"he also patiently aided and educated her in best custody practices, as well as how to not “trigger” banking problems by using specific terms which could result in closure of her bank account (which is a fairly common occurrence and known concern for Bitcoin enthusiasts, particularly at that time). According to Hopkins, Prosecutors later disingenuously charged him with teaching this woman 'how to commit bank fraud.'"

and on that same site you have the FinCen memo which reads:

"Whether a person is a money transmitter under FinCEN’s regulations is a matter of facts and circumstances."

"This guidance may refer to a pattern of activity as a business model using a title or name (“label”) that may coincide with a label used by industry to designate a general type of product or service. The label, however, will not determine the regulatory application. Rather, this guidance applies to any business model that fits the same key facts and circumstances described in the guidance, regardless of its label."

"FIN-2008-G008, 'Application of the Definition of Money Transmitter to Brokers and Dealers in Currency and other Commodities,' September 10, 2008, states that as long as a broker or dealer in real currency or other commodities accepts and transmits funds solely for the purpose of effecting a bona fide purchase or sale of the real currency or other commodities for or with a customer, such person is not acting as a money transmitter under the regulations. However, if the broker or dealer transfers funds between a customer and a third party that is not part of the currency or commodity transaction, such transmission of funds is no longer a fundamental element of the actual transaction necessary to execute the contract for the purchase or sale of the currency or the other commodity, and the broker or dealer becomes a money transmitter. This regulatory interpretation extends to persons intermediating in the purchase and sale of securities or futures."