Former OpenSea employee gets 3 months in prison for illegal trade

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Nathan Chastain, a former product manager at OpenSea, was sentenced Tuesday to three months in prison (and more) in connection with what the US Department of Justice (DOJ) describes as the “first-ever digital asset insider trading system,” according to Tuesday’s press release.

First-ever digital asset insider trading scheme

Chastain, 31, was forced to resign from his position at OpenSea in September 2021. He was charged in 2022 by the US Attorney’s Office of Manhattan with misusing his role to the extent that he had the authority to select the NFTs listed to appear on OpenSea’s homepage. the illegal purposes of making a profit.

Federal prosecutors alleged that Chastain made more than $50,000 buying specific NFTs he knew would appear on OpenSea’s website from June 2021 to September 2021, then selling those NFTs at inflated prices — all housed in anonymous wallets and OpenSea accounts he created.

“Nathanial Chastain leveraged his advanced knowledge of which NFTs would appear on OpenSea’s website to make profitable trades for himself,” US attorney Damian Williams told Reuters in May.

His trial began on April 24 and was expected to last one to two weeks. Once it was finalized, however, after three days of deliberation, the jurors were convinced that Chastain was guilty of both fraud and money laundering.

Ironically, the allegations against Chastain by federal prosecutors, which were described as an “insider trading scheme,” do not include traditional insider trading allegations, which you would normally expect to be tied to a securities violation case. or raw materials. For this reason, the jury was initially instructed to ignore any mention of “insider trading” and to focus only on the charges of “wire fraud” and “money laundering.”

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His imprisonment

As for Tuesday’s jail sentence, Chastain was also sentenced to three months of house arrest, three years of supervised release, fined $50,000 (so much for keeping that $50,000 profit from selling those NFTs), and ordered to sell the Ether (ETH) to forfeit. enabled trading those with NFT – specifically 15.9 ETH (about $26,000 at the time of writing).

Unfortunately, Chastain’s prison sentence was significantly shorter than the two-year sentence that federal prosecutors had originally called for, citing Coinbase’s previous insider trading case. In this case, U.S. District Judge Jesse M. Furman (NY) chose a lesser sentence to better capture Chastain’s $50,000 income from the illicit trade in the NFTs.

At the hearing, Judge Furman stated that the law does not require fraud in securities or commodities. He refused to dismiss the charges, Fortune reports.

“Nathanial Chastain was brought to court today for breaching the trust placed in him by his employer by using OpenSea’s confidential information for his own gain. Today’s verdict should serve as a warning to other industry insiders that insider trading — in any market — will not be tolerated,” said U.S. Attorney Damian Williams in the press release.

“I am here today because two years ago I abandoned the community I served and lost sight of the person I wanted to be,” Chastain said at the hearing, as shared by Fortune. “I am sorry to have put my colleagues and friends at OpenSea through this ordeal.”

As regulators like the SEC and CFTC continue to squabble over who has authority over digital asset regulation, prosecutors are wasting no time enforcing their stance on misappropriation of confidential information and insider trading — even when it comes to NFTs and cryptocurrency. go.

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And speak to the SEC, CFTC and legislators: get to work.

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