ARTICLE
3 October 2018

Federal District Court Confirms that Cryptocurrencies Are "Commodities" Under CFTC Jurisdiction

HL
Hogan Lovells Cadwalader

Contributor

Hogan Lovells Cadwalader is a global law firm trusted by clients to deliver on complex, high-stakes matters.

Operating at the intersection of business, finance, and government, we bring an unwavering commitment to client service and the decisive counsel that helps clients achieve exceptional results.

Consistently recognized for innovation across legal services, we combine sharp judgment with deep commercial perspective and intellectual rigor to address critical, cutting-edge challenges.

With 3,100 lawyers worldwide, we offer global scale with strong local insight in the markets that matter most. Our commitment extends beyond client work through pro bono activities, community investment, and responsible business practices.

The U.S. District Court for the District of Massachusetts ruled that cryptocurrencies fall within the definition of a "commodity" under the Commodity Exchange Act.
United States Finance and Banking
Hogan Lovells Cadwalader are most popular:
  • within Intellectual Property, International Law, Litigation and Mediation & Arbitration topic(s)

The U.S. District Court for the District of Massachusetts ruled that cryptocurrencies fall within the definition of a "commodity" under the Commodity Exchange Act.

In a Motion to Dismiss, defendants argued that an allegedly fraudulent cryptocurrency, My Big Coin, is not a "commodity" since it does not deal in "contracts for future delivery" and thus is not within the CFTC's jurisdiction over commodities. The plaintiff responded that there is future trading in cryptocurrencies and, as a result, My Big Coin falls under CFTC jurisdiction.

The Court denied the Motion to Dismiss and held that Congress defines a commodity by focusing on categories (e.g., cryptocurrency), not specific items (e.g., My Big Coin).

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.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More