US
v. Costanzo, No. 18-10291 (4-17-20)(Hawkins w/Owens
& Bennett). Note: This is an Az FPD
case. The 9th affirms convictions in a bitcoin money laundering case. The
defendant was convicted of using bitcoin to supposedly launder funds from a
criminal enterprise. The appeal raised whether there was interstate commerce.
The 9th held there was: the internet is an instrumentality that affects
interstate commerce. There was also a website (hosted abroad) and…a digital
wallet. Alas, in the light most
favorable to the government, there was sufficient evidence.
Other issues were decided in a memorandum.
This was a hard fought trial by AFPD Maria Weidner and
a clever appeal by AFPD Dan Kaplan, both of the AZ FPD. Although the defendant lost, he at least got
to watch oral argument: he had already been released.
The decision is here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/04/17/18-10291.pdf
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