know what
               | you're doing, you can turn it into 20K, 30K, 50K, 100K.
               | 
               | The potential upside is many multiples of the downside,
               | hence it's asymmetrical. There's no asset I can think of
               | with this potential upside on such small timescales.
               | 
               | Isn't it risky? Yes it is. Like I said, -100% when fully
               | incompetent. Against many multiples of potential upside.
               | That's what makes it asymmetrical.
        
               | IanCal wrote:
               | The asymmetry is not in information but in the potential
               | gains and losses. Even if the overall EV is lower than 1,
               | it's about risking PS100 for a potential PS10000 or other
               | much larger figure, 10x/100x/10000x.
        
               | dvtrn wrote:
               | Yeah on the one hand I'm not against trying to get out of
               | the grind and achieve that sweet financial independence.
               | 
               | Would I throw $25,000 into NFT's to get there though?
               | 
               | Eh. Probably not.
        
             | [deleted]
        
             | onlyrealcuzzo wrote:
             | It seems it'd be a lot easier to just get a jog at FAANG
             | for 2 years...
        
           | giarc wrote:
           | What I don't get about Neumanns new project is it actually
           | solving a problem? As I understand, the problem with carbon
           | offsets is not that you can't track them, it's that you can
           | verify that X company actually planted a tree etc. Is
           | Neumanns company solving this, or just simply putting a
           | record of Y company purchasing 1000 carbon offsets on the
           | blockchain?
        
         | TaylorGood wrote:
         | As someone very active in that space, he went dark after the
         | OpenSea incident and it's not widespread that he started
         | something new. This is also news to me.
        
       | tyrfing wrote:
       | That's an interesting case. It's basically a single wire fraud
       | charge, with money laundering added on due to making new accounts
       | to commit the alleged crime.
       | 
       | There are recent developments in the area (Kelly and Blaszczak
       | cases) but this probably isn't affected. The crime is using
       | "confidential business information", recognized as a form of
       | intangible property, for personal benefit; the victim is OpenSea.
       | Since the resulting money wasn't taken from anyone, they are
       | seeking forfeiture. It seems like this is somewhat related to a
       | shift from insider trading prosecution to general criminal fraud
       | statutes (insider trading as embezzlement.)
       | 
       | Not a lawyer, would love to see analysis from someone who knows a
       | bit more.
       | 
       | https://www.yalelawjournal.org/pdf/130.Lustbader_r3uhyngc.pd...
        
         | encryptluks2 wrote:
         | Not a lawyer, but from my perspective... if you're part of the
         | club you can insider trade all you want. Just look at Nancy
         | Pelosi.
         | 
         | If you aren't part of the club, then they'll charge you for it.
        
       | hamiltonians wrote:
       | lol took many years to arrest elizabeth holmes for a far, far
       | bigger fraud. goes to show how when it comes to crime either go
       | really big or not at all.
        
       | anm89 wrote:
       | On one hand I support this. On the other hand, pinning one guy to
       | the wall in an industry where every single person is doing this
       | seems a bit unethical.
       | 
       | The real smart move is to stay as far from the NFT market as
       | possible because the whole thing is rotten at its core.
        
       | tofuahdude wrote:
       | There must be 1,000 cases like this for every one that is
       | prosecuted.
       | 
       | The crypto community did the research / job for the FBI here.
        
         | hamiltonians wrote:
         | not really. how many nft marketplaces are as big as opensea?
         | this was a big target.
        
         | berberous wrote:
         | Well, that's the point of these cases. This guy is
         | (unfortunately for him) being made an example of, with a
         | potentially very harsh sentence, in order to scare away the
         | other 999. The next guy in his shoes will think twice.
        
           | nradov wrote:
           | The next guy will put his shoes in a country without an
           | extradition treaty and not even think once. And honestly I
           | don't even blame the scammers. Anyone stupid enough to buy an
           | NFT deserves to get scammed.
        
             | berberous wrote:
             | You are just ranting about things irrelevant to this story.
             | 
             | Nate is not a scammer, but was a product manager at a very
             | successful A16Z-backed startup. He is the type of guy that
             | was already going to be successful and wealthy, but decided
             | to make a little more after incorrectly assuming that
             | either (x) what he was doing wasn't illegal since he wasn't
             | trading stocks or (y) the government wasn't looking into
             | this type of thing. The DOJ is now disincentivizing others
             | in his shoes from following the same path. This type of
             | person was never going to move to a random country without
             | extradition to straight up scam people.[0]
             | 
             | Your comment is akin to someone saying it's a waste of time
             | to charge a US F500 employee or hedge fund employee with
             | insider trading since a true scammer would just be sending
             | phishing emails from Russia. They are different types of
             | crimes and criminals, and I think for this type of
             | crime/criminal, there is a deterrence effect to these
             | cases.
             | 
             | And regardless of your view on NFTs, nobody was scammed
             | here, he just front-ran to make a profit and used
             | confidential information of his employer to do that. This
             | is akin to a production intern for Jim Cramer buying stocks
             | that he knows Jim will talk about on his show that evening,
             | to profit from any short-term pump from the exposure.
             | 
             | [0] I don't actually know Nate or any of the details here,
             | so I am assuming, but this is the sense I get from
             | following this drama on Twitter.
        
               | TaylorGood wrote:
               | It was beyond reckless on Nate's part. He was a darling
               | in the space, had a punk prior to this side hustle, and
               | just blew himself up - not in a good way.
        
               | dylan604 wrote:
               | >The DOJ is now disincentivizing others in his shoes from
               | following the same path.
               | 
               | Extreme counter example: How's the death penalty working
               | to disincentivize murder? How has any other example
               | worked? People are still commiting these crimes even
               | while people are getting caught and going to jail when
               | the DOJ decides to do something.
               | 
               | For those that are criminals, these laws are just part of
               | the game. Keeping the odd person that might think about
               | it when in desperate situations are not the ones
               | commiting the mass amount of these crimes. We're focused
               | on the wrong people.
        
               | recursive wrote:
               | > How's the death penalty working to disincentivize
               | murder?
               | 
               | We can't really know unless we can compare the results to
               | those under another system.
        
               | FrenchDevRemote wrote:
               | "This is akin to a production intern for Jim Cramer
               | buying stocks that he knows Jim will talk about on his
               | show that evening, to profit from any short-term pump
               | from the exposure."
               | 
               | Is that actually insider trading?really not sure...
        
               | toss1 wrote:
               | While I'm no securities attorney, I can assure you that
               | it is most assuredly insider trading.
               | 
               | The key words are "material non-public information".
               | 
               | IF it is information and IF that information might make a
               | material difference, it could be subject to insider
               | trading.
               | 
               | IF that material information is time-sensitive, and it is
               | _not yet available_ to the general public, then I can
               | assure you that it is subject to insider trading rules
               | (as Nathaniel Chastain is now discovering to his
               | detriment).
               | 
               | If such were not the case, then there would be queues of
               | people wanting to work for free as interns at every
               | financial wire service.
               | 
               | I can also report that a family member has worked at some
               | major law firms (which do work for major corps &
               | individuals), and they, and their family are specifically
               | forbidden from trading in individual stocks without
               | specific advance permission for each trade. This is to
               | both avoid even the appearance of impropriety, and also
               | just so everyone knows that if you break the rule and it
               | ever comes up as a problem, you'll be fired in a New York
               | Second [1].
               | 
               | [1] New York Second = the amount of time between the time
               | a light turns green and the driver behind you hits the
               | horn if you aren't already moving - considerably shorter
               | than the standard International Atomic Time second.
        
               | ghaff wrote:
               | IANAL but probably. The intern is trading on (possibly)
               | material non-public information. Now, if the intern is
               | just making a small purchase, they may well get away with
               | it. But trading on things like inside financial
               | information, an M&A, major partnership, etc. before
               | they're made public (I think the language one sees is
               | actually before the public has had time to absorb the
               | information) is pretty much the definition of insider
               | trading.
        
               | thebean11 wrote:
               | > But trading on things like inside financial
               | information, an M&A, major partnership, etc. before
               | they're made public
               | 
               | Yeah none of that stuff is in Jim Cramer's show lol
        
               | ghaff wrote:
               | I don't know if Cramer actually does move markets or not.
               | I guess the defense would be that Cramer is just some
               | clown with a finance show and no one takes him seriously.
               | It's just entertainment.
        
               | tqi wrote:
               | Short term, it seems like probably? [1]:
               | 
               | > There are studies depicting the market's reaction to
               | recommendations made on Cramer's show. Notably, in
               | January 2009, graduate students from the University of
               | Pennsylvania published a study claiming that over time,
               | the average next-day increase for a stock that Cramer
               | recommended was 3% for the entire study sample, and
               | almost 7% for smaller cap stocks. They proved through the
               | use of electronic communication networks (ECN) that most
               | trades came in after 7 p.m. ET, when "Mad Money"
               | concluded.
               | 
               | > Another study conducted by Northwestern University,
               | titled "Is the Market Mad?: Evidence from 'Mad Money'"
               | and published in 2006, showed that the average cumulative
               | return on Cramer's recommendation was 5.19%, but, more
               | important, almost all the increases were nullified within
               | 12 days.
               | 
               | > Cramer recommends stocks with momentum, both positive
               | and negative. His recommendations affect the price, with
               | the impact reversing quickly, consistent with pricing
               | pressure caused by viewers' jumping on Cramer's
               | recommendations. Cramer's sell recommendations also
               | affect prices, though the impact does not quickly
               | reverse.
               | 
               | [1] https://www.investopedia.com/terms/c/cramerbounce.asp
        
           | cyanydeez wrote:
           | After a 1000 others just scammed their way through
        
         | practice9 wrote:
         | This is one of the benefits of the transaction data being on-
         | chain
        
           | rvz wrote:
           | There you go. This is why committing insider NFT trading
           | using a public blockchain where the transactions are
           | traceable where the authorities can use that and the
           | transactions all end up being connected to this employee
           | (even though they tried using multiple wallets) is quite
           | futile and eventually they can be traced all up.
           | 
           | Goes to show that such blockchains like Bitcoin, Ethereum,
           | etc are NOT anonymous and never intended it to be as such in
           | their white-papers. So it's quite disingenuous for anyone to
           | keep suggesting that they are _' anonymous'_ whether or not
           | if they are skeptic, supporter or neither.
           | 
           | What you are looking for is privacy coins like Monero,
           | Mobilecoin, Zcash or Grin that specifically aim for privacy
           | guarantees which are used to hide wallet balances and
           | transaction details. But the regulators are going to
           | crackdown on privacy ones anyway by making it harder to trade
           | them for fiat via exchanges.
        
             | ceeplusplus wrote:
             | No, this guy was just dumb enough to buy the NFTs mere
             | _minutes_ before they were listed. That 's blatantly
             | obvious insider trading. If he had not been so obvious and
             | maybe better laundered his money through e.g. Tornado Cash
             | then he would've gotten away with it.
        
               | exdsq wrote:
               | I doubt he thought it was illegal
        
             | practice9 wrote:
             | I agree. Adding to a point about privacy coins - zk-SNARKS
             | or zk-STARKS can be implemented on Ethereum via L2 rollups
             | for those who need privacy/non-traceability. But probably
             | not on a base layer.
        
           | cuteboy19 wrote:
           | It's pseudonymous. You don't get to know who it is until that
           | person tells you their name
        
           | colejohnson66 wrote:
           | Supposedly Monero is better at being anonymous than
           | Bitcoin/Etherium, but NFTs are all on Etherium
        
             | chrisco255 wrote:
             | Monero can't do smart contracts as far as I know. However
             | there is somewhat of a push to adopt privacy focused zero
             | knowledge rollups, which would preserve privacy while
             | settling on a layer 2: https://aztec.network/
        
             | ChainOfFools wrote:
             | Most, not all. A few of the earliest (appearing before the
             | term NFT existed) run on Bitcoin itself, using the
             | counterparty protocol.
        
       | TedDoesntTalk wrote:
       | No mention of how much he earned with this scheme.
        
         | TaylorGood wrote:
         | It's well known within the space.. in total he made ~18 ETH
         | from this side hustle.
        
         | hamiltonians wrote:
         | probably not that much, 100k or so.these were not ape nfts.
        
       | chrisco255 wrote:
       | Claims he is charged with insider trading but he's actually being
       | charged with money laundering and wire fraud. There are no laws
       | on the books against insider trading NFTs. Even the closest
       | physical counterpart, art auctions, collectibles, etc have no
       | such laws against using insider info to personal advantage.
       | 
       | The charges in this case, seem egregious?
        
         | colechristensen wrote:
         | Money laundering is illegal itself without requiring _other_
         | illegal activity at all, the act of hiding sources and
         | destinations is itself against the law. Likewise wire fraud.
         | 
         | And NFTs are securities, or at least this is the argument. The
         | laws barring insider trading apply to securities in general,
         | individual types of securities need not be enumerated in each
         | law. Collectables are not securities, they are the actual thing
         | and thus not covered.
        
           | teraflop wrote:
           | In this case, the money-laundering statute with which
           | Chastain is being charged -- 18 USC 1956(a)(1)(B)(i) --
           | _does_ require that the transaction was originally  "designed
           | in whole or in part" for a purpose that is itself illegal,
           | namely the wire fraud.
           | 
           | The wire fraud indictment, in turn, seems to hinge on the
           | allegations that Chastain used "false and fraudulent
           | pretenses, representations and promises" (namely, using
           | anonymous accounts to flip the NFTs) and acted "in violation
           | of the duties he owed to OpenSea" (namely, by using OpenSea's
           | confidential data for personal gain, contrary to an agreement
           | he signed).
        
             | colechristensen wrote:
             | I'm under the impression that as an employee also you don't
             | have to sign a specific agreement not to use company
             | insider information for personal gain, but having signed
             | that agreement strengthens the case that the accused knew
             | what he was doing was illegal.
        
               | encryptluks2 wrote:
               | Since when did violating an employment agreement become a
               | criminal issue? Next thing you know they'll be charging
               | people for switching employers.
        
             | chrisco255 wrote:
             | Everyone on OpenSea uses anonymous accounts to buy and sell
             | NFTs though.
             | 
             | It sounds like he's guilty of some sort of civil infraction
             | but not a criminal one. He's being charged with major
             | felonies here.
        
           | chrisco255 wrote:
           | NFTs are not securities any more than Furbies or Cabbage
           | Patch dolls or baseball cards or Magic: The Gathering limited
           | edition packs.
           | 
           | This argument doesn't hold water because the Howey test is
           | very clear about what defines a security and art based NFTs
           | are no such thing. Just because some people speculate on a
           | commodity going higher in price does not make it a security.
           | 
           | He is not being charged with insider trading. There is no
           | argument even being put forth by the DOJ that he violated
           | securities laws. He's being charged with wire fraud and money
           | laundering.
        
         | ABeeSea wrote:
         | Seems that he defrauded his employer and employer's customers.
         | The original NFT owner should have gotten the profit from the
         | front page listing.
         | 
         | A physical analog would be an art rep for Sotheby's directly
         | buying a piece from a perspective seller and then auctioning
         | the piece themselves through Sotheby's through a third party to
         | hide it from their employer.
        
           | chrisco255 wrote:
           | If he was buying these NFTs they were already for sale on the
           | open market. Most of these NFT sales are not auctions but
           | direct, "buy it now" listings.
           | 
           | A physical analog would be someone buying an obscure comic
           | book series or packs of Yu-Gi-Oh cards before they got
           | featured by a national expo or collectible marketplace. And
           | then flipping them for a higher price after the hype train
           | started.
        
             | twox2 wrote:
             | Is this a crime if you know ahead of time it's going to be
             | listed?
        
         | [deleted]
        
       | yieldcrv wrote:
       | Note: they are charging him with wire fraud and money laundering.
       | 
       | The DOJ is not attempting any insider trading specific charge or
       | aiming to define the NFT assets traded. But _like_ insider
       | trading, the wire fraud charge is contingent on the existence of
       | the confidentially agreement with his employer.
        
         | chrisco255 wrote:
         | Insider trading is not contingent on a confidentiality
         | agreement with an employer. It's an actual law on the books:
         | https://www.law.cornell.edu/wex/insider_trading
        
           | yieldcrv wrote:
           | It is contingent on having a fiduciary duty with the issuing
           | organization, just like your own source says. For non-
           | directors, this duty comes in the form of confidentiality
           | agreements that are part of standard employment contracts
           | (but can take any form, and the wording must be evaluated by
           | the prosecutors independent of the action they wish to
           | prosecute).
           | 
           | Note, that it also relies on the thing being traded being a
           | security. Which the DOJ here decided to avoid trying to
           | figure out, by specifically not leveraging the insider
           | trading fraud statutes.
           | 
           | And therefore they stick with the super broad wire fraud
           | statute, the fraud part being extended to the breach of
           | fiduciary duty. They otherwise wouldn't have a tool to
           | prosecute this action that.
        
             | chrisco255 wrote:
             | Seems like a stretch from the DOJ. I wonder if plaintiff
             | settles or goes forward with the trial.
        
               | dragonwriter wrote:
               | > Seems like a stretch from the DOJ. I wonder if
               | plaintiff settles or goes forward with the trial.
               | 
               | The "plaintiff" in a criminal trial is called the
               | prosecution, and it is DOJ.
        
               | yieldcrv wrote:
               | absolutely agreed, it is quite a stretch but its not how
               | I would have led with the conversation because people
               | want this guy to have consequences.
        
               | twox2 wrote:
               | IMO, I think the way he was publicly lambasted and fired
               | was punishment enough. Not to mention that shortly after,
               | people were calling for him to return to OpenSea, because
               | they were struggling without him for a hot minute.
               | 
               | I agree what he did was stupid and wrong, but I think
               | he's the wrong person for the DOJ to throw the book at.
               | They are only targeting him, because this was low hanging
               | fruit due to the public outcry around this incident.
        
               | alphabetting wrote:
               | Disagree with most of this. It couldn't be more clearly
               | textbook insider trading. He wouldn't have bought the
               | NFTs and then immediately sold them for 5x profits if he
               | didn't know OpenSea would be featuring them.
               | 
               | >I think he's the wrong person for the DOJ to throw the
               | book at
               | 
               | Who cares if other people have done worse? When you break
               | the law you should face consequences.
        
               | yieldcrv wrote:
               | our realization is that we don't really have laws to
               | cover this. insider trading is exclusively a securities
               | law violation, which requires securities to have been
               | traded. the NFTs in question are not securities and the
               | actions around them are not being prosecuted as such. the
               | remaining laws the prosecutors came up with are such a
               | stretch that it seems like a waste of public resources,
               | although "wire fraud" is sufficiently broad enough it may
               | still be _either_ kind of weak, _or_ , not the expansion
               | we want.
               | 
               | Case in point, "wire fraud" is typically a tacked on
               | charge, in addition to another charge. and "money
               | laundering" is also a tacked on charge, that requires an
               | illicit origin, not just the action of obfuscation or
               | movement of money. So they have to tie a couple things
               | together solely because "we don't like what happened",
               | but it may be the wrong authority to deal consequence.
               | 
               | It has nothing to do with a public understanding or a
               | legal understanding of insider trading, because that's
               | not what he was charged with, despite his trades being
               | the catalyst for this indictment. semantics, but relevant
               | semantics. you can insider trade _everything_ except
               | securities. you can have a market advantage on spot
               | commodities, real estate, trading cards, you name it. but
               | yes its typically a form of fraud when you can be proven
               | to have created more demand than was really there +
               | trading on that + when your employer has entrusted you
               | not to do that. there are many circumstances where this
               | would all be a non-case.
        
         | dubswithus wrote:
         | Will the buyers of the NFT's be able to sue this guy?
        
           | colechristensen wrote:
           | Seems like they would have a decent case.
        
         | olalonde wrote:
         | What is the alleged fraud then? It seems pretty clear that this
         | is what he is accused of:
         | 
         | > From at least in or about June 2021 to at least in or about
         | September 2021, CHASTAIN used OpenSea's confidential business
         | information about what NFTs were going to be featured on its
         | homepage to secretly purchase dozens of NFTs shortly before
         | they were featured. After those NFTs were featured on OpenSea,
         | CHASTAIN sold them at profits of two- to five-times his initial
         | purchase price. _To conceal the fraud_ , CHASTAIN conducted
         | these purchases and sales using anonymous digital currency
         | wallets and anonymous accounts on OpenSea.
        
       | JohnJamesRambo wrote:
       | You love to see it.
        
         | twox2 wrote:
         | Not really, they're making an example out of some guy that made
         | an opportunistic bad decision, but meanwhile there are
         | criminals defrauding people of a lot of money in the NFT space
         | and are allowed to operate in the open.
        
           | JohnJamesRambo wrote:
           | Every one of the insider trading crypto guys just paid
           | attention today. That's a win for the little guys.
        
       | TrackerFF wrote:
       | Would be nice if they also went after all the wash trading.
        
         | hanniabu wrote:
         | It's not illegal for crypto as of right now
        
           | gregors wrote:
           | Coinbase was fined 6.5 million for wash trading crypto
           | 
           | https://www.cftc.gov/PressRoom/PressReleases/8369-21
        
       | danso wrote:
       | This guy was noticed because tumbled crypto was sent back to his
       | main and publicly known wallet. Obviously he did lots of other
       | careless things (e.g. operate sock puppet accounts that did
       | nothing but do early buys of OpenSea front page NFT). But
       | couldn't he have at least sent the money to other anonymous
       | wallets and then cash out?
        
         | parineum wrote:
         | > anonymous wallets and then cash out
         | 
         | How do you stay anonymous and cash out?
        
           | 2OEH8eoCRo0 wrote:
           | Impossible. The information to identify you is out there-
           | it's the hope that nobody will piece it together.
        
       | Saint_Genet wrote:
       | So you're saying he bathed apes?
        
       | hamiltonians wrote:
       | dude should have done fake Saylor youtube livestreams instead.
       | More $ and no arrests.
        
       ___________________________________________________________________
       (page generated 2022-06-01 23:01 UTC)