Katherine Cooper attorney profile image
Practice Areas
Education
  • J.D., University of Virginia School of Law, 1988
  • M.A, Philosophy, Columbia University, Graduate Schools of Arts & Sciences, 1983
  • B.A., Philosophy & Economics, Columbia College, 1981
Admissions
  • New York
  • District of Columbia
  • Virginia
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit

Katherine Cooper

kcooper@mmlawus.com
1185 Avenue of the Americas
21st Floor
New York, NY 10036
T: (212) 880-3630
F: (212) 825-9828

Publications

  • This past Thursday, October 10, 2019, at the Yahoo! Finance All Markets Summit in New York, Commodity Futures Trading Commission Chairman Heath Tarbert declared the virtual currency ether to be a “commodity.”  The thing is, it isn’t.  At least, not right now.

  • “A two-letter conjunction and a two-word phrase decide this case.  At stake are hundreds of millions of dollars.”

  • Although distributed ledger technology offers significant potential to streamline financial transactions, it does not come without potential challenges to its use to record electronic warehouse receipts – a fundamental part of the financial plumbing supporting cash commodity and commodity derivatives transactions.

  • On April 18, 2019, Eric Powers of Kern County, California, entered into a consent order with the Financial Crimes Enforcement Network for acting as an unregistered money transmitter.  FinCEN determined that Powers’ purchase and sale of Bitcoin for U.S. Dollars in over 1,700 “peer-to-peer” transactions from 2012 through 2014 made him an “exchanger” of convertible virtual currency.

  • The Bible’s Book of Genesis tells the story of how Jacob persuaded his older, first-born, brother, Esau, to exchange his first-born birthright for a bowl of stew.  Needless to say, the famished Esau made a bad deal.  Last fall, the SEC hinted that it may be on the verge of making a similar bad deal with its younger sister agency, the CFTC.  To rid Bitcoin-related securities from trading in the U.S. securities markets, the SEC has implied that it was willing to cede jurisdiction over commodity-linked exchange-traded notes to the CFTC on the basis that such instruments are “commodity swaps” rather than securities. 

  • Eric Powers of Kern County, California, entered into a consent order today, April 18, 2019, with the Financial Crimes Enforcement Network for acting as an unregistered money transmitter.  FinCEN determined that Powers’ purchase and sale of Bitcoin for U.S. Dollars in over 1,700 “peer-to-peer” transactions from 2012 through 2014 made him an “exchanger” of convertible virtual currency.