The Charlie Shrem Files, Part 3

The Bitcoin company BitInstant is now facing a class-action lawsuit, as well as federal felony charges against their CEO Charlie Shrem. Included below is a BitInstant presentation describing the company’s business operations as of 2012. Of particular interest is this quote:

“BitInstant is not a money transmitter and does not interact directly with regulated financial institutions, instead using intermediary bodies to process fund transfers and acts as a third party to accelerate transactions. All of BitInstant’s transactions are Closed Loop, meaning all monies cannot be withdrawn without proper AML and KYC measures being taken as outlined in our ALM compliance policy. Customers cannot simply cash out of Bitcoins as all of the exchanges with which BitInstant works have strict limits and AML procedures. Additionally, BitInstant does not store any customer funds and does not engage in currency exchange.”

Compare to BitInstant’s FinCEN registration data below, which was supplied to FinCEN by BitInstant, and clearly lists it as a “money transmitter”. The Brooklyn registration address is listed under Charlie’s father Alan Shrem; according to Reuters, he will be confined there under house arrest until his trial.

The Charlie Shrem Files, Part 2

More recent documents from the class action lawsuit against BitInstant show concerning things about the company. In particular, from the plaintiff’s attorneys:

“We represent Plaintiffs in the above referenced action. We write to request a status conference because this case has come to a halt; Defendant BitInstant is not engaging in discovery.

Plaintiffs filed their complaint on July 8, 2013. On September 9, 2013, Your Honor entered a case management plan, which required the Parties to exchange Fed. R. Civ. P. 26(a) discovery by November 4, 2013. To date, Defendant has not made its initial disclosures. Plaintiffs served document requests on November 14, 2013. To date, Defendant [BitInstant] has not responded. The Parties also have yet to discuss electronic discovery protocols. Defendant’s counsel has represented that she intends to file a motion to be relieved as counsel. However, that intention does not discharge Defendant of the responsibility to engage in this litigation. As such, Plaintiffs respectfully request a conference with the Court.”

Response from BitInstant’s counsel:

“On December 20, 2013, after Plaintiffs’ counsel filed his letter via ECF, we had another telephonic meet and confer to discuss the possibility of settlement given our client’s [BitInstant's] financial condition. At that time, we confirmed that an insurance policy does not exist and that for several reasons, we intend to seek to withdraw as counsel in this litigation. However, in a final attempt to resolve this dispute in the interest of all parties, we agreed to assist in another settlement offer before seeking to withdraw as counsel. On December 30, 2013, we received that settlement offer from Plaintiffs’ counsel and conveyed it to our client [BitInstant]. We have informed our client [BitInstant] of the urgency of settlement in light of the discovery deadlines in this case, and we have advised our client that we intend to file a motion to withdraw.”

Letter to Judge McMahon

Withdrawal of Counsel

The Charlie Shrem Files, Part 1

This morning, Charlie Shrem, CEO of BitInstant, was arrested on money laundering charges. As someone who knew Charlie and who used to run a Bitcoin company, I am interested in the case, and will over the coming days post a number of documents related to BitInstant and the Bitcoin business.

First up: the class action lawsuit filed against BitInstant by angry customers in July of 2013. By their own admission, BitInstant received 17,300 customer complaints in their last month of operation, with many saying they never received the Bitcoins they paid for. Below are copies of the original complaint, BitInstant’s motion for dismissal, and the plaintiffs’ response.

Packing For Perth

In 1953, South Africans went to the polls. The South African government was run by the pro-apartheid National Party, but they were opposed by the more liberal United Party. A majority of white voters disliked the apartheid system, especially wealthy businessmen, and the United Party spent four times as much on campaigning as the National Party.

When the votes were counted, the results were clear: 54% of voters chose the United Party, rejecting apartheid policies. Yet, thanks to gerrymandering and other tricks, the National Party won 60% of the seats. In 1958, the National Party increased their majority despite still losing the popular vote.

Even though it had ‘fair’ elections, with a constitution very similar to Canada’s, the South African government was effectively a dictatorship. It rigged the rules of the game so no one else could win. Faced with an unchangeable government that supported terrible policies, wealthier South Africans did what they could: leave. The best and the brightest, the people who had made South Africa into the richest nation on the continent, started ‘packing for Perth’. Elon Musk – now worth about $7 billion, then just an ambitious teenager – was among them.

There are two options ahead for the US government. Behind door #1, politicians who support unpopular policies get voted out in primaries. (Third parties are not viable in the US due to Duverger’s Law.) If this happens, the government will – slowly and fitfully – move toward the popular position on a host of issues. Politicians, for all their faults, do care about getting re-elected.

Behind door #2, the Democrats and Republicans find a way to block candidates from primaries if they challenge the status quo. This is what John Boehner is currently trying to do with the Tea Party. (I don’t support Tea Party policies, but any kind of reform requires some way for a serious constituency to challenge party leadership, and I support having the latter generally.) If that happens, official US government policies will move farther and farther away from what voters want as culture and demographics change.

In addition, US policies will become ever less effective, as trends continue their progressions and conditions on the ground evolve. When current politicians were elected, in the 1970s, it was viable for the government to not know much about computers. Now, with Obamacare failing due to technical mishaps, it isn’t. It was viable for every student to attend college. Now, with exponentially rising tuition, it isn’t. It was viable for government employees to have defined-benefit pensions. Now, with Detroit bankrupt and all fifty states rewriting their retirement plans, it isn’t.

When that happens, if it happens, Americans will in their turn start ‘packing for Perth’. First in line will be those who can move most easily – the young, the rootless, the skilled but unemployed, the future Elon Musk (South Africa), Sergey Brin (Russia), Vinod Khosla (India), all those who in past decades moved to the US. When voting at the ballot box doesn’t count,  when even voting in the primary doesn’t count, voting with your feet still does.

How Y Combinator Did

“I’m not ready to predict our success rate will stay as high as 50%. That first batch could have been an anomaly. But we should be able to do better than the oft-quoted (and probably made up) standard figure of 10%. I’d feel safe aiming at 25%.” – Paul Graham, March 2007

Seven years later, how have Y Combinator companies done?

YCList names 92 YC companies in the three years between winter 2006 and summer 2008. We can divide them into five categories:

Successful: The company has a large and growing userbase, big revenues, late-stage VC rounds, or other clear evidence of winning.

Product acquisition: The company was bought, and the acquirer keeps selling the product.

Stagnant: The website is still up, but there’s no evidence the company is profitable or has lots of users.

HR acquisition: The company was bought, but the product was shut down shortly afterwards.

Dead: The website is down; the service is no longer available.

Looking at the numbers, we find:

Successful: 12 (13%)

Product acquisition: 6 (6%)

Stagnant: 13 (14%)

HR acquisition: 14 (15%)

Dead: 47 (51%)

This gives us a success rate of about 20%. One notes that the outcome of Paul Graham’s original company Viaweb – a product acquisition – is actually by far the least likely scenario.

Google Can Stop The NSA

Step 1: Get a list of NSA employees, including contractors like Booz Allen. This information isn’t classified, and should be easy for anyone with Google-scale resources.

Step 2: Pick out people in mission-critical roles, like sysadmins, programmers, cybersecurity, etc. Also pick anyone very capable or high-ranking.

Step 3: Look up their addresses online.

Step 4: Mail them all job offers. No interviews, no brain teasers, just a ready-to-sign employment contract.

Step 5: When they join, have them secure Google’s systems against NSA (and other) attacks. After all, they’re the experts.

Step 6: Sit back. Watch the fireworks.

This is completely legal, and the NSA can’t really do much about it.

Spy on Google? They already do that.

Hire new people? Few good programmers will take the NSA’s starting salary of $42,000.

More contractors? Snowden illustrated the problems with this. In fact, the NSA will have to greatly tighten security clearance requirements.

Get more money? Google already spends more every quarter than the NSA’s entire annual budget. Today’s Congress isn’t going to pass big new appropriations bills.

How Long Until Pregnancy?

Time until one expected pregnancy for some birth control methods. Rates are for typical use.

Unprotected: 7 months
Spermicide: 3 years
Withdrawal: 5 years
Diaphragm and spermicide: 6 years
Condom: 6 years
Calendar method: 8 years
NuvaRing: 11 years
Contraceptive patch: 12 years
Birth control pill: 12 years
Depo injection: 32 years
Copper IUD: 125 years
Tube tying: 200 years
Progestogen IUD: 500 years
Combined injection: 500 years
Vasectomy: 650 years
Implant: 2,000 years


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