DOJ Drops OpenSea NFT Insider Trading Case


DOJ Drops OpenSea NFT Insider Trading Case


The Justice Department will drop its case against Nathaniel Chastain, a former OpenSea manager who successfully appealed a wire fraud and money laundering conviction.

US prosecutors will not retry their insider trading case against a former manager at nonfungible token platform OpenSea after a federal appeals court overturned the convictions in July.

On Wednesday, prosecutors told a Manhattan federal court that they entered into a deferred prosecution agreement with Nathaniel Chastain and will dismiss their case after the agreement ends in a month.

In a letter, Manhattan US Attorney Jay Clayton said the decision was made based on Chastain already serving parts of his initial sentence, including three months behind bars, and that he agreed not to contest the forfeiture of 15.98 Ether (ETH) worth $47,330 that he allegedly made from insider trades.

“The interest of the United States will be best served by deferring prosecution of this matter and not retrying the case,” Clayton wrote.

An excerpt of Jay Clayton’s letter detailing the deferred prosecution agreement with Nathaniel Chastain. Source: PACER

A jury convicted Chastain of wire fraud and money laundering in 2023, with prosecutors accusing him of using his knowledge to buy NFTs that would be featured on OpenSea’s website and later selling them after their prices jumped from being featured.

Jury given flawed instructions, says appeals court

Chastain was sentenced to three months in prison and a $50,000 fine, but a federal appeals court overturned the conviction in July, ruling that the jury was improperly instructed and that NFT homepage data without commercial value isn’t property under federal wire fraud laws.