Source

Bitcoin (BTC-USD), as well as the blockchain enterprise sector in general, has become increasingly correlated with stocks in recent months. Due to the upcoming election, the lack of progress on the fiscal stimulus front, uncertainty about the state of the economy going forward, the likelihood of an increase in volatility, as well as other factors, things could get messy in the blockchain enterprise segment in the weeks ahead.

Bitcoin: 1-Hour Chart

Source: Binance.com

We see that BTC is forming what appears to be another head and shoulders pattern, similar to the prior ones in the chart above. Furthermore, Bitcoin got rejected at the critical $11,800 resistance level recently and broke through support at $11,500. More recently BTC has been testing the $11,250 area of support and is dangerously close to breaking below this crucial level. If $11,250 gets penetrated, Bitcoin could melt down further below $11,000 and possibly retest $10,500, as well as $10,000 support levels next.

Source

Despite the possibility for short-term downside, we remain quite bullish on BTC and the overall digital asset segment long term. As the above chart illustrates, BTC moves in waves, and the top of each wave is substantially higher than the previous top.

I see no reason for this trend to end, and the next major top will likely be substantially higher than the previous one around $20,000. In fact, I believe the next major top could be around $75,000, but it will likely take some time (1-3 years) to get there.

Since the mid-March bottom, Bitcoin has roughly tripled, while the S&P 500/SPX (SP500) has appreciated by about 58%. Despite the clear outperformance, we see that Bitcoin has been moving largely in tandem with the stock market. This was also apparent during the February/March meltdown as stocks and Bitcoin essentially meted down simultaneously.

So, here we are now. The presidential election is approaching, certain economic indicators as well as some key company earnings are coming in worse than expected, fiscal stimulus seems to be off the table until after the election, volatility appears to be picking up, and Bitcoin coupled with stocks could experience another notable leg lower.

Despite the apparent correlation with stocks, we remain very bullish on Bitcoin and select blockchain enterprises in the intermediate and long term. One reason for this is because Bitcoin and systemically important digital assets are likely to play an increasingly important role in the future economy, as some offer valuable services and others serve as digital currencies/payment systems.

Furthermore, Bitcoin and other key "coins" are essentially inflation proof, as there is only a certain amount that can ever exist in circulation (Bitcoin 21 million). A stark difference to the dollar and fiat currencies in general that are being debased on a perpetual basis and can be printed endlessly if so desired by central banks.

Bitcoin is the gold standard of the digital asset market, and it serves as a payment system as well as a unique store of value mechanism.

Transactional Coins

Litecoin (LTC-USD): If Bitcoin is akin to digital gold, then Litecoin is somewhat akin to digital silver. It may not be the store of value that Bitcoin is in the digital world, but it is a far more efficient transactional vehicle.

Bitcoin Cash (BCH-USD): Bitcoin Cash is another transactional coin, much like Litecoin that can handle scale, speed, and cost far more efficiently than Bitcoin.

Zcash (ZEC-USD): Zcash is another top and very promising transactional coin, but is more encrypted, thus making transactions more difficult to track.

Dash (DASH-USD): Another top transactional coin, similar to Zcash.

Monero (XMR-USD): This is the only top transactional coin that I am aware of that is essentially untraceable.

Please understand me correctly. I am not talking about nefarious transactions, money laundering, etc. here. I am simply pointing out that there are coins that can be used with a certain degree of anonymity, and in my view, there is nothing wrong with that. The government does not need to know when, where, and how I spend my own hard-earned money. This is my personal libertarian viewpoint, and everyone is welcome to their own.

Functional Blockchain Enterprises

Not all digital assets/blockchain enterprises are created equal. In fact, the ones that I am discussing are all different and have their own unique role to play in the future economy. Transactional coins are designed to work as currencies/payment systems, while functional coins are designed to perform a particular function/offer a service.

For instance: Ripple (XRP-USD) enables banks to perform interbank and other transactions far more efficiently and less costly than traditional methods.

Ethereum (ETH-USD) handles smart contracts and various applications.

Cosmos (ATOM-USD) specializes in connecting blockchains together.

Other functional coins we see substantial potential going forward include: Tron (TRX-USD), Tezos (XTZ-USD), Swipe (SXP-USD), EOS (EOS-USD), Cardano (ADA-USD), and several others.

How to get exposure without going through crypto exchanges

I understand that not everyone is comfortable with cryptocurrency exchanges, blockchain wallets, etc. Unfortunately, the market is rather thin on alternative options (although Bitcoin futures are available).

This Is Where the Grayscale Trust Comes In

For now, market participants can get exposure to several "coins" through the Grayscale Trust.

So what does the Grayscale Trust offer?

Well, market participants can get exposure to Bitcoin through Grayscale's OTC (GBTC) trading vehicle. Likewise Grayscale offers similar trading instruments for Ethereum (OTCQX:ETHE), Bitcoin Cash (OTCQX:BCHG), Ethereum Classic (OTCQX:ETCG), Litecoin (OTCPK:LTCN), and a diversified large cap-fund (OTCQX:GDLC). Other crypto trading instruments appear to be on their way as well from Grayscale.

Volatility in stocks appears to reflect poorly on Bitcoin and the digital asset market in general. As there is likely to be more volatility ahead in stocks as well as other key markets, Bitcoin/blockchain enterprises could decline in the short term. Nevertheless, intermediate and long term, we remain extremely bullish on this segment and see a lot of upside potential ahead in the next 1-5 years and beyond.

However, in this uncertain environment, our portfolio's 25% allocation in Bitcoin and other digital assets feels a bit heavy. Therefore, we began locking in profits in some blockchain enterprises after the $11,500 level was unable to hold up. Intuition tells me that $11,250 may fail in upcoming sessions as well, and a mini meltdown to around $10,500-$10,000 is plausible. Therefore, we are reducing our digital asset holdings to raise our cash position, but we will reenter the market once volatility calms down after the election and we have a clearer view on where markets are headed next.

Want the whole picture? If you would like full articles that include technical analysis, trade triggers, portfolio strategies, options insight, and much more, consider joining Albright Investment Group!

Disclosure: I am/we are long ASSETS MENTIONED. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.

Additional disclosure: This article expresses solely my opinions, is produced for informational purposes only and is not a recommendation to buy or sell any securities. Please always conduct your own research before making any investment decisions.

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Bitcoin: Another Mini-Meltdown Appears Likely - Seeking Alpha

Are you investing in cryptocurrency? Its a decentralized form of digital money that has made quite a few people rich overnight. Thats also why its a perfect cover for cybercrime and online scams.

Fraud involving cryptocurrency is incredibly common. In fact, cryptocurrency scams were the reason that some of the most famous Twitter accounts in the world got hijacked. Tap or click here to see one of the biggest and strangest hacks in history.

And with cybercrime at an all-time high, crypto scams are also on the rise. Thats why the FBI is issuing an urgent warning to Americans about threats posed by crypto scammers during the COVID-19 pandemic. If you want to avoid getting fleeced, heres what you need to watch out for.

The FBI has issued a warning bulletin about several common cryptocurrency scams that have emerged during the COVID-19 pandemic. At a time when many people are already struggling financially, these scams have the potential to wreak havoc on unsuspecting bank accounts.

Based on the FBIs findings, there are four main types of crypto scams circulating. Heres how they work, and what you can expect to see and hear when you encounter the cybercriminals behind them:

Learn the tech tips and tricks only the pros know.

Blackmail scams: If youve ever received a sextortion email, you already know what this is like. Scammers are emailing victims with threats about access to personal information or dirty secrets. In exchange for keeping these secrets under wraps, the scammers demand a Bitcoin ransom. Some scammers even go as far as threatening you and your family with COVID-19 itself.

Tap or click here for an in-depth look at this crazy scam.

Work from home scams: Scammers will pose as employers looking to hire workers for financial activities. What theyre really doing, however, is using your bank account as a mule for stolen money. The scammer will ask you to accept a donation of funds as part of your job, and if you do, youre now a de facto accomplice in their crime.

Tap or click here to see how these work from home scams can land you in jail.

Fake COVID-19 treatment scams: Scammers are attracting online shoppers with enticing offers of products and equipment they claim can cure or prevent COVID-19. But theres a catch: You have to pay in cryptocurrency. If you make the payment, the products never arrive and your money is good as gone.

Tap or click here to see how to spot websites selling fake COVID-19 treatments.

Investment scams: Scammers are pitching fraudulent investments in unknown kinds of cryptocurrencies to trick victims into sending them money. Cryptocurrencies rise and fall in popularity, and jumping on to a new brand of crypto can potentially net you a good chunk of change if youre lucky. But the new crypto they promise is fake, and the scammers run off with your money.

There are plenty of real websites, investments and charities that do use cryptocurrency. But if any of them follow the formats mentioned above or pressure you into using crypto over regular money, consider it a major red flag.

The FBI suggests following these tips below to keep yourself safe from fraud:

If you get a threatening or suspicious email discussing cryptocurrency, delete it immediately. Do the same thing with suspicious text messages, and avoid picking up the phone for calls you dont recognize. Phone scams are another huge threat targeting Americans during the COVID-19 pandemic.Tap or click to see why its happening.

If youd like to report a suspected cryptocurrency crime, or if youve been victimized by fraud, the FBIs Criminal Investigative Division has an entire team dedicated to cryptocurrency money laundering and frauds. Contact your local FBI field officeor visit the FBIs Internet Crime Complaint Center atic3.gov.

X

Learn the tech tips and tricks only the pros know.

Scammers may switch up their tactics every so often, but theyre only effective if theyre able to trick you. If you ignore and report them, they wont be a problem at all.

Originally posted here:
4 dangerous cryptocurrency scams the FBI wants you to watch out for - Komando

TipRanks

Theres so much going on in the markets, that its hard to know where to start and what to look for. On the red side of the ledger, its clear that the headwinds are gathering. House Democrats are still rejecting the $1.8 trillion coronavirus aid and stimulus package put forth by the White House, saying that President Trumps proposal does not go far enough. The House Dems are pushing their own $2.2 trillion stimulus. At the same time, both Eli Lilly and Johnson & Johnson have paused their coronavirus vaccine programs, after the latter company reported an adverse event in early trials. This has more than just investors worried, as most hopes for a return to normal hang on development of a working vaccine for the novel virus.And earnings season is kicking off. Over the next several weeks, well see Q3 results from every publicly traded company, and investors will watch those results eagerly. The consensus is, that earnings will be down year-over-year somewhere between 20% and 30%. With this in mind, weve used theTipRanks databaseto pull up three dividend stocks yielding 6% or more. Thats not all they offer, however. Each of these stocks has a Strong Buy rating, and considerable upside potential.Philip Morris (PM)First on the list is tobacco company Philip Morris. The sin stocks, makers of tobacco and alcohol products, have long been known for their good dividends. PM has taken a different tack in recent year, with a turn toward smokeless tobacco products, marketed as cleaner and less dangerous for users health.One sign of this is the companys partnership with Altria to launch and market iQOS, a heated smokeless tobacco product that will allow users to get nicotine without the pollutants from tobacco smoke. PM has plowed over $6 billion into the product. Given the regulatory challenges and PR surrounding vaping products, PM believes that smokeless heated tobacco will prove to be the stronger alternative, with greater potential for growth.No matter what, for the moment PMs core product remains Marlboro cigarettes. The iconic brand remains a best seller, despite the long-term trend of public opinion turning against cigarettes.As for the dividend, PM has been, and remains, a true champ. The company has raised its dividend payment every year since 2008, and has reliably paid out ever quarter. Even corona couldnt derail that; PM kept up its $1.17 quarterly payment through 2020, and its most recent dividend, paid out earlier this month, saw an increase to $1.20 per common share. This annualizes to $4.80, and gives a yield of 6%.Covering PM for Piper Sandler, analyst Michael Lavery likes the move to smokeless products, writing, We remain bullish on PM's strong long-term outlook, and we believe recent iQOS momentum throughout the COVID-19 pandemic has been impressive. iQOS has had strong user growth and improving profitability, and store re-openings could further help drive adoption by new users.Lavery rates PM shares an Overweight (i.e. Buy), and his $98 price target implies a one-year upside of 24%. (To watch Laverys track record, click here)Overall, the Strong Buy consensus rating on PM is based on 9 reviews, breaking 8 to 1 in Buy versus Hold. The shares are priced at $79.10 and their $93.56 average price target suggests an 18% upside potential. (See PM stock analysis on TipRanks)Bank of N.T. Butterfield & Son (NTB)Butterfield is a small-cap banking firm based in Bermuda and providing a full range of services to customers on the island and on the Caymans, the Bahamas, and the Channel Islands, as well as Singapore, Switzerland, and the UK. Butterfields services include personal and business loans, savings accounts and credit cards, mortgages, insurance, and wealth management.Butterfield saw revenues and earnings slide in the first half of this year, in line with the general pattern of banking services globally the worldwide COVID-19 pandemic put a damper on business, and bankers felt the hit. Earnings in the last quarter of 2019 were 87 cents per share, and by 2Q20 were down to 67 cents. While a significant drop, that was still 21% better than the expectations. At the top line, revenues are down to $121 million. NTB reports Q3 earnings later this month, and the forecast is for 63 cents EPS. Along with beating earnings forecasts, Butterfield has been paying out a strong dividend this year. By the second quarter, the dividend payment was up to 44 cents per common share, making the yield a robust 7%. When the current low interest rate regime is considered the US Fed has set rates near zero, and Treasury bonds are yielding below 1% NTBs payment looks even better.Raymond James Donald Worthington, 4-star analyst with Raymond James, writes of Butterfield, robust capital levels [provide] more than sufficient loss absorption capacity in our view for whatever credit issues may arise. Its fee income stability has proven valuable given the impacts of declining rates on NII, where the bank has actively managed expenses to help support earnings. We continue to believe its dividend is safe for now given its low-risk loan portfolio, robust capital levels, and our forecast for a sub-100% dividend payout even under our stressed outlook.These comments support the analysts Outperform (i.e. Buy) rating, and his $29 price target suggests a 15% upside for the coming year. (To watch Worthingtons track record, click here)Overall, NTB has 4 recent reviews, which include 3 Buys and a single Hold, making the analyst consensus rating a Strong Buy. This stock has a $29 average price target, matching Worthingtons. (See NTB stock analysis on TipRanks)Enviva (EVA)Last on our list is an energy company, Enviva. This company holds an interesting niche in an essential sector, producing green energy. Specifically, Enviva is a manufacturer of processed biomass fuel, a wood pellet derivative sold to power generation plants. The fuel is cleaner burning than coal an important point in todays political climate and is made from recycled waste (woodchips and sawdust) from the lumber industry. The companys production facilities are located in the American Southeast, while its main customers are in the UK and mainland Europe.The economic shutdowns imposed during the corona pandemic reduced demand for power, and Envivas revenues fell in 1H20, mainly due to that reduced demand. Earnings remained positive, however, and the EPS outlook for Q3 predicts a surge back to 45 cents in line with the strong earnings seen in the second half of 2019.Enviva has shown a consistent commitment to paying out its dividend, and in last quarter the August payment the company raised the payment from 68 cents per common share to 77 cents. This brought the annualized value of the dividend to $3.08 per share, and makes the yield 7.3%. Even better, Enviva has been paying out regular dividends for the past 5 years.Covering this stock for Raymond James is analyst Pavel Molchanov, who rates EVA as Outperform (i.e. Buy) and sets a $44 price target. Recent share appreciation has brought the stock close to that target.Backing his stance, Molchanov writes, Enviva benefits from an increasingly broad customer base, and there is high-visibility growth via dropdowns. In the context of the power sector's massive coal retirements including (as of September 2020) 34 countries and 33 subnational jurisdictions with mandatory coal phase-outs (To watch Molchanovs track record, click here.)Envivas Strong Buy consensus rating is based on 4 Buys and 1 Hold. Its share price, which has gained in recent sessions, is $42.60, and as mentioned, it has closed in on the $44.80 average price target. (See EVA stock analysis at TipRanks)To find good ideas for dividend stocks trading at attractive valuations, visit TipRanks Best Stocks to Buy, a newly launched tool that unites all of TipRanks equity insights.Disclaimer: The opinions expressed in this article are solely those of the featured analysts. The content is intended to be used for informational purposes only. It is very important to do your own analysis before making any investment.

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Square Invests in Bitcoins to Boost Cryptocurrency Footprint - Yahoo Finance

LAS VEGAS, Oct. 15, 2020 (GLOBE NEWSWIRE) -- Asia Broadband Inc. (AABB), through its wholly owned subsidiary Asia Metals Inc., announced today that the Company is in the final stages of negotiating the terms of a development agreement with a digital assets and crypto wallet creator to produce a gold-backed cryptocurrency coin. AABB is in advanced discussions with the developer to plan the design, implementation and milestone events schedule for the gold-backed crypto coin prior to initiating the development process. Viewed as a revenue diversification project to create liquidity and monetize gold production, the Company is excited to release further details of the gold-backed crypto coin project in the coming weeks after the agreement is completed.

Asia Broadband Inc. (OTC : AABB), through its wholly owned subsidiary Asia Metals Inc., is a resource company focused on the production, supply and sale of precious and base metals, primarily to Asian markets. The Company utilizes its specific geographic expertise, experience and extensive industry contacts to facilitate its innovative distribution process from the production and supply of precious and base metals in Guerrero, Mexico, to our client sales networks in Asia. This vertical integration approach to sales transactions is the unique strength of Asia Broadband and differentiates the Company to its shareholders.

Forward-Looking Statementsare contained in this press release within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based on the Asia Broadband Inc.s (the Company) expected current beliefs about the Companys business, which are subject to uncertainty and change. The operations and results of the Company could materially differ from what is expressed or implied by the statements made above when industry, regulatory, market and competitive circumstances change. Further information about these risks can be found in the annual and quarterly disclosures the Company has published on the OTC Markets website. The Company is under no obligation to update or alter its forward-looking statements as future circumstances, events and information may change.

Excerpt from:
AABB - Asia Metals Inc. Development Agreement for Gold-Backed CryptoCurrency Coin In Final Stages of Negotiations - GlobeNewswire

On October 8, 2020, the US Department of Justices (DOJ) Cyber-Digital Task Force issued its first crypto-related guidance, Cryptocurrency: An Enforcement Framework, an 83-page report intended to help the industry comply with US legal obligations. While the DOJs report praises blockchain and digital ledger technology for their breathtaking possibilities, it also issues a stark warning: cryptocurrency technology plays a role in many of the most significant criminal and national security threats that the United States faces. After providing a helpful overview of cryptocurrency for lay readers, the report examines the role of the DOJ in prosecuting crypto-related misconduct, including applicable federal statutes, key partnerships and enforcement challenges.

The report was issued mere days after the DOJ announced one of its most significant crypto-related prosecutions of 2020: the criminal indictment of the founders and senior executives of one of the worlds biggest cryptocurrency exchanges the Bitcoin Mercantile Exchange (BitMEX). On October 1, 2020, the SDNY announced money laundering charges against four BitMEX executives, accusing the group of Bank Secrecy Act violations. On the same day as the DOJ indictment, the Commodity Futures Trading Commission (CFTC) brought a civil enforcement action against BitMEX executives as well as five entities that own and operate BitMEX, claiming that they are operating an unregistered trading platform and violating anti-money laundering (AML) and other CFTC regulations. Three of the four individual defendants remain at large; the fourth defendant was released on $5 million bail last week.[1] As of the date of this article, all of the individual defendants have stepped down from their executive positions at BitMEX, including the former CEO and former CTO.[2]

Read together, the report and unsealed BitMEX indictment serve notice on offshore cryptocurrency exchanges and other money services businesses (MSBs) thought to be operating outside of the reach of US authorities US law enforcement agencies have a long reach and will not hesitate to act. In this alert, we offer three key takeaways for crypto exchanges, issuers and other industry participants, as well as thoughts on what to expect going forward.

A. Many weapons in the prosecutorial arsenal including statutes that can ensnare foreign actors

Federal prosecutors have relied on and will continue to rely on a number of statutes prosecuting crypto-related crimes, including charges for wire/mail fraud (18 U.S.C. 1343, 1341), securities fraud (15 U.S.C. 78j and 78ff), access device fraud (18 U.S.C. 1029), identity theft/fraud (18 U.S.C. 1028), fraud/intrusion in connection with computers (18 U.S.C. 1030), money laundering (18 U.S.C. 1956 et seq.), tax evasion (26 U.S. Code 7201), failure to comply with Bank Secrecy Act requirements (31 U.S.C. 5331 et seq.), and the operation of an unlicensed money transmitting business (18 U.S.C. 1960). Other relevant federal laws include those criminalizing drug trafficking (21 U.S.C. 841 et seq.), sale/possession of counterfeit items (18 U.S.C. 2320), illegal sale/possession of firearms (18 U.S.C. 921 et seq.), child exploitation (18 U.S.C. 2251 et seq.), and transactions involving proceeds of illegal activity (18 U.S.C. 1957). The government can also seek criminal and civil forfeiture of cryptocurrency and other assets, as it has in cases involving state actors and terrorist organizations. Under civil forfeiture laws, US authorities can seize assets even where there are no criminal charges or where a defendant may not be prosecutable.

The report emphasizes the use of money laundering statutes to address cryptocurrency crimes, explaining that the DOJ can bring to bear a wide variety of money laundering charges in cases involving misuse of cryptocurrency. Money laundering is identified as one of the most significant risks for cryptocurrency due to the the explosion of online marketplaces and exchanges that use cryptocurrency, which provide criminals with the ability to move vast sums of money efficiently across borders while cover[ing] their financial footprints and to enjoy the benefits of their illegitimate earnings.

The report also warns that issuers, exchangers and brokers of digital assets are considered to be MSBs subject to anti-money laundering and know your customer (KYC) requirements, and that such companies/individuals are subject to oversight by the Department of the Treasurys Financial Crimes Enforcement Network (FinCEN). Notably, FinCENs requirements apply with equal force to both domestic- and foreign-located MSBs, even if the foreign-located MSB does not have a physical presence in the United States, if the MSB conducts business in whole or substantial part in the United States.

While the DOJ observes that some of the largest cryptoasset exchanges operate outside of the United States (see our note on jurisdictional arbitrage below), it also warns exchanges to take seriously their legal and regulatory obligations . . . to protect users and to safeguard potential evidence in criminal or national security investigations. The DOJ states that it will take appropriate action if crypto exchanges breach these obligations, and the BitMEX prosecutions will serve as an important test case. The indictment accuses the BitMEX defendants three out of four of whom are outside the US of Bank Secrecy Act violations for willfully failing to establish, implement and maintain AML and KYC controls.

B. Strategic partnerships with other regulators

The DOJ works with multiple federal regulators and enforcement agencies, including the US Securities and Exchange Commission (SEC), the CFTC, the Internal Revenue Service, FinCEN, and the Office of Foreign Assets Control, among others. For instance, the DOJ and SEC have coordinated in recent years on numerous matters involving allegedly fraudulent initial coin offerings (ICOs). In January 2018, the SEC filed a civil complaint in federal court in Texas seeking to halt an allegedly fraudulent ICO involving a crypto startup called AriseBank. The DOJ brought criminal charges against AriseBanks CEO later that year, claiming that he defrauded investors out of millions of cryptocurrency assets. The CEO ultimately pled guilty in the criminal case to one count of securities fraud; in the civil action, the CEO and the COO agreed to pay nearly $2.7 million in disgorgements, interest and penalties.

In 2017, the DOJ and the SEC similarly brought parallel enforcement proceedings against Brooklyn businessman Maksim Zaslavskiy for securities fraud in connection with two ICOs. In its September 2017 complaint, the SEC alleged that Zaslavskiys companies, RECoin Group Foundation LLC and DRC World Inc., sold digital tokens in a pair of ICOs that qualified as unregistered offerings of securities, and that Zaslavskiy made false or misleading representations and omissions in connection with both token sales. In October 2017, the DOJ filed a criminal complaint charging Zaslavskiy with securities fraud conspiracy for similar misconduct engaging in illegal, unregistered securities offerings and making material misstatements to deceive investors in connection with the ICOs. Zaslavskiy pled guilty to conspiring to commit securities fraud in November 2018 and, a year later, was sentenced to 18 months imprisonment for the crime.

The BitMEX prosecutions are the most recent example of the DOJs cross-agency collaborations. While neither the DOJ/CFTC have offered any detailed comments on their collaboration, both actions were announced on the same day, and the SDNY thanked the attorneys and investigators at the CFTC for offering their expertise in the development of this investigation in its press release.

Separately, the DOJ is also coordinating with foreign regulators, including through the Financial Action Task Force (FATF), an intergovernmental organization founded to promote effective implementation of legal, regulatory, and operational measures for combating money laundering and other threats to the international financial system. The US is a founding member of the FATF and, while holding the FATF presidency from July 2018 through June 2019, made it a priority to regulate [virtual asset service providers] for AML and combatting the financing of terrorism. The report also highlights several internationally coordinated enforcement actions targeting the use of digital assets in a wide range of criminal activity ranging from drug trafficking to child sexual exploitation.

C. Challenges to enforcement

Despite its successes, the DOJ acknowledges several significant crypto-related enforcement challenges, including:

Geography: The report claims that industry participants are engaging in jurisdictional arbitrage and deliberately operating from more lax jurisdictions. The DOJ describes the inconsistency in regulations as detrimental to the safety and stability of the international financial system and claims it has imped[ed] law enforcements ability to investigate, prosecute, and prevent criminal activity involving or facilitated by virtual assets. The BitMEX indictments address this point, accusing the defendants of taking affirmative steps purportedly designed to exempt BitMEX from application of US laws like AML and KYC requirements, noting that the company incorporate[d] in the Seychelles, a jurisdiction they believe had less stringent regulation.[3]

Anonymity: In addition to geographic hurdles, the DOJ must overcome the challenges posed by anonymity mechanisms baked into the technology. While some cryptocurrencies like Bitcoin have public blockchains and thus offer some level of transaction transparency, others operate on non-public or private blockchains, and their transactions are more opaque. Consider Monero, Zcash, and Dash cryptocurrencies described in the report as private coins or anonymity enhanced cryptocurrencies.

Obfuscation: There are a number of mechanisms for helping disguise and conceal cryptocurrency transactions, including mixing, tumbling, and chain hopping all of which make it more difficult to track and trace assets. Mixers and tumblers are entities intended to obfuscate the source or owner of particular units of cryptocurrency by commingling the cryptocurrency of several users prior to delivery of the units to their ultimate destination. The DOJ warns that companies offering mixing or tumbling services are engaged in money transmission, and therefore are MSBs subject to AML and similar requirements. As explained in the report: operators of these services can be criminally liable for money laundering because these mixers conceal or disguise the nature, the location, the source, the ownership, or the control of a financial transaction. Chain hopping is the practice of moving from one cryptocurrency to another, often in rapid succession, and is criticized by the DOJ as a potential way to obfuscate the trail of virtual currency by shifting the trail of transactions.

D. What comes next

The reports detailed presentation of laws and regulations applicable to digital assets, US government agencies with relevant enforcement capabilities, and representative cases initiated to date sends a strong message that the DOJ and its sister agencies remain very focused on preventing the use of digital assets and blockchain technology for criminal purposes. That focus and creativity of US law enforcement in pursing these cases will likely increase as cryptocurrency adaptation increases. In the meantime, it would be prudent to expect that the DOJ and other US regulators will continue to expand their efforts to combat crimes in this area, using the full array of available statutes, and will not shy away from hard and challenging matters, with the BitMEX prosecutions serving as important test cases.

An earlier version of this article appeared on Law360 on October 14, 2020.

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Unpacking the DOJ's cryptocurrency guidance: Enforcement priorities and industry implications - Lexology