Cryptocurrency derivatives exchange BitMEX, and its executives, are facing a lawsuit for alleged racketeering, money laundering, wire fraud and unlicensed money transmission.
Deliberately designed for illegal activities?
In a lawsuit filed by BMA LLC in the United States District Court for the Northern District of California on 16 May, BitMEX was accused of being “deliberately designed, from the ground up” to aid or abet in a “myriad of illegal activities.”
The top of executives of HDR Global Trading, BitMEX’s parent company, including Arthur Hayes, Ben Delo, and Samule Reed, are also individually accused of engaging in, or abetting, the crimes in the lawsuit, with the plaintiff saying the magnitude of the illegality committed at BitMEX is “truly staggering.”
Biggest unlicensed money transmission crime in US history?
Though HDR trading is listed in the Seychelles, the lawsuit was brought in California because BMA LLC claim that BitMEX’s executives have close connections to the state, and the Northern District. Backing this up, the plaintiff has cited sources claiming that almost 15% of BitMEX’s trading volume, which was around $138 billion, involved US-based traders – something BitMEX vigorously denies.
If the accusations are true, it could mean that BitMEX handled around $3 billion of money transfers each day, despite not being licensed as a money transmission business in the United States – which would mean BitMEX was guilty of the biggest crime of its kind in US history.
The plaintiff also accused HDR Trading of registering in the Seychelles solely to avoid scrutiny, quoting Hayes himself as having said the company had been registered there because it was cheaper to bribe officials than in the United States.
To give some perspective on this point, despite popular misconceptions, according to Transparency International, the level of corruption in the Seychelles is not high – with the country ranking at 27th out of 180 (with 1 being least corrupt, and 180 being most corrupt). This places it far above countries like Malta, the EU-member state and iGaming/blockchain hub, which ranked 50th.
Allegation after allegation…
But it doesn’t end there. BMA LLC has also accused BitMEX and its executives of racketeering, cryptocurrency market manipulation, wire fraud and many other illegal activities.
Specifically, the lawsuit claims the way BitMEX operates allows manipulators and money launderers to operate with ease, enabling them to run an unlimited number of anonymous and unverified accounts, subject to no limits.
It is also claimed that BitMEX deliberately uses fake technical problems, like system overloads and crashes to ensure it can control which specific trading orders are completed during volatile market conditions, and to manipulate price fluctuations and trigger liquidations.
The exchange is also accused of operating its own for-profit trading desk, that trades against BitMEX’s own customers, making use of inside information. The fact that BitMEX admitted insider trading in April 2018 won’t help their defence on this point.
In all, there are more than 100 pages of specific allegations in the lawsuit.
AYO.NEWS says:
BitMEX and its executives, especially Arthur Hayes, are no stranger to controversy, but clearly the sheer scale and seriousness of the accusations in this lawsuit have the potential to sink the exchange entirely, and change the lives of its executives.
With BitMEX also being sued by early investors to the tune of $540 million, the pressure really is mounting on the company. As with all these cases in the United States, it’s sure to be a long-drawn out process, but there will be millions of people watching it closely…
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