Hayes, 36, and Delo, 38, each pleaded guilty Thursday to a single charge of violating the Bank Secrecy Act. Under the plea deal, the parties agreed that the federal sentencing guidelines call for a sentence of six to 12 months each.
Hayes and Delo each also agreed to pay a fine of $10 million. If convicted at trial, they had faced as much as five years in prison.
Prosecutors claimed they set up BitMEX in the Seychelles in part to avoid regulatory scrutiny.
Last August, BitMEX agreed to pay $100 million to resolve probes into the same conduct by the Commodity Futures Trading Commission and Financial Crimes Enforcement Network.
“Mr. Hayes accepts responsibility for his actions and looks forward to the time when he can put this matter behind him,”
The DOJ alleged in October 2020 that Hayes, Delo and fellow company owner Samuel Reed “attempted to evade” U.S. AML regulations by setting up shop offshore but allowing U.S. customers to transact on the platform. The CFTC’s charges added on to this, claiming BitMEX allowed U.S. customers to trade crypto derivatives products despite BitMEX not registering as a derivatives platform with the federal regulator.
BitMEX also allowed customers from Iran, a sanctioned jurisdiction, to use the platform, the DOJ said.
Ben looks forward to focusing his time and energy on his philanthropy – which this agreement allows him to do – and is grateful to his friends and family for their continued support.
Despite repeatedly stating that BitMEX did not serve U.S. customers, including to members of the press and others outside of BitMEX, HAYES and DELO both knew that BitMEX’s purported withdrawal from the U.S. market in or about September 2015 was a sham, and that purported “controls” BitMEX put in place to prevent U.S. trading were an ineffective facade that did not, in fact, prevent users from accessing or trading on BitMEX from the United States. HAYES and DELO not only understood that U.S. customers continued to trade on BitMEX, but derived substantial profits from BitMEX as a result of U.S.-based trading. HAYES and DELO actively sought out U.S. customers by using U.S.-based cryptocurrency “influencers” to market to new customers through BitMEX’s so-called “Affiliate Program.” HAYES also conducted U.S. television appearances and marketing stunts that promoted BitMEX’s products in the United States. DELO allowed a customer to continue to access a BitMEX trading account despite this customer explicitly being “US based,” merely because that customer was “famous in Bitcoin.” DELO falsely changed internal tracking information to reflect that customer’s country of residence as being other than the United States, despite knowing that to be false.
It’s business as usual, all funds are safe, and there is no impact to the functionality of the platform. All BitMEX operations, including deposits, withdrawals, and trading, are functioning normally.
Another article:
BitMEX Founders Arthur Hayes, Ben Delo Plead Guilty to Violating US Law https://www.coindesk.com/policy/2022/02/24/bitmex-founders-arthur-hayes-ben-delo-plead-guilty-to-violating-us-law
And more from The Block:
BitMEX co-founders Hayes and Delo plead guilty Bank Secrecy Act violations https://www.theblockcrypto.com/linked/135406/bitmex-co-founders-hayes-delo-plead-doj
DOJ Press Release:
Founders Of Cryptocurrency Exchange Plead Guilty To Bank Secrecy Act Violations https://www.justice.gov/usao-sdny/pr/founders-cryptocurrency-exchange-plead-guilty-bank-secrecy-act-violations
Arthur's blog:
https://blog.bitmex.com/author/arthur/
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