Re: FinCEN

Here's an interesting question: A miner set up a VPS in another country and mines with a pool here, the pool sends all of the bitcoins to a wallet located on the VPS in another country; then the miner exchanges those mined units on an exchange located outside of the country. Since the bitcoins were never located in a state that licenses "money transmitters", would this be possible and not violate the guidance?

On that fact pattern, nobody is actually located in the US or doing business with US citizens? I don't believe US regulators would have any jurisdiction over the miner.

If the miner is a US citizen residing in the US, then it's a closer call.

Using the same scenario: What if the miner was a US Citizen and the mining rig was located in the US, but just like in the scenario, the pool sent the bitcoins rewarded to the VPS that was located outside of the country and those mined units were exchanged on a foreign exchange?

Generally speaking if it involves a US entity then our over reaching federal govt is going to claim jurisdiction. Take online poker as an example. US players, playing on foreign servers run by foreign companies and with banks in foreign countries. The Justice department seized the servers, bank accounts, and filed charges against the foreign companies.