Quote from: kevinlarr on April 10, 2015, 04:31:12 PM

For example, I noticed that one of the localbitcoins vendors in my area has some "legal disclaimer" text at the bottom of his listing, outlining such things as like "buyer acknowledges and agrees that by replying to this ad that any bitcoin or portion thereof shall not be used for any illegal purposes" and

I am not a lawyer, but I don't think that such a disclaimer dispenses the seller from KYC/AML requirements, or protects him fully in case the buyer uses the bitcoins for illegal purposes. The seller may have to convince the jury that he did not know and had no reasonable way of knowing.

Quote

even things like "buyer acknowledges and agrees that this transaction represents only a person to person, constitutionally protected TRADE transaction and not anything related to COMMERCE, interstate or international etc inclusive" and "does not represent professional business or corporate activity but only private party, personal use, hobbyist exchange" etc etc etc.

I bet that such disclaimer is worth less than nothing, if law enforcement decides, based on the amount and number of transactinos, that the seller is in fact doing "commerce" or " professional business or corporate activity", rather than just "private party, personal use, hobbyist exchange". The buyer is not able or entitled to vouch for that. Such disclaimer would only show that the seller was aware of the need of registration in order to engage in commercial activity, and of the special needs for interstate and international commerce.

Quote

IF in fact Burt HAD this FinCEN license, would that have BEEN ENOUGH FOR [law enforcement] TO LEAVE HIM ALONE???

He would also have to comply with whatever KYC/AML requirements come with that license.

Although his charges mention oly 1 count of unlicensed MTB, that count incldues three items, the third one being transmitting money that was "dirty" and destined for illegal uses. depending on what that means, simply being licensed may not have been enough.