Will be interesting to see how this turns out
WASHINGTON — Whether bitcoin is actual currency is at the forefront of a first-of-its-kind money-laundering case in Florida to be decided Friday.
In February 2014, Michel Espinoza was arrested in a Miami Beach motel for agreeing to sell $30,000 worth of bitcoin to an undercover police officer he had met on an exchange site called LocalBitcoins.com.
Prosecutors charged that Espinoza violated Florida statutes on money laundering and for operating an unlicensed money transmitting business.
But the defense has argued that these laws do not apply to Espinoza's case, because he was not selling currency — he was selling bitcoin.
"It's just like you selling your own personal property," Rene Palomino Jr., Espinoza's attorney, said in a court filing. "Since bitcoins are 'goods,' Espinoza's alleged conduct is excluded from the definition of the term 'money transmitter' " under both state and federal law.
The case highlights a conundrum that has confused digital currency companies and state regulators alike: how to deal with a digital asset that is not a legal tender but can still hold value.
21 Feb ’12
Lol this is just silly. There are some things that government simply CAN'T do. One of them is decide if something is, or in this case is not money. Money or currency is simply a medium of exchange for the value of labor. It doesn't matter if you are paying me in bread or in gold or in lumber for my work, what I consider acceptable compensation for my labor then becomes money, at least in the moment of that exchange.
A guy in a robe can't arbitrarily decide "well that's not money", because if two people finalize a transaction using that "non money" medium, well then it's become money again hasn't it? it's about perceived value and mutual benefit, and those things can't be mandated. The best they could do is simply ban bitcoin outright, which would be pretty tyrannical to say the least.
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