Post
Topic
Board Legal
Re: Is it illegal for me to sell my Bitcoins?
by
BurtW
on 02/11/2015, 18:07:03 UTC
I heard that some people have been arrested and charged with "transmitting money without a license" for selling Bitcoins.

Does this mean it is illegal for me to sell my Bitcoins?

I was arrested for selling my Bitcoins using localbitcoins.com

I paid all of my capital gains taxes on all of my trading - that was not the issue.  The legal issue boiled down to one question:  was I operating a business or not.  They claimed it was a business, I claimed it was not.  After being forced to "donate" about $40,000 in cash and $40,000 in Bitcoin to their Federal Asset Forfeiture slush fund we agreed to disagree and they dropped the charges.  Defending me against the federal felony charge [Operating a business without a license, up to five years in prison and a $250,000 fine] did end up costing us almost $300,000 of our retirement funds, our daughter's college fund, our savings, and the equity in our house.

You can read all about it here:

http://www.jmwagner.com/
http://www.burtw.com/

However, if you sell your Bitcoins though an exchange you will not run into this specific issue since there is really no way they can call it a business, go after you, and then grab all the assets they can get their money grubbing hands on.