3 ms·

That's a different crime, so your reasoning does not apply. It my understanding (I could be wrong) that on financial crimes it does make a difference if you ma

That's a different crime, so your reasoning does not apply. It my understanding (I could be wrong) that on financial crimes it does make a difference if you make the victims whole or not. No idea if it also applies somehow after the ruling, hence why I asked on this forum for intelligent discourse. Sorry if that bothers you, though.

jamil7 3y ago
I think the original poster was aware that it’s a different crime and was attempting to simplify the concept so you were able to grasp it a little easier.
- moralestapia 3y ago
  I appreciate the generosity, but I feel it needs to be simplified even more so you and GP are able to grasp it as well. Breaking and entering is a crime on its own, while most financial crimes are non-violent by nature; a whole different set of rules apply. Burglary is also different from fraud. Read about it, I can recommend a dictionary.
  - phone8675309 3y ago
    That's why B&E is charged differently depending on if there were occupants in the house or not. If not, the person doing the B&E gets a lighter sentence, but they still get punished.
lesuorac 3y ago
They're not really being made whole. > Depending on the type of claim they hold in the case, some creditors could recover as much as 142% of what they are owed. The vast majority of customers, however, will likely get 118% of what they had on the FTX platform the day the company entered Chapter 11 bankruptcy. If you had 2 bitcoins worth say 16k each in FTX; FTX is able to give you back 32k which is the value of your bitcoin at the time. (~Nov '22). But it's not giving you back 2 bitcoins (120k; presently). Same with if you had Solana which was $13 (~Nov '22) but is now $148.
- s1artibartfast 3y ago
  Sure, I agree they are not made whole, but magnitude of financial damage is absolutely a factor in sentencing.
Marsymars 3y ago
What's the difference between stealing $100 in cash versus stealing $100 from someone's digital account?
throw_fincrim 3y ago
Using a throwaway for obvious reasons... As someone who has been convicted of a financial crime (theft of funds from an association account due in part to a gambling addiction). The key word in your statement is "YOU". My sentence/deal involved restitution from my own funds. If I'd taken some of the money I took and put it into crypto, that would be -used- to make my victims whole, but it wouldn't be considered me making recompense, because the money I put into crypto would have been ill-gotten, and as such any gains were not mine to give. That very much made a difference to the discussions between my attorney and the prosecutor.
- moralestapia 3y ago
  Whoa, thanks a lot for coming here, I do appreciate your input on this.

jamil7 3y ago

I think the original poster was aware that it’s a different crime and was attempting to simplify the concept so you were able to grasp it a little easier.

moralestapia 3y ago
I appreciate the generosity, but I feel it needs to be simplified even more so you and GP are able to grasp it as well. Breaking and entering is a crime on its own, while most financial crimes are non-violent by nature; a whole different set of rules apply. Burglary is also different from fraud. Read about it, I can recommend a dictionary.
- phone8675309 3y ago
  That's why B&E is charged differently depending on if there were occupants in the house or not. If not, the person doing the B&E gets a lighter sentence, but they still get punished.

lesuorac 3y ago

They're not really being made whole. > Depending on the type of claim they hold in the case, some creditors could recover as much as 142% of what they are owed. The vast majority of customers, however, will likely get 118% of what they had on the FTX platform the day the company entered Chapter 11 bankruptcy. If you had 2 bitcoins worth say 16k each in FTX; FTX is able to give you back 32k which is the value of your bitcoin at the time. (~Nov '22). But it's not giving you back 2 bitcoins (120k; presently). Same with if you had Solana which was $13 (~Nov '22) but is now $148.

s1artibartfast 3y ago
Sure, I agree they are not made whole, but magnitude of financial damage is absolutely a factor in sentencing.

Marsymars 3y ago

What's the difference between stealing $100 in cash versus stealing $100 from someone's digital account?

throw_fincrim 3y ago

Using a throwaway for obvious reasons... As someone who has been convicted of a financial crime (theft of funds from an association account due in part to a gambling addiction). The key word in your statement is "YOU". My sentence/deal involved restitution from my own funds. If I'd taken some of the money I took and put it into crypto, that would be -used- to make my victims whole, but it wouldn't be considered me making recompense, because the money I put into crypto would have been ill-gotten, and as such any gains were not mine to give. That very much made a difference to the discussions between my attorney and the prosecutor.

moralestapia 3y ago
Whoa, thanks a lot for coming here, I do appreciate your input on this.