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# Prosecutors Demand Two-Year Sentence for Hacker in SEC Bitcoin ETF Hoax Case
On May 12, Cointelegraph reported that U.S. prosecutors are seeking a two-year prison sentence for Eric Counsil Jr., who confessed to hacking the U.S. Securities and Exchange Commission's (SEC) social media account on platform X, resulting in the dissemination of false information. The hoax message falsely claimed the approval of a Bitcoin spot exchange-traded fund (ETF), leading to considerable disruptions in the cryptocurrency market.
A federal indictment presented to the U.S. District Court for the District of Columbia on May 12, 2024, urged Judge Amy Berman Jackson to sentence Counsil to a two-year prison term. Counsil faced charges for hacking the SEC’s X account in January 2024 and spreading false information about the approval of the first Bitcoin spot ETF. This fraudulent announcement caused notable market turmoil just a day before the actual ETF approval was announced.
# Detailed Fraud Allegations and Prosecutors’ Arguments
Prosecutors highlighted the necessity of a prison sentence in line with federal guidelines, due to the complexity of Counsil’s fraudulent scheme. His actions included creating forged identification documents, engaging in fraudulent activities at mobile telecommunications stores, and acquiring password reset codes for victims' online accounts. "A substantial penalty is necessary in this instance," prosecutors asserted.
The hacking incident involved a SIM-swapping attack, where Counsil and his co-conspirators obtained unauthorized access to the SEC’s X account. They then posted a fake message indicating the approval of the Bitcoin spot ETF. The SEC swiftly removed the false message and officially announced the approval of a cryptocurrency investment product the following day.
# Impact on the Crypto Market and SEC Reaction
The fraudulent message was timed during a period of intense focus on whether the SEC would approve a Bitcoin spot ETF, fueling market volatility. Following the bogus announcement, Bitcoin's value surged by over $1,000, only for the misinformation to be corrected shortly after by SEC Chairman Gary Gensler.
As of May 12, Counsil’s legal representative has not commented on the prosecutors’ sentencing recommendation. Sentencing is scheduled for May 16 before Judge Jackson.
# Broader Context in Legal Actions Regarding Digital Assets
This case is set against the broader backdrop of increased legal scrutiny of digital assets. Under the temporary leadership appointed by former President Donald Trump in crucial jurisdictions such as the Eastern and Southern Districts of New York and Washington, D.C., multiple criminal cases involving digital assets, including Counsil's, have been managed. These appointments have encountered opposition from Democrats.
The long-term effects of Trump-era appointments on digital asset-related criminal cases remain uncertain. For instance, in December 2024, Alex Mashinsky, the former CEO of Celsius, pleaded guilty in the Southern District of New York and was sentenced to 12 years in prison.
This case underscores the sensitive intersection of cybersecurity vulnerabilities and ongoing regulatory challenges within the cryptocurrency industry. It also highlights the significant market disruptions that can arise from false information, emphasizing the need for robust organizational and governmental defenses against such incidents.
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