The former head of product at OpenSea, Nathaniel Chastain, will face trial on April 24th for wire fraud and money laundering charges. In October 2022, authorities indicted Chastain for allegedly making illegal profits from NFT sales in 2021. He allegedly used insider knowledge of which NFTs would appear on the front page of OpenSea to buy them before being featured and then sell them for a profit. Let’s take a closer look.
First Insider Trading Scheme Involving Digital Assets?
So, what’s actually happening? During the pre-trial phase, Nathaniel Chastain argued that the use of the term “insider trading” was moot. But, U.S. District Judge Jesse M. Furman denied his motion to remove it from the case. According to the Department of Justice, this is the first insider trading scheme involving digital assets. However, Chastain’s lawyers have argued that a question of precedent remains. This is because the assets in question are neither defined as securities nor commodities.
Judge Furman granted the government’s request to stop witnesses from giving their opinions on the case. He did this to prevent arguments that OpenSea didn’t suffer any harm. Nevertheless, an expert could still explain how Nathaniel Chastain’s actions affected the company. The court could also hear arguments on the issue of insider trading. However, Chastain’s lawyers claim that the term does not accurately reflect the nature of the alleged crime.
During the trial, Chastain may elect to testify on “his beliefs regarding the effects of his conduct on OpenSea on the theory that such testimony would be probative of willfulness and intent.” The judge also ruled that “Chastain may be entitled to cross-examine these witnesses about the clarity of the agreement (or lack thereof).” Ultimately, the court may rule on the matter at trial.
Insider trading in digital assets: Nathaniel Chastain’s trial highlights legal grey area
This case follows another digital asset insider trading case that concluded in February. Former Coinbase product manager Ishan Wahi pleaded guilty to two counts of conspiracy to commit wire fraud. Wahi’s attorneys argued that there was no regulatory clarity that the tokens he traded were securities. Additionally, they tried to dismiss the Securities and Exchange Commission’s case. However, prosecutors charged Wahi, his brother Nikkhil, and another individual, Sameer Ramani. Furthermore, the SEC filed civil charges against the trio for allegedly violating securities laws.
The digital asset market continues to evolve and regulators are working to define the rules around it. Cases like these highlight the importance of transparency and adherence to ethical standards. The NFT community will be closely watching the outcome of Nathaniel Chastain’s trial. Ultimately, it could set a precedent for future cases involving insider trading and digital assets.
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