Why the Charges SBF Doesn’t Face Matter For Crypto

Prosecutors have been using this charge in crypto cases for years but not, as yet, in a forum as prominent as the current FTX trial. Nevertheless, a § 1960 charge carries felony penalties and significant exposure under the federal asset forfeiture laws, all without reference to fraud and, importantly, without any concern for whether the transmission of value is in the form of a “security,” “commodity” or “currency.”