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US prosecutors have formally dropped their case against former OpenSea manager Nathaniel Chastain following an appeals court reversal that dismantled what was once positioned as the first NFT insider trading prosecution in American history.
According to sources, the Justice Department announced Wednesday it would enter a one-month deferred prosecution agreement before dismissing the indictment with prejudice.
The decision closes a chapter thatbegan in June 2022when Chastain was arrested and charged with wire fraud and money laundering for using confidential information to purchase NFTs before they were featured on OpenSea’s homepage.
The case attracted widespread attention as prosecutors attempted to apply traditional financial crime statutes to emerging digital asset markets.
Manhattan US Attorney Jay Clayton, a former SEC chair, told the federal court that prosecutors would not retry the case given Chastain had already served three months in prison and agreed not to contest forfeiture of 15.98 ETH worth $47,330.
“The interest of the United States will be best served by deferring prosecution of this matter and not retrying the case,” Clayton wrote in the court filing.
Jay Clayton’s letter. | Source: Cointelegraph The collapse stems from a July 2024 appeals court decision that found the trial jury received flawed instructions.
The 2nd US Circuit Court of Appeals ruled 2-1 that jurors were improperly told they could convict Chastain based solely on unethical behavior rather than actual theft of property with commercial value.
Judge Steven Menashiwrotelast year August that the lower court erred by allowing conviction even if the information Chastain used lacked tangible value to OpenSea.
The appeals panel sharply criticized jury instructions that permitted conviction based on violations of “broad notions of honesty and fair play,” warning such standards could criminalize nearly any deceptive act.
The court found the featured NFT data was not monetized by OpenSea and was not treated internally as a valuable asset, making it too “ethereal” to qualify as property under federal wire fraud statutes.
Chastain was convicted in May 2023 after prosecutors accused him of exploiting his role to buy dozens of NFTs shortly before they appeared on OpenSea’s homepage between June and September 2021.
After tokens were featured and prices increased, he sold them at two- to five-times profit using anonymous wallets. The government alleged he made over $57,000 through the scheme.
US Attorney Damian Williams haddescribedthe case as a warning to digital asset markets when announcing charges. “NFTs might be new, but this type of criminal scheme is not,” Williams said.
“As alleged, Nathaniel Chastain betrayed OpenSea by using its confidential business information to make money for himself.“
The conviction came after a week-long trial, with prosecutors charging wire fraud rather than securities fraud since NFTs have not been legally classified as securities.
More than 300 defense attorneys had filed letters supporting dismissal, arguing that treating confidential business information as property would “criminalize a broad swath of conduct.“
The dropped prosecution aligns with a broader shift in federal crypto enforcement under the Trump administration.
Asreported by Cryptonewsearlier today, a Cornerstone Research report found the SEC initiated just 13 crypto-related actions in 2025, down 60% from 33 in 2024 and the lowest level since 2017.
The agency has dismissed multiple high-profile cases including those against Coinbase, Kraken, Consensys, and Cumberland DRW.
TheSEC also closed its investigation into OpenSeain February 2025 after issuing aWells notice in August 2024that alleged the platform functioned as an unregistered securities marketplace.
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