An NFT insider trading case in the US indicates the difficulties in categorizing NFTs.
NFTs remain outside of regulatory frameworks, and occupy a distinct crypto niche.
In New York last week, the trial began of a former OpenSea employee who was indicted for wire fraud and money laundering in what is being seen as the first case of insider trading related to NFTs. He has been convicted of wire fraud and money laundering, both of which carry a maximum sentence of twenty years in prison. His sentencing is pending for 22 August.
To sum up what happened, OpenSea is the leading NFT marketplace (and completely dominated the sector at the time of the alleged crimes, June to September 2021), and often featured NFT collections of its choosing on its front page, which led to prices on those collections going up.
Nathaniel Chastain knew in advance which collections would be featured, and is accused of buying items from those collections in advance and selling them at a profit when being featured as their prices rose.
He did this using multiple anonymous wallets, and in contradiction of his contract, which prohibited such behavior.
Chastainâs lawyers have argued that the term âinsider tradingâ should not be applied, since the defendant was not trading securities, and the term may confuse a jury. As such, the case raises the question of whether insider trading can refer to the trade of, essentially, anything, but it also has implications for NFTs, and how they are classified.
What Kind of Assets Are NFTs?
The prosecutors, in this case, charged Chastain, now a convict, with wire fraud and money laundering, meaning there is no requirement for them to identify NFTs as securities, but could NFTs, in fact, be classified as such?
This issue ties into wider debates around crypto and its regulation in the US, and globally, and there are mixed messages. The CFTC in the US oversees commodities, and has, in its case against Binance, stated that Bitcoin, Ethereum and Litecoin are commodities. Meanwhile, as an example of regulatory contradiction, the SEC, which deals with securities, charged crypto platform Bittrex for âoperating an unregistered national securities exchange, broker, and clearing agency.â
Today we charged crypto asset trading platform Bittrex Inc. and its co-founder and former CEO William Shihara for operating an unregistered national securities exchange, broker, and clearing agency.https://t.co/kBsIFMp7ZA
â U.S. Securities and Exchange Commission (@SECGov) April 17, 2023
Sounds confusing? Thatâs the general consensus. And, when it comes to NFTs, it gets more difficult to make a clean call, since NFTs really just refer to a kind of technology, a token that is non-fungible, that can be used for all manner of applications.
If an artist sells a unique composition as an NFT, itâs difficult to see how thatâs substantially different to selling a painting (and so, not a security). But, what if a web3 start-up offers 10,000 NFTs, perhaps featuring pixel art, or cartoon apes, or perhaps just identical ticket-like designs, offering membership of their community? What exactly would traders be buying into here? Are they in it for the artistic token design, or is that incidental? Is this an investment opportunity, what happens to the funds raised, and are the tokens bought in anticipation of price increases as the project grows?
Keep in mind, that there are NFTs offering metaverse avatars, gaming items, membership of Discord communities, PFPs, access to art launches, access to media organizations, and there are some that act simply as small-supply, meme-driven speculative tokens (and there are other uses beyond all these, too).
All of this indicates that NFTs, when taken as a whole, may simply defy classification, while individual projects and collections can each be assessed on their own merits.
Wider Regulatory Implications
It has appeared recently that US authorities are on the offensive against crypto, but the Chastain trial suggests that there is still a lack of clarity around which authorities should be focused on NFTs.
In the EU, there is a more progressive attitude towards crypto, and recently passed MiCA legislation looks to have set the region on a path towards integrating the crypto industry and reducing risks. However, itâs notable that MiCA does not, in its current format, cover NFTs, and again, the classification may be difficult when it comes time for the EU to deal with this corner of the crypto world.
On top of that, this brings into focus another issue that wonât go away: the fact that existing regulatory frameworks in the US simply may not adequately cover crypto, while in Europe, MiCA is providing a new model that specifically deals with crypto. This difference in approach could potentially create an unsustainable situation for the US, which risks falling behind in getting to grips with the crypto industry and how it integrates with traditional finance.
NFTs Remain an Outsider Interest
Returning to NFTs, they have, throughout their short timeline, mainly existed as an eccentric fringe in a crypto world that is itself unorthodox. Even long-standing crypto enthusiasts are divided on NFTs, some will collect and trade, some reject them completely, and NFTs have moved in attention cycles that donât always match up with the broader crypto market cycle.
Recently, NFT trading has declined in volume and active wallets, and collection prices are down, at exactly the moment that memecoin trading (or, arguably, gambling) has taken off, suggesting that those in search of quick NFT-trading profits are, temporarily at least, putting their money to work elsewhere.
PEPE has led the memecoin charge. Chart from CoinMarketCap
However, this scenario, of attention ebbing and flowing, is nothing new for NFTs, which often seem to revel in their outsider status. And, with NFTs crossing over into a wide array of sectors, including the world of experimental art, itâs possible that even though theyâre currently out in the cold amid stories of insider misconduct, theyâll experience new surges of interest in future. After all, traditional art markets are themselves no strangers to fraudulent activity, and so perhaps the digital art realm is, in some respects, treading a familiar path.
In New York last week, the trial began of a former OpenSea employee who was indicted for wire fraud and money laundering in what is being seen as the first case of insider trading related to NFTs. He has been convicted of wire fraud and money laundering, both of which carry a maximum sentence of twenty years in prison. His sentencing is pending for 22 August.
To sum up what happened, OpenSea is the leading NFT marketplace (and completely dominated the sector at the time of the alleged crimes, June to September 2021), and often featured NFT collections of its choosing on its front page, which led to prices on those collections going up.
Nathaniel Chastain knew in advance which collections would be featured, and is accused of buying items from those collections in advance and selling them at a profit when being featured as their prices rose.
He did this using multiple anonymous wallets, and in contradiction of his contract, which prohibited such behavior.
Chastainâs lawyers have argued that the term âinsider tradingâ should not be applied, since the defendant was not trading securities, and the term may confuse a jury. As such, the case raises the question of whether insider trading can refer to the trade of, essentially, anything, but it also has implications for NFTs, and how they are classified.
What Kind of Assets Are NFTs?
The prosecutors, in this case, charged Chastain, now a convict, with wire fraud and money laundering, meaning there is no requirement for them to identify NFTs as securities, but could NFTs, in fact, be classified as such?
This issue ties into wider debates around crypto and its regulation in the US, and globally, and there are mixed messages. The CFTC in the US oversees commodities, and has, in its case against Binance, stated that Bitcoin, Ethereum and Litecoin are commodities. Meanwhile, as an example of regulatory contradiction, the SEC, which deals with securities, charged crypto platform Bittrex for âoperating an unregistered national securities exchange, broker, and clearing agency.â
Today we charged crypto asset trading platform Bittrex Inc. and its co-founder and former CEO William Shihara for operating an unregistered national securities exchange, broker, and clearing agency.https://t.co/kBsIFMp7ZA
â U.S. Securities and Exchange Commission (@SECGov) April 17, 2023
Sounds confusing? Thatâs the general consensus. And, when it comes to NFTs, it gets more difficult to make a clean call, since NFTs really just refer to a kind of technology, a token that is non-fungible, that can be used for all manner of applications.
If an artist sells a unique composition as an NFT, itâs difficult to see how thatâs substantially different to selling a painting (and so, not a security). But, what if a web3 start-up offers 10,000 NFTs, perhaps featuring pixel art, or cartoon apes, or perhaps just identical ticket-like designs, offering membership of their community? What exactly would traders be buying into here? Are they in it for the artistic token design, or is that incidental? Is this an investment opportunity, what happens to the funds raised, and are the tokens bought in anticipation of price increases as the project grows?
Keep in mind, that there are NFTs offering metaverse avatars, gaming items, membership of Discord communities, PFPs, access to art launches, access to media organizations, and there are some that act simply as small-supply, meme-driven speculative tokens (and there are other uses beyond all these, too).
All of this indicates that NFTs, when taken as a whole, may simply defy classification, while individual projects and collections can each be assessed on their own merits.
Wider Regulatory Implications
It has appeared recently that US authorities are on the offensive against crypto, but the Chastain trial suggests that there is still a lack of clarity around which authorities should be focused on NFTs.
In the EU, there is a more progressive attitude towards crypto, and recently passed MiCA legislation looks to have set the region on a path towards integrating the crypto industry and reducing risks. However, itâs notable that MiCA does not, in its current format, cover NFTs, and again, the classification may be difficult when it comes time for the EU to deal with this corner of the crypto world.
On top of that, this brings into focus another issue that wonât go away: the fact that existing regulatory frameworks in the US simply may not adequately cover crypto, while in Europe, MiCA is providing a new model that specifically deals with crypto. This difference in approach could potentially create an unsustainable situation for the US, which risks falling behind in getting to grips with the crypto industry and how it integrates with traditional finance.
NFTs Remain an Outsider Interest
Returning to NFTs, they have, throughout their short timeline, mainly existed as an eccentric fringe in a crypto world that is itself unorthodox. Even long-standing crypto enthusiasts are divided on NFTs, some will collect and trade, some reject them completely, and NFTs have moved in attention cycles that donât always match up with the broader crypto market cycle.
Recently, NFT trading has declined in volume and active wallets, and collection prices are down, at exactly the moment that memecoin trading (or, arguably, gambling) has taken off, suggesting that those in search of quick NFT-trading profits are, temporarily at least, putting their money to work elsewhere.
PEPE has led the memecoin charge. Chart from CoinMarketCap
However, this scenario, of attention ebbing and flowing, is nothing new for NFTs, which often seem to revel in their outsider status. And, with NFTs crossing over into a wide array of sectors, including the world of experimental art, itâs possible that even though theyâre currently out in the cold amid stories of insider misconduct, theyâll experience new surges of interest in future. After all, traditional art markets are themselves no strangers to fraudulent activity, and so perhaps the digital art realm is, in some respects, treading a familiar path.
Sam White is a writer and journalist from the UK who covers cryptocurrencies and web3, with a particular interest in NFTs and the crossover between art and finance. His work, on a wide variety of topics, has appeared on platforms including The Spectator, Vice and Hacker Noon.
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Charlotte reflects on the Summit so far and talks about the culture inside fintech banks today. We look at the pressures that come with scaling, and how firms can hold onto the nimble approach that made them stand out early on.
We also cover the state of payments ahead of her appearance on the payments roundtable: the blockages financial firms face, the areas that still need fixing, and what a realistic solution looks like in 2026.
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Charlotte reflects on the Summit so far and talks about the culture inside fintech banks today. We look at the pressures that come with scaling, and how firms can hold onto the nimble approach that made them stand out early on.
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We speak about market structure, the institutional view on liquidity, and the sharp rise of prop trading, a sector Drew has been commenting on in recent months. Drew explains why he once dismissed prop trading, why his view changed, and what he now thinks the model means for brokers, clients and risk managers.
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We speak about market structure, the institutional view on liquidity, and the sharp rise of prop trading, a sector Drew has been commenting on in recent months. Drew explains why he once dismissed prop trading, why his view changed, and what he now thinks the model means for brokers, clients and risk managers.
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We speak about market structure, the institutional view on liquidity, and the sharp rise of prop trading, a sector Drew has been commenting on in recent months. Drew explains why he once dismissed prop trading, why his view changed, and what he now thinks the model means for brokers, clients and risk managers.
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We speak about market structure, the institutional view on liquidity, and the sharp rise of prop trading, a sector Drew has been commenting on in recent months. Drew explains why he once dismissed prop trading, why his view changed, and what he now thinks the model means for brokers, clients and risk managers.
We explore subscription-fee dependency, the high reneging rate, and the long-term challenge: how brokers can build a more stable and honest version of the model. Drew also talks about the traffic advantage standalone prop firms have built and why brokers may still win in the long run if they take the right approach.
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We speak about market structure, the institutional view on liquidity, and the sharp rise of prop trading, a sector Drew has been commenting on in recent months. Drew explains why he once dismissed prop trading, why his view changed, and what he now thinks the model means for brokers, clients and risk managers.
We explore subscription-fee dependency, the high reneging rate, and the long-term challenge: how brokers can build a more stable and honest version of the model. Drew also talks about the traffic advantage standalone prop firms have built and why brokers may still win in the long run if they take the right approach.
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We start with Aydinâs view of the Summit and the challenges brokers face as fraud tactics grow more complex. He explains how firms can stay ahead through real-time signals, data patterns, and early-stage detection.
We also talk about AI training and why compliance teams often struggle to keep models accurate, fair, and aligned with regulatory expectations. Aydin breaks down what âgoodâ AI training looks like inside a financial environment, including the importance of clean data, domain expertise, and human oversight.
He closes with a clear message: fraud is scaling, and so must the tools that stop it.
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We start with Aydinâs view of the Summit and the challenges brokers face as fraud tactics grow more complex. He explains how firms can stay ahead through real-time signals, data patterns, and early-stage detection.
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He closes with a clear message: fraud is scaling, and so must the tools that stop it.
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We start with Aydinâs view of the Summit and the challenges brokers face as fraud tactics grow more complex. He explains how firms can stay ahead through real-time signals, data patterns, and early-stage detection.
We also talk about AI training and why compliance teams often struggle to keep models accurate, fair, and aligned with regulatory expectations. Aydin breaks down what âgoodâ AI training looks like inside a financial environment, including the importance of clean data, domain expertise, and human oversight.
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Exness expands its presence in Africa: Inside our interview with Paul Margarites in Cape Town
Exness expands its presence in Africa: Inside our interview with Paul Margarites in Cape Town
Exness expands its presence in Africa: Inside our interview with Paul Margarites in Cape Town
Exness expands its presence in Africa: Inside our interview with Paul Margarites in Cape Town
Exness expands its presence in Africa: Inside our interview with Paul Margarites in Cape Town
Exness expands its presence in Africa: Inside our interview with Paul Margarites in Cape Town
Finance Magnates met with Paul Margarites, Exness regional commercial director for Sub-Saharan Africa, during a visit to the firmâs office opening in Cape Town. In this talk, led by Andrea Badiola Mateos, Co-CEO at Finance Magnates, Paul shares views on the South African trading space, local user behavior, mobile trends, regulation, team growth, and how Exness plans to grow in more markets across the region. @Exness
Read the article at: https://www.financemagnates.com/thought-leadership/exness-expands-its-presence-in-africa-inside-our-interview-with-paul-margarites/
#exness #financemagnates #exnesstrading #CFDtrading #tradeonline #africanews #capetown
Finance Magnates met with Paul Margarites, Exness regional commercial director for Sub-Saharan Africa, during a visit to the firmâs office opening in Cape Town. In this talk, led by Andrea Badiola Mateos, Co-CEO at Finance Magnates, Paul shares views on the South African trading space, local user behavior, mobile trends, regulation, team growth, and how Exness plans to grow in more markets across the region. @Exness
Read the article at: https://www.financemagnates.com/thought-leadership/exness-expands-its-presence-in-africa-inside-our-interview-with-paul-margarites/
#exness #financemagnates #exnesstrading #CFDtrading #tradeonline #africanews #capetown
Finance Magnates met with Paul Margarites, Exness regional commercial director for Sub-Saharan Africa, during a visit to the firmâs office opening in Cape Town. In this talk, led by Andrea Badiola Mateos, Co-CEO at Finance Magnates, Paul shares views on the South African trading space, local user behavior, mobile trends, regulation, team growth, and how Exness plans to grow in more markets across the region. @Exness
Read the article at: https://www.financemagnates.com/thought-leadership/exness-expands-its-presence-in-africa-inside-our-interview-with-paul-margarites/
#exness #financemagnates #exnesstrading #CFDtrading #tradeonline #africanews #capetown
Finance Magnates met with Paul Margarites, Exness regional commercial director for Sub-Saharan Africa, during a visit to the firmâs office opening in Cape Town. In this talk, led by Andrea Badiola Mateos, Co-CEO at Finance Magnates, Paul shares views on the South African trading space, local user behavior, mobile trends, regulation, team growth, and how Exness plans to grow in more markets across the region. @Exness
Read the article at: https://www.financemagnates.com/thought-leadership/exness-expands-its-presence-in-africa-inside-our-interview-with-paul-margarites/
#exness #financemagnates #exnesstrading #CFDtrading #tradeonline #africanews #capetown
Finance Magnates met with Paul Margarites, Exness regional commercial director for Sub-Saharan Africa, during a visit to the firmâs office opening in Cape Town. In this talk, led by Andrea Badiola Mateos, Co-CEO at Finance Magnates, Paul shares views on the South African trading space, local user behavior, mobile trends, regulation, team growth, and how Exness plans to grow in more markets across the region. @Exness
Read the article at: https://www.financemagnates.com/thought-leadership/exness-expands-its-presence-in-africa-inside-our-interview-with-paul-margarites/
#exness #financemagnates #exnesstrading #CFDtrading #tradeonline #africanews #capetown
Finance Magnates met with Paul Margarites, Exness regional commercial director for Sub-Saharan Africa, during a visit to the firmâs office opening in Cape Town. In this talk, led by Andrea Badiola Mateos, Co-CEO at Finance Magnates, Paul shares views on the South African trading space, local user behavior, mobile trends, regulation, team growth, and how Exness plans to grow in more markets across the region. @Exness
Read the article at: https://www.financemagnates.com/thought-leadership/exness-expands-its-presence-in-africa-inside-our-interview-with-paul-margarites/
#exness #financemagnates #exnesstrading #CFDtrading #tradeonline #africanews #capetown
