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The Federalization of Bitcoins

By James Ching
May 31, 2013

On March 18, the Financial Crimes Enforcement Network of the Treasury Department (FinCEN) issued guidance on the application of its regulations: 'Application of FinCEN's Regulations to Persons Administering, Exchanging, or Using Virtual Currencies.' Much of its attention is focused on the bitcoin, a virtual currency introduced in 2009, although this currency is not mentioned by name.'

FinCEN's jurisdiction is, in part, the regulation of money services businesses. Such businesses, including those deemed money transmitters, are subject to reporting requirements, such as reports on currency transactions, including suspicious activities related to such transactions. See, 31 C.F.R. section 103.20. Criminal and civil penalties apply to the non-registered and non-reporting money services businesses. See, 31 C.F.R. section 103.41(e).

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