of a digital commodity exchange shall be considered a contract for the purchase or sale of a commodity for future delivery, on or subject to the rules of, a contract market or board of trade for the purposes of the definition of a commodity contract in section 761 of title 11, United States Code. (C) Exchanges A digital commodity exchange shall be considered a futures commission merchant for purposes of section 761 of title 11, United States Code. (D) Assets removed from segregation Assets removed from segregation due to a customer election under paragraph (5) shall not be considered customer property for purposes of section 761 of title 11, United States Code. (4) Misuse of customer property (A) In general It shall be unlawful— (i) for any digital commodity exchange that has received any customer money, assets, or property for custody to dispose of, or use any such money, assets, or property as belonging to the digital commodity exchange or any person other than a customer of the digital commodity exchange