In a surprising development, Nathaniel Chastain, a former product manager at leading nonfungible token (NFT) exchange OpenSea, has decided to serve his three-month prison term for insider trading while his appeal is pending. His attorneys notified a New York District Court on September 6 that Chastain had opted to forgo bail during the appeal process. Consequently, according to the court’s previous order, Chastain is set to self-surrender by November 2.

Found guilty on May 3 of wire fraud and money laundering charges, Chastain was sentenced on August 22 to three months in prison for his crimes related to insider trading on OpenSea’s NFT platform. Additionally, he was mandated to forfeit all cryptocurrencies gained illegally through his activities on OpenSea and pay a fine of $50,000.

However, what sets Chastain’s case apart is the mechanism he used for his insider trading. He could effectively influence their visibility and market prices by selecting which NFTs and collections would be featured on OpenSea’s homepage. According to reports, Chastain is said to have bought 45 NFTs, prominently displayed them on OpenSea’s homepage, and then sold them at a profit once their prices increased.

Moreover, the prosecuting attorney, Allison Nichols, emphasized that Chastain knew he was breaking the law. She argued that his use of anonymous accounts on OpenSea to carry out these trades made it evident that he knew his actions were illegal.

This case marks one of the first instances of insider trading in the burgeoning NFT market, which has yet to see comprehensive regulatory oversight. The repercussions will likely extend beyond Chastain and could instigate tighter regulations in the largely unpoliced NFT space.

Significantly, Chastain’s decision to serve his sentence amid his appeal could signal his preparedness to face the consequences and influence how the court views his case during the appeal. Regardless, his case serves as a cautionary tale for other players in the NFT space, spotlighting the necessity for ethical conduct and the likelihood of legal repercussions for illicit activities.