Florida Appeals Espinoza Decision, Bitcoin’s Status at Stake
The state Florida made headlines when Miami-Dade’s Circuit Judge Teresa Mary Pooler tossed out anti-money-laundering charges against website designer Michell Espinoza. According to recent reports, though, the state is filing an appeal against the decision to dismiss charges. State Of Florida Appeals Judge Pooler’s Decision to Dismiss Charges. In February....
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The state of Florida has appealed a recent court decision that saw a judge dismiss charges against a local bitcoin seller. The news marks the latest twist in Florida v Michell Espinoza, a case filed in 2014 in which a Florida-based bitcoin seller was brought up on charges for unlicensed money transmission and money laundering. The case is best known for a decision by Judge Teresa Mary Pooler in which she sided with Espinoza's attorneys when they argued that bitcoin doesn't qualify as money. She wrote in her decision at the time that she believes it remains difficult to "accurately....
Judge Pooler's recent decision to not consider bitcoin as a currency has sparked a debate among the digital currency community about the digital currency's status. What is Bitcoin? If you ask a Bitcoin user, he will call it a form of currency similar to the US dollar or the British Pound Sterling. However, when it comes to the government bureaucracy and the judiciary the answer isn’t that simple. The debate about whether Bitcoin is a currency or a commodity is reignited following the recent judgement in a lawsuit against Michell Espinoza. Michell Espinoza, who was charged with money....
Michell Espinoza had a good Monday. On that day last week, the South Florida bitcoin exchanger saw money transmission and money laundering charges against him dismissed. Espinoza was arrested in 2014 for selling bitcoins to an undercover law enforcement agent, and he has again been thrust into the spotlight due to the potential impact of the case. The court's eight-page opinion, discussing the application of Florida money transmission and money laundering statutes to sales of bitcoin, was the first of its kind, and it suggested that certain notions of how the law views transactions made in....
A Miami, Florida, trial court recently dismissed a criminal case against a defendant who had sold bitcoin to a police detective as part of an undercover investigation. The case, Florida v Espinosa, has been already been cited by some potentially important precedent for future cases, particularly those where bitcoin's status as "money" or "currency" is at issue. Bitcoin industry advocates will also cite the case when arguing for legislative reform and greater regulatory clarity. But, as legal precedent, Espinosa's value may be limited. It’s a single decision from a....
The state of Florida has an interesting relationship with Bitcoin. The sunshine state has seen many legal cases on the subject — most notably the recent Michell Espinoza trial. Amid the proceedings, lawmakers in Florida are preparing to draft legislation that may finally recognize Bitcoin as a currency. Florida’s Senate Will See a Bitcoin Bill This Year.....