Breaking: 紐約法官批准證券法應用於加密貨幣 NY Judge Rules Securities Laws Can Apply to Crypto
In what appears to be the first U.S. court case to address the matter, a New York federal judge has ruled that U.S. securities laws are applicable for prosecuting crypto fraud allegations, Reuters reports September 11.
U.S. District Judge Raymond Dearie ruled that the case against Brooklyn resident Maksim Zaslavskiy, which alleges that he defrauded investors in two cryptocurrencies reportedly backed by real estate and diamonds, can continue.
美國地方法院法官Raymond Dearie裁定，針對布魯克林居民Maksim Zaslavskiy的案件可以繼續，他被指控在兩個由房地產和鑽石支持的加密貨幣中欺騙投資者。
Dearie ruled Tuesday, Sept. 11, that federal securities laws should be interpreted 「flexibly,」 dismissing a motion from Zaslavskiy』s lawyers to drop the charges on the grounds that the cryptocurrencies didn』t fall under the Securities Exchange Act.
As cited by the Financial Times, Judge Dearie wrote in a statement, 英國「金融時報」記載，迪爾法官在一份聲明中寫道:
「The question is whether the 『elements of a profit-seeking business venture』 are sufficiently alleged in the indictment, such that, if proven at trial, a reasonable jury could conclude that 『investors provide[d] the capital and share[d] in the earnings and profits; [and] the promoters manage[d], control[ed] and operate[d] the enterprise.』 For present purposes, we conclude that they are.」
Prosecutors have claimed that in 2017, Zaslavskiy gained at minimum $300,000 from investors for a cryptocurrency called REcoin, which claimed to be backed by real estate, and Diamond, 「backed」 by diamonds. Prosecutors allege that no real estate or diamonds backed the digital assets.
Dearie noted that it would be up to the jury to make a final decision, adding that Zaslavskiy』s lawyers will be able to make their case in court that the aforementioned tokens should be considered currencies, making securities laws not applicable.