Avraham Eisenberg was arrested in Puerto Rico on Dec. 26 on commodities fraud and manipulation fees regarding the $110 million exploit of the decentralized Mango Markets change. Eisenberg had self-identified because the actor behind what he known as a “extremely worthwhile buying and selling technique” and insisted that he had taken “authorized open market actions, utilizing the protocol as designed.”
Eisenberg’s arrest predictably lit up crypto Twitter, with some observers paying specific consideration to the truth that commodities fraud fees had been being pressed in a case involving a crypto coin:
“AVRAHAM EISENBERG, the defendant, willfully and knowingly, straight and not directly, used and employed, and tried to make use of and make use of, in reference to a swap, a contract of sale of a commodity in interstate and international commerce.”
seems to be just like the Division of Justice is looking MNGO and/or CRV commodities (and never securities)!!!! pic.twitter.com/ZklOlubR8u
— scott (@scott_lew_is) December 27, 2022
Eisenberg had manipulated the worth of the change’s MNGO coin relative to the USDC (USDC) stablecoin after which took out loans in opposition to his collateral. For this, Eisenberg was charged with commodities fraud. Within the fees in opposition to Eisenberg, U.S. Federal Bureau of Investigation particular company Brandon Racz wrote:
“I perceive that digital currencies, resembling USDC, are ‘commodities’ beneath the Commodity Trade Act.”
DoJ: “USDC is a Commodity”
Man: “See! Shitcoins like Mango are a commodity, thats completely what the DoJ stated.”
For this reason you pay legal professionals people. Don’t do your personal lawyer-ing at residence, you’re going to get rekt. https://t.co/N9n7k4UdzK
— Mike Stroup (@MikeStroup10) December 29, 2022
The agent’s understanding that stablecoins are commodities is simply partially backed up by authorities coverage, though it cites the McDonnell case prosecuted by the U.S. Commodities Futures Buying and selling Fee (CFTC) as precedent. The declare that USDC is a commodity will not be as controversial as claiming the identical for MNGO, however could have bee a aware selection.
(4) the truth that the case would not characterize the related tokens as securities will not be in any means bullish/constructive and merely arises from litigation strategy–the fewer predicate points the govt. has to litigate in its case, the higher
— _gabrielShapir0 (@lex_node) December 27, 2022
The authorized technique behind the DOJ’s selection of the Commodity Trade Act (CEA) to prosecute the case gave the impression to be grounded in expediency. For one factor, the CEA addresses worth manipulation straight.
Associated: Hackers copied Mango Markets attacker’s strategies to use Lodestar — CertiK
As well as, the CFTC is usually seen as taking a softer strategy to crypto regulation than the SEC, though that notion is disputable.
