Share on LinkedInShare on LinkedIn

ARTICLE · 06 NOVEMBER 2018

Virtual Currencies Are Commodities: Federal Court

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Contributor
Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

We have one of the largest Southeast Asia international law practices, working across the region...

View firm profile
Explore more from Herbert Smith Freehills Kramer LLP

The Act also prohibits dealing in futures of motion picture box office receipts and … onions.

United StatesTechnology

The U.S. District Court for the District of Massachusetts recently sided with the Commodity Futures Trading Commission (CFTC) and decided that virtual currencies are commodities. This ruling confirms the regulator's jurisdiction over virtual currencies and allows it to pursue fraud allegations against defendants My Big Coin Pay.

What makes a commodity?

Wheat, cotton, rice, corn, oats, barley, rye ... These are all listed in the Commodity Exchange Act's definition of "commodity," alongside other food products such as frozen concentrated orange juice. The Act also prohibits dealing in futures of motion picture box office receipts and ... onions.

But the story of the Onion Futures Act is best left for another day. When it comes to crypto-assets, the most relevant portion of the definition of "commodity" includes all services, rights and interests provided through contracts for future delivery, whether these contracts are dealt in presently or in the future. In a

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from