The U.S. Commodity Futures Trading Commission has announced that the U.S. District Court for the District of Massachusetts entered a consent order against Randall Crater of Heathrow, Florida.

The order requires Crater to pay over $7.6 million in restitution to defrauded victims in connection with his digital asset fraud scheme, with dollar-for-dollar credit for restitution payments to victims in satisfaction of the restitution ordered in a parallel criminal action. The order also imposes a permanent injunction against Randall Crater and bans him from trading in any CFTC-regulated markets, entering into any transactions involving commodity interests or digital asset commodities, and registering with the CFTC.

The consent order finds from at least January 2014 through January 2018, Crater, together with other defendants named in CFTC’s amended complaint, operated a digital asset scheme in which they fraudulently offered the sale of a fully functioning virtual currency, My Big Coin, a commodity in interstate commerce.

Randall Crater obtained more than $7.6 million from at least 28 customers through fraudulent solicitations, including false and misleading claims and omissions about MBC’s value, use and trade status, and that MBC was backed by gold. He spent the misappropriated money to purchase, among other things, a home, antiques, fine art, jewelry, and other luxury goods.

The consent order resolves the claims against Crater in the CFTC’s enforcement action against him and co-defendants Mark Gillespie, My Big Coin Pay, Inc., My Big Coin, Inc., John Roche, and Michael Kruger. The enforcement action remains pending against the co-defendants.

The CFTC cautions that orders requiring repayment of funds to victims may not result in the recovery of any money lost because the wrongdoers may not have sufficient funds or assets. The CFTC will continue to fight vigorously for the protection of customers and to ensure wrongdoers are held accountable.

Parallel Criminal Action

On Jan. 18, 2022, a grand jury returned an eight-count superseding indictment charging Randall Crater with wire fraud, unlawful monetary transactions, and operating an unlicensed money transmitting business based on the same conduct alleged in CFTC’s amended complaint. [United States v. Randall Crater, No. 1:19-cr-10063-DJC (D. Mass. Jan. 18, 2022)).] Crater was found guilty of those charges on July 21, 2022, and was sentenced to over eight years in prison and ordered to pay $7.6 million in restitution to defrauded customers and to forfeit $7.6 million, which represented the proceeds he received from his violations.