U.S. Department of Justice Indicts Russian National and Bitcoin Exchange

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On July 26, 2017, the U.S. Department of Justice announced that a grand jury in the Northern District of California had indicted Alexander Vinnik, a Russian national, and BTC-e, the bitcoin exchange that Vinnik allegedly operated, and one of the world’s largest and most widely used digital currency exchanges.

The 21-count indictment alleges that Vinnik, who had been arrested in Greece a day earlier on July 25, owned and operated several BTC-e accounts, including administrator accounts.  According to the indictment, numerous withdrawals from BTC-e administrator accounts were deposited directly into Vinnik’s personal bank accounts, and certain well-known hacks and thefts from bitcoin exchanges were funded through one of Vinnik’s BTC-e administrator accounts.  The indictment also alleges that Vinnik received funds from the infamous hack of another bitcoin exchange, Mt. Gox, and that Vinnik funneled those funds through BTC-e accounts.

With respect to the bitcoin exchange itself, the indictment alleges that BTC-e was operated to facilitate transactions for cybercriminals around the globe, and that BTC-e received proceeds from various criminal schemes, including identify theft, corruption, and narcotics distribution schemes.  The indictment further alleges that BTC-e has received more than $4 billion worth of bitcoin.  According to the indictment, BTC-e did substantial business in the U.S., but had not registered as a money service business with the U.S. Department of Treasury, and lacked anti-money laundering and customer identify verification processes.

BTC-e and Vinnik are each charged with one count of operation of an unlicensed money service business in violation of 8 U.S.C. § 1960, and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h).  The indictment also charges Vinnik with seventeen counts of money laundering, in violation of 18 U.S.C. § 1956(a)(1), and two counts of engaging in unlawful monetary transactions, in violation of 18 U.S.C. § 1957.

In addition, on July 26, 2017, FinCEN assessed a $110 million civil monetary penalty against BTC-e, and a $12 million civil monetary penalty against Vinnik, for violations of anti-money laundering laws.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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