A recent decision from Judge Andrew S. Hanen of the Southern District of Texas found that a pump and dump scheme could not be prosecuted as wire fraud.
I’m trying to wrap my head around it and struggling. It seems to find that the government could not prosecute a pump and dump scheme because the defendants only wanted to make money and did not want to deprive any specific people of money or property. The mere fact that the pump and dump scheme occurred through a market and not in direct personal transactions seems to have driven the decision.
Bloomberg’s Matt Levine has covered it. It also made CNN.
Notably, the indictment even includes statements that the Defendants said things like “we’re robbing … idiots of their money.”