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Florida Judge Says Bitcoins Not Legal Tender

Friday, July 29, 2016 : BITCOINS ARE NOT LEGAL TENDER SAYS FLORIDA JUDGE
 
Cyber currency is property, but not money, Florida judge rules.
 
Florida Circuit Judge Teresa Pooler made an interesting ruling on the cyber currency Bitcoin this week, finding that it was not legal tender (ie money) but could be characterised as property.
 
The judge was presiding in a case against  a Bitcoin dealer named Michell Abner Espinoza who was caught in a police sting operation and accused of  knowingly selling Bitcoin that he knew were going to be used to purchase stolen credit numbers.
 
Admitting that her knowledge of Bitcoin and cyber currencies was not good, the judge nevertheless observed:
 
“This court is not an expert in economics. However, it is very clear, even to someone with limited knowledge in the area, that bitcoin has a long way to go before it is equivalent of money.”
 
“Bitcoin may have some attributes in common with what we commonly refer to as money,” the judge said, adding that the cyber currency is a very volatile form of exchange with major fluctuations in value.
 
That volatility, she found, has resulted in the limited ability of Bitcoin to function as a store of value...an important attribute of money as a vehicle of legal tender.
 
Consequently the judge ruled that Bitcoin could not be regarded as money in the accepted understanding, and she dismissed the case against Espinosa, setting an interesting legal precedent for future Bitcoin cases, particularly in Florida, where there was no previous case law of this type and no statutes.
 
The judge recognised this, opining: “The Florida legislature may choose to adopt statutes regulating virtual currency in the future. At this time, however, attempting to fit the sale of bitcoin into a statutory scheme regulating money services business is like fitting a square peg in a round hole.”
 
Legal opinions were divided on the issue. Charles Evans, associate professor of finance and economics at Barry University, was hired as an expert witness by the defence in Espinoza’s case, where he testified that bitcoin is not money.
 
However, Judith Alison Lee, a partner at the Gibson Dunn law firm who has written on virtual currency regulations in the US, said the judge’s ruling was counter to the direction federal regulators were headed.
 
“This decision by the judge is flat-right inconsistent with what the feds are doing,” Lee said. “It is surprising.”
 
Brian Klein, a partner at the Baker Marquart law firm in California who works on financial technology cases, said the case could have wider ramifications.
 
“The judge got it right,” he said. “Florida law enforcement overreached in charging Espinoza as it did. This decision will reverberate throughout the country and hopefully cause federal and state prosecutors to think twice before pursuing similar criminal charges.”
 
The US Internal Revenue Service taxes bitcoin as intangible personal property, not currency.

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Gambling News :

Anti Gambling bill S. 3376 - #s3376 Industry observers were taken by surprise late Friday when a little-known Republican Senator from Arkansas, Tom Cotton, filed the beginnings of a new bill in the US Senate Committee on the Judiciary in what appears to be a move to toughen the US legal stance on the Unlawful Internet Gaming Enforcement Act of 2006 and possibly the 1961 Wire Act.

2016 WPT Borgata Main Event Results - @MrJesseJames888 Four years ago the poker world watched as Jesse Sylvia and Greg Merson fought it out in the heads up of the World Series of Poker main event, with Sylvia narrowly defeated but taking home a second placing pay check for $5,292,889.

G-Sports debuts with the game Road Redemption - #esports Land, online and mobile gambling publisher Gamblit Gaming has debuted in the burgeoning eSports sector, unveiling its new eSports platform branded G-Sports with the hit PC and console game Road Redemption.

French licensed gambling operators lost $5M in 2015 - #france Numbers released by the French online gambling regulator ARJEL have illustrated the continued folly of a ring-fenced and restricted online gambling market saddled with a harsh and operator-unfriendly tax regime.

NO PRIVATISATION FOR ONTARIO LOTTERY - The privatisation of the Ontario provincial lottery will not go ahead despite proposals by major companies like IGT-GTech, Scientific Games and Rogers Communications submitted in response to the provincial government’s 2014 Request for Proposals.

Space Invaders wins Best Slot Product Award - The growing emphasis on skill-based slot machines that are more appealing to the millennial demographic has seen Scientific Games awarded a Best Slot accolade for its Space Invaders game at the 2016 Gaming and Technology Awards.

Loss Recovery Act has again been defeated in a class action lawsuit - #gameofwar Illinois notorious Loss Recovery Act has again been defeated in a class action lawsuit...this one emanating from in-game activity on a mobile social gaming video game.

NEW MARKETING CAMPAIGN FROM LADBROKES - The Ladbrokes land and online gambling group has launched its latest marketing campaign, with the first television advertisements ready to screen this Saturday.

Gamesys acquires Snowcat Games - London online gambling provider Gamesys has announced the acquisition of Estonian online gambling games developer Snowcat Games for an undisclosed consideration, noting that the deal will strengthen its development capabilities.

BetConstruct adds virtual sports products - The Golden Race package includes premium virtual content including; football, tennis, Real MMA Fighting, horse and greyhound racing, along with lotto and keno games content.

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