P(scam/medical)=0.3%
He really didn't cash out anything that was legal tender --- what he cashed out was a bunch of play money. Technically, this isn't a crime because it wasn't "real" money.
These people will be charged with a crime, and the government is going to find something that sticks. Securities fraud, wire fraud, whatever fits.
https://www.justice.gov/usao-sdny/pr/three-charged-first-eve...
https://www.justice.gov/usao-sdny/press-release/file/1521186...
So, instead I buy something fungible-ish that isn't on anybodys immediate radar as a 'security', say, some Black Lotus cards from Magic the Gathering, and I then give those to myself.
HA! I dodged it all!
.... no. The spirit of the law is that this is a financial transaction just the same.
BitCoin and all the other crypto currencies are no different. It's all play money.
A story as old as time. For example, in the past (and even today), you can buy pricey paintings. Still fraud if you use that to dodge taxes. Still fraud if you steal a painting, and not because it's a physical object. It's something that is considered to have value, based on the notion that it is not hard to sell.
Celsius didn't steal anything.
Web3. Ask me a hard one next time.
Less-flippantly: Probably fraud, regardless of how many disclaimers your website has in 4pt font.
Mainly because your argument is wrong all the way around.
Celsius never accepted any "real money" from anyone. Any "fake money" they allegedly "stole" came from their own account, not those of their customers.
You can argue (perhaps correctly) that they shouldn't have traded their real money for funny money, but it's ultimately no different from any other financial instrument.