“In the ordinary course of business” is doing a lot of work in Levine’s account. The allow_negative flag sure doesn’t sound ordinary to me.
I also think some of the wording focuses more than I would on affirmative lies. I don’t think Levine is wrong in his wording, but I’ve seen a few people get the impression that SBF could do anything with the money as long as the TOS didn’t explicitly forbid it.
That’s kind of like saying a mechanic doesn’t convert his repair clients’ cars when he secretly rents them out to teenagers for joyrides after repairing them. The repair contract didn’t explicitly say he couldn’t...
“[T]he words ‘to defraud’ in the mail fraud statute [which is interpreted analogously] have the ‘common understanding’ of ‘”wrongdoing one in his property rights by dishonest methods or schemes,” and “usually signify the deprivation of something of value by trick, chicane, or overreaching.”‘” “The concept of ‘fraud’ includes the act of embezzlement, which is ‘”the fraudulent appropriation to one’s own use of the money or goods entrusted to one’s own care by another.”’”
“In the ordinary course of business” is doing a lot of work in Levine’s account. The allow_negative flag sure doesn’t sound ordinary to me.
I also think some of the wording focuses more than I would on affirmative lies. I don’t think Levine is wrong in his wording, but I’ve seen a few people get the impression that SBF could do anything with the money as long as the TOS didn’t explicitly forbid it.
That’s kind of like saying a mechanic doesn’t convert his repair clients’ cars when he secretly rents them out to teenagers for joyrides after repairing them. The repair contract didn’t explicitly say he couldn’t...
“[T]he words ‘to defraud’ in the mail fraud statute [which is interpreted analogously] have the ‘common understanding’ of ‘”wrongdoing one in his property rights by dishonest methods or schemes,” and “usually signify the deprivation of something of value by trick, chicane, or overreaching.”‘” “The concept of ‘fraud’ includes the act of embezzlement, which is ‘”the fraudulent appropriation to one’s own use of the money or goods entrusted to one’s own care by another.”’”
https://www.justice.gov/archives/jm/criminal-resource-manual-942-scheme-and-artifice-defraud (citations omitted, cleaned up, brackets added) (citing appellate decisions).