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Hartej Singh Sawhney is another one of the colorful characters in the American expat crypto circle. Now based in Kiev—which he contends is far more hospitable to digital currencies than the U. In my book BitMEX should be able to put up whatever. Their terms are very clear. The birth of BitMEX six years ago was perfectly timed—yet dangerously fraught. In the eyes of U. Hayes, Delo, and Reed were in the catbird seat and began to accumulate serious wealth.
All three are billionaires, according to sources familiar with their finances. At the same time, though, they were outsiders, suddenly playing in an arena that insiders were looking to co-opt. Remember synthetic collateralized debt obligations? For all its upside, BitMEX came with a vertiginous risk. For years Giancarlo pressed Congress to enact a comprehensive regulatory framework to cover the crypto sphere.
Instead, legislators have relied on laws from the s—the Securities Exchange Act and Commodity Exchange Act—which were later amended in the wake of the financial crisis. Even so, the rules remain woefully outdated. Understanding what BitMEX was selling is perhaps less important than whom the company was selling to. But U. It did not escape their attention that BitMEX had plenty of American depositors, many of whom disguised their location by using virtual private network VPN software.
They were flocking to BitMEX by the thousands. And even though Hayes is a product of the banking establishment, where whole departments are dedicated to enforcing anti-money-laundering AML and know-your-customer KYC requirements, his immersion into the deeply libertarian world of crypto seems to have blinded him to certain realities. Among them: U. Demirors was born in the Netherlands to Turkish parents, moved to the U.
It is not hard to see why Hayes and Demirors became friends—and kindred spirits. BitMEX incorporated in the Seychelles, a move that allowed the start-up to move fast and minimize its tax exposure while Western governments struggled to even understand—much less create a way to govern—the newfangled financial instruments and market that BitMEX was building.
Regulators are still trying to tackle the exchanging of fiat and Bitcoin. That might have been magical thinking. But where Chu saw chaos, Hayes saw opportunity. While Hayes and Delo stayed in Hong Kong, Reed got married and moved back to the States, settling in Milwaukee, where he operated out of coworking space. Come , BitMEX had to bring on 30 employees to cope with the explosion in trading. The firm moved into new office space, which it would soon outgrow. By , BitMEX had become a high-stakes bazaar, moving billions every day.
Since the indictment was unsealed in October, BitMEX has taken a huge hit; its market share and trading volume have dropped precipitously. A close friend insisted he was simply lampooning the thousands of attendees gathered inside the hotel—investors who talked a big game about cashing in on crypto, but who had really only succeeded in burning through millions in venture capital on harebrained schemes and ICOs initial coin offerings. Sam Reed kept an extremely low profile, a secret billionaire on paper walking the streets of Milwaukee.
Ben Delo, however, seemed to hunger for mainstream acceptance. Internet entrepreneur. Hayes, Delo, and Reed were literally moving in on the establishment. But ever eager to make a statement, BitMEX kitted out its office with an accessory none of those stodgy legacy companies had: a large aquarium inhabited, appropriately enough, by live sharks. By the summer of , the amount of money moving through BitMEX was staggering.
Dubbed Dr. In other words, he was about as establishment as Hayes was contrarian. Next to me is a gentleman who works with degenerate gamblers and retail suckers, nonaccredited investors. One hundred times leverage. So what?
You could trade this type of leverage anywhere you want to go. There was a great one A one-day spike in February —in the most highly regulated financial market in the world, highly liquid, and all these nice banks, people with suits on, went to nice universities, and your ETF went to fucking zero. As Hayes spoke, though, other parallels with Zuckerberg were unmistakable: the arrogance, the disdain for authority, and the tone-deafness that veered toward self-sabotage.
All of it was on display in Taipei. When asked if he might concede that U. A few weeks later Dr. Still fuming from Taipei, he trained his ire on BitMEX and its CEO, accusing them of sketchy business practices, such as using an internal for-profit trading desk to front-run their own clients and deriving up to half of their profits from liquidations—the suggestion being that BitMEX is highly incentivized to screw over the very people who trade on the platform.
He believed in the monetary revolution. But he also believed that it should be fun and it should be irreverent, and we should be able to laugh at ourselves and that we should be able to call out the bullshit.
Records show the house had been purchased a year before by a Delaware LLC. Hours later Audrey Strauss, the acting U. Sweeney Jr. Reed, the only defendant in the U. Professor Roubini had been sounding the alarm for well over a year—and in October, the feds answered. But it was not just the Justice Department. The CFTC—which protects retail and institutional investors from fraud, manipulation, and abusive practices related to the sale of futures and options—filed a civil suit against BitMEX and its founders for operating an unregistered trading platform and failing to implement required anti-money-laundering procedures.
The criminal case has stunned legal observers. Like other DOJ veterans I spoke with, she was struck by the absence of more substantive charges. By contrast, when the Justice Department went after another crypto-trading platform called BTC-e, in , it did so with a count indictment for, among other things, identity theft and facilitating drug trafficking, as well as helping to launder money for criminal syndicates— including those allegedly responsible for the Mt. Gox hack. An unregistered exchange like BitMEX, in fact, is allowed to sell leveraged commodities to American retail investors.
But it has to complete those transactions within 28 days. In short, Hayes, Delo, and Reed—three savvy guys with plenty of high-priced legal help—fell prey to a law, the Commodity Exchange Act. BitMEX does not collect any documents to verify the identity or location of the vast majority of its users.
Some feel strongly that the game is rigged. Who went to jail from HSBC for their money laundering and, you know, their Iran deals and all these kinds of sanctions violations? They got fined. That was hardly an aberration.
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