Chandler won’t be keeping his bitcoin, reconsideration denied
Scott Chandler has no choice but to turn over his bitcoin, following denial of a Motion for Reconsideration.
Chandler had filed the motion in response to an injunction ordering him to surrender held bitcoin to the FTC.
In his motion, Chandler argued new evidence showing some of his bitcoin was obtained through “legitimate cryptocurrency trading” warranted reconsideration.
In an October 23rd order, the court disagreed and found
the issues raised by Chandler within the Motions were already raised in Chandler’s Objections and considered by the Court.
Chandler therefore fails to present any new evidence worthy of the Court’s reconsideration.
Fed up with Chandler’s stalling, the FTC also filed a show cause for contempt hearing motion on October 6th.
The regulator alleged that by not handing over his bitcoin, Chandler was in violation of the preliminary injunction previously granted against him.
By order issued on October 23rd, the FTC’s show cause motion has been referred to a Magistrate Judge for a report and recommendation.
As I understand it the denial of Chandler’s reconsideration motion will mean he has no choice but to hand over his bitcoin, or risk potentially heavy contempt penalties.
No ruling yet on the stipulated order regarding Thomas Dluca’s deleted emails. Stay tuned…
Update 31st October 2018 – The stipulated order regarding Thomas Dluca’s emails was accepted by the court on October 29th.
Chandler’s additional motion for a stay on his handing over bitcoin was denied the same day.
Separately on On October 24th, the FTC withdrew its Motion for Order to Show Cause against Louis Gatto.
Like Chandler, Gatto initially refused to comply with the granted injunction.
I don’t see any other reason than cooperation for withdrawal of the FTC’s motion, so we can safely assume Gatto has now identified held assets to the FTC as required.