The CFTC has asserted that Bitcoin is, and other virtual currencies may be, commodities under the Commodity Exchange Act.   As such, pursuant to Section 2(c)(2)(D) of such Act, “off exchange” financed retail transactions in virtual currency are prohibited unless an exception applies.   One exception found in Section 2(c)(2)(D)(ii)(III)(aa) provides, in relevant part, that such a … Continue Reading