2016-07-25miamiherald.com

Miami-Dade Circuit Judge Teresa Mary Pooler ruled that Bitcoin was not backed by any government or bank, and was not "tangible wealth" and "cannot be hidden under a mattress like cash and gold bars."

"The court is not an expert in economics; however, it is very clear, even to someone with limited knowledge in the area, the Bitcoin has a long way to go before it the equivalent of money," Pooler wrote in an eight-page order. The judge also wrote that Florida law -- which says someone can be charged with money laundering if they engage in a financial transaction that will "promote" illegal activity -- is way too vague to apply to Bitcoin.

...

In Espinoza's case, Miami Beach detectives found him through a Bitcoin exchange site, LocalBitcoins.com, and told him they were going to use the currency to purchase stolen credit-card numbers.

The detectives met with Espinoza, 32, three times in person: on Lincoln Road, at an ice cream shop and in a hotel room.

Espinoza was arrested along with another man, Pascal Reid, who pleaded guilty to acting as an unlicensed money broker and was sentenced to probation. Under his unusual plea deal, he agreed to teach law enforcement about Bitcoin.

At a hearing in May, a defense expert, Barry University economics professor Charles Evans, testified that Bitcoin was not actually money... At a hearing in May, a defense expert, Barry University economics professor Charles Evans, testified that Bitcoin was not actually money.

It's not necessarily a good thing for bitcoin not to be considered money. It seems like the court had to rely on some pretty questionable logic to come to the conclusion that bitcoin wasn't "money" (given that it is a store of value, medium of exchange, and unit of account). On the other hand, states have been moving for a while to a de facto position where anything other than fiat currency isn't considered by them to be "money" (having abandoned gold/silver money and gold-backed money a while ago), and there's a kind of "fairness" to that (i.e., think "render unto Caesar what is Caesar's"...) At any rate, anti-money laundering laws are insanely vague and over-broad, so this is probably a good result on that point alone. That is particularly evident here where this was a case of entrapment for a fictitious transaction that would actually not have led to any illegal activities -- the cops had to make a big show of divulging that they planned to do something illegal to get the requisite intent to launder money for an illegal activity. But in the wild, real criminals aren't announcing their intentions in marquee letters to third parties who have no need to know them -- revealing this case as in fact an "intimidation op" against those who would dare to use virtual currencies in a direct, more private manner.



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