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CFTC Announces Federal Court Finds Virtual Currencies are Commodities, End of Security Debate?

Achal Arya
October 4, 2018 Updated May 15, 2024
Achal Arya

Achal Arya

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Achal Arya is a digital product designer and an entrepreneur. He did his masters degree in design from IIT Hyderabad and has a bachelors degree in Computer Science. He works in the Web3 domain and manages new developments at CoinGape. Follow him on X at @arya_achal or reach him at achal[at]coingape.com.
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CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

CFTC has declared that Federal Court agrees with the agency’s ruling of virtual currencies are commodities. So, does this mean it ends the security and commodity debate for all the cryptocurrencies?

Cryptocurrencies are Commodities, CFTC Asserts

The US Commodity Futures Trading Commission (CFTC) announced on Twitter that Federal Court finds virtual currencies as commodities.

According to the official report on CFTC website, on September 26, 2018, the Senior Judge Rya W. Zobel of the US District Court for the District of Massachusetts declared that CFTC has the power to prosecute fraud relating to virtual currencies.

In response, CFTC Director of Enforcement James McDonald commented:

“This is an important ruling that confirms the authority of the CFTC to investigate and combat fraud in the virtual currency markets. This ruling, like the one in McDonnell from Judge Weinstein in the Eastern District of New York, recognizes the broad definition of commodity under the CEA, and also that the CFTC has the power to prosecute fraud with respect to commodities including virtual currencies. We will continue to police these markets in close coordination with our sister agencies.”

Does it mean security and commodity debate is Over?

The court basically agreed with the CFTC’s argument for My Big Coin (MBC) virtual currency being a commodity under the Commodity Exchange Act (CEA). It has covered that MBC “is a virtual currency and it is undisputed that there is futures trading in virtual currencies (specifically involving Bitcoin).”

So, does this mean the security debate has come to an end? Well, this certainly does for Bitcoin as one Twitter user states, “This should be super bullish”, further commenting, “The fact they are commodities and not securities.”

Read more: US Regulators in Splits over the Future of Cryptocurrency as CFTC Chief States “Crypto are here to stay”

People are surely bullish as a Redditor comments in part,

“How is this General-News and not like, the possible Gravity Altering news it could be?”

However, SEC is still in the picture as well as another Redditor shares, “…although the CFTC declares virtual currency a commodity, it could still be considered by the SEC as security. So it didn’t clear out the implications of SEC decisions, it only gave CFTC the authority to bring cases to court as well.”

Also, there are hundreds of coins in the crypto market serving different purposes. Though this can’t be seen as a blanket statement, it just might set the precedence for a further ruling by authorities in the future.

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CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more… to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

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About Author
About Author
Achal Arya is a digital product designer and an entrepreneur. He did his masters degree in design from IIT Hyderabad and has a bachelors degree in Computer Science. He works in the Web3 domain and manages new developments at CoinGape. Follow him on X at @arya_achal or reach him at achal[at]coingape.com.
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
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