[josh2600]

I think this is where it gets hairy: bitmex was 100% synthetic and denominated in btc. There’s no part of what they did that related to usd except that the trades were denominated in usd pricing, but all monetary flows in and out of the exchange were btc.

It may be the case they the US has jurisdiction over US customers anywhere in the world even if they aren’t transacting in US dollars. I guess we’re going to find out?

To be extra clear, it would be hard to call what bitmex sold a commodity futures contract because there was never a way to take delivery of the asset nor intention to do so. Their contracts were perpetual futures, which is to say: fictitious markers of value that can only ever be btc at the end of the day. This is why so many people referred to it as Arthur’s digital casino.

Edit: lastly, IANAL, it could be possible that the bsa includes Bitmex perpetual futures and this is open and shut. The interesting thing to me is the btc component but maybe that doesn’t matter at all?