Over the past year, many prominent and colorful crypto personalities have been apprehended and arrested. From the jailing of antivirus pioneer John McAfee to the laying of charges against executives from one of the world’s largest exchanges, 2020 didn’t exactly shake off crypto’s reputation as a honeypot for criminals.
Over the first ten months of 2020, blockchain forensics company CipherTrace estimates that losses from thefts, hacks, and frauds totalled a whopping $1.8 billion, a figure fueled in part by the rise of various DeFi platforms.
The report suggests that 2020 is on track to record the second-highest value in losses linked to cryptocurrency crimes, trailing 2019, when proceeds of those crimes exceeded $4.5 billion.
Let’s take a closer look at some of the highest-profile figures embroiled in legal issues this year.
Arthur Hayes goes missing following DoJ charges
On Oct. 1, the United States Department of Justice (DoJ) filed criminal charges against BitMEX founder Arthur Hayes as well as three of his associates for violating the Bank Secrecy Act. Compounding their problems, the US Commodity Futures Trading (CFTC) filed a civil enforcement action against Hayes and his company for flouting AML regulations.
The Hong Kong resident has been MIA in public since and is yet to resurface. But in a stroke of good fortune for Hayes, he might not be compelled to face the music anytime soon, as the United States and Hong Kong have suspended their extradition agreements in light of the recent political turmoil there.
The DoJ alleged that BitMEX had been engaged in a variety of shady activities and had weak Anti-Money Laundering (AML) and Know Your Customer (KYC) policies that could easily be misused by third-party actors.
BitMEX was also accused of operating a complex international corporate structure with offices in premium international destinations such as New York, Hong Kong while claiming to be registered and based out of Seychelles.
After the news broke BitMEX announced the departure of Hayes as the company CEO, along with chief technical officer Samuel Reed and the head of business development Greg Dwyer.
‘Star’ Xu’s mysterious absence explained
Prominent cryptocurrency exchange OKEx copped a lot of flak after it suspended crypto withdrawals on Oct. 16, effectively barring customers from taking out their crypto holdings.
Reports surfaced that the suspension was related to the exchange’s Chinese co-founder Mingxing “Star” Xu being arrested by local authorities — although the exchange vigorously denied that was the issue.
After being unreachable for more than thirty days, Xu finally made a media appearance on WeChat on Nov. 19. He revealed that he’d been assisting relevant authorities investigating OK Group’s “backdoor listing in 2017” in which the exchange had sought to partner with an “undisclosed third party entity” so as to make its offerings available to clients all over the world. Xu indicated that after having looked at his prior business engagements, investigators had finally clarified the matter and given him the all clear.
After a month, OKEx finally re-enabled crypto withdrawals on Nov 27.
John McAfee’s Spanish cruise comes to an abrupt end
Tech savant, crypto evangelist, and eccentric millionaire John McAfee has been leading the crypto hype train for what feels like time immemorial now. In 2017, he famously proclaimed that within 36 months, Bitcoin would hit a price of $1 million or he’d “eat my d**k on national television.” He retracted his statement earlier this year to the relief of most people.
McAfee was detained in Barcelona by local authorities in October in regard to tax evasion charges levied by the US government against him. He was also charged over fraudulently promoting a series of questionable cryptocurrency projects, from which he allegedly profited millions of dollars.
Prosecutors claim that McAfee failed to file his tax returns for four years running, even while he raked in millions of dollars from his consulting work, speaking engagements, digital currency investments, etc. According to a statement released by the US Justice Department, McAfee illegally siphoned his income from various bank accounts and cryptocurrency exchange accounts in the names of different nominees. He is also accused of not declaring a number of expensive assets including a yacht and real estate.
This is not the first time McAfee has been in trouble with the law. Back in 2012, he was questioned by police after his name was linked with the death of his neighbor, Florida businessman Gregory Faull. In 2019 he was ordered to pay $25 million in a wrongful death lawsuit filed by the estate, but refused, saying:
“I have not responded to a single one of my 37 lawsuits in the past 11 years.”
If convicted of the new charges, he could face up to 30 years in prison.
Santiago Fuentes’ billion-dollar scheme collapses
Spanish national, Santiago Fuentes, was the operator of a cryptocurrency arbitrage firm called Arbistar which had tens of thousands of users investing Bitcoin into its arbitrage trading bot. Blockchain investigations firm Tulip Research reported that since its inception, the firm had raised more than $1 billion in Bitcoin.
Suspicions arose in September when Fuentes claimed that due to a “digital error”, Arbistar’s native trading module had been somehow disabled, wiping out more than a quarter of the company’s funds overnight.
In the course of their investigations, Spanish authorities determined that Fuentes had been making use of his crypto outfit to allegedly facilitate various financial frauds and to launder money. Tulip Research traced back some of Arbistar’s withdrawal activity to a deep web marketplace called ‘Hydra’.
Fuentes was arrested in October and has been charged with financial fraud and money laundering. On Dec. 13 lawyers representing 130 former clients said they’d lost 4 million euros ($4.86M) between them, with Spanish media suggesting that in total, 32,000 people had lost 93.4 million euros ($113.5M).
Matthew Piercey’s daring sea scooter escape
The 44-year-old Shasta County, California man was arrested by the FBI on Nov 16. while trying to flee from authorities using a sea scooter.
Local media outlets reported that Piercey was able to evade agents for over an hour by first speeding off in a truck and then abandoning the vehicle on the edge of Lake Shasta where he used a sea scooter — an underwater mobile device that can typically reach a maximum speed of 5mph — to continue to evade police underwater for 25 minutes. He was arrested when he emerged.
Police allege that Piercey solicited $35 million for crypto mining and other investments through Family Wealth Legacy LLC and Zolla Financial LLC.
The two firms reportedly targeted wealthy investors, obtaining a minimum of $50,000 from each client. However Piercey reportedly admitted that he had little to no understanding of cryptocurrencies.
He reportedly spent $2.5 million obtained via his schemes, renovating two of his homes and paying off his credit card bills. He is now currently facing multiple charges of wire fraud, mail fraud, money laundering and witness-tampering. If found guilty, Matthew could face life in prison.
Harpreet Singh Sahni is brought down by Indian sleuths
Over the years, Sydney-based socialite and concert promoter Harpreet Sahni built a reputation as a man who regularly rubbed shoulders with Australia’s elites including ex-Prime Minsters such as Tony Abbott and Julia Gillard, the former Premier of New South Wales Mike Baird, and former cricketer Glenn McGrath.
But in October, Indian police authorities claimed that Sahni and his close aides had allegedly swindled around $50 million from clients. He was promoting a scheme called “Plus Gold Union Coin” (PGUC), which promised to deliver profits ranging between $5,000 to $8,000 per day to backers.
Investors who tipped around $7,000 in PGUC, were told they could potentially rake in more than $100,000 within a year. Investors had to lock into a 12-month contract during which they couldn’t cash out their crypto holdings. However, as PGUC’s popularity grew, token holders began to grow suspicious.
The PGUC website would go offline for weeks at a time and when the currency plummeted, there was no way for investors to minimize their losses or withdraw their assets. The invested money — estimated to be around $50 million — disappeared, with all correspondence stopped with clients.
Sanhi now faces roughly 24 years in prison and is awaiting his sentencing.
Conor Freeman’s million-dollar Bitcoin ploy
The US Department of Homeland Security identified Dublin-based IT professional Conor Freeman as the man behind a theft involving more than $2 million worth of crypto. He was arrested by Homeland Security officials on Nov. 16 and forced to hand over more than 142 Bitcoin.
Freeman was reportedly working with a group able to gain access to the email addresses and phone numbers of victims via various social media platforms. They also had contacts inside the telecom industry, enabling them to initiate sophisticated SIM-swap attacks.
That’s where a scam artist is able to obtain a SIM card that is directly linked to their victim’s mobile number, enabling them to gain access to an individual’s 2FA messages and One Time Passwords that are used to validate identities and approve larger financial transactions.
Freeman pleaded guilty to stealing cryptocurrencies worth $1.92 million from Emmy award-winner Seth Shapiro — producer of The Game Changers, The Chosen One — as well as illegally obtaining an additional $250,000 from two other victims, Michael Templeman and Darran Marble.
The entire Plustoken team
Earlier this year in July, Chinese police took 109 people into custody in connection with the Plustoken Ponzi scheme. Twenty seven of them — including Chen Bo, Luu Jianghua, Lu Jianghua, Lu Qinghai, Jin Xinghai, Wang Yin, and Zhang Qin — were allegedly the scheme’s masterminds, while the remaining 82 people arrested held smaller roles within the organization.
The Plustoken scam raked in an estimated $5.7 billion from more than two million investors. Based out of China, the project presented itself as being a cryptocurrency wallet that provided high returns if users purchased PLUS tokens with either BTC or ETH.
In 2019, key members moved large amounts of crypto out of the platform, with 25,000 BTC sent to various addresses including Bitcoin mixers between Feb and March and in June, 789,534 ETH was transferred from the firm’s coffers. However, by the end of the year, the entire scheme had been exposed, and by July 2020, the project had been taken down by Chinese police.
In November the Jiangsu Yancheng Intermediate People’s Court revealed that authorities had confiscated 194,775 BTC, 833,083 ETH, 487 million XRP, 79,581 BCH, 1.4 million LTC, 27.6 million EOS, 74,167 DASH, 6 billion DOGE and 213,724 USDT — estimated to be worth $4 billion. Earlier this month Chen Bo and 13 of his co-conspirators were sentenced to jail terms ranging between two and 11 years.
New York authorizes first Yen stablecoin operator in the US
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Dezember 29, 2020
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New York has given the first authorization to a stablecoin backed by the Japanese Yen to operate in the U.S.
Per a Dec. 29 announcement, the New York Department of Financial Services has granted Japanese firm GMO-Z.com a charter to handle U.S.D. and Yen-backed stablecoins in New York.
Given New York’s status as a global center, the NYDFS is the most prominent state financial regulator in the U.S. It is also one of the most aggressive. A pass to operate in New York often opens up the rest of the country.
GMO’s charter is as a limited liability trust company rather than a full bank, the principle difference being in authorization to handle deposits. While a stablecoin operator typically needs the ability to hold reserves of the pegged asset, GMO’s charter limits its rights to hold other kinds of deposits not central to its ability “to issue, administer, and redeem” its stablecoins.
The right to issue such non-depository charters has been a bone of contention between state regulators like the NYDFS and national banking regulators in the U.S.
GMO president and CEO Ken Nakamura said: “We’re breaking ground with our move to issue the first regulated JPY-pegged stablecoin, which many see as a safe haven asset.”
The NYDFS recently made changes to its famous BitLicense, including a conditional format that buddies up newly licensed firms with existing licensees. The first conditional BitLicense went to PayPal, facilitating the launch of its new crypto services earlier this fall with the help of longstanding licensee Paxos.
India ponders Bitcoin tax law to target $5B market
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Dezember 29, 2020
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India’s finance ministry has called for the enactment of Bitcoin (BTC) tax laws in the country. According to the Times of India, the ministry’s Central Economic Intelligence Bureau, or CEIB, recently submitted a draft document that proposes levying an 18% goods and services tax on Bitcoin trading.
CEIB figures put the estimated Bitcoin transaction volume in India at over $5.4 billion. Thus, the proposed 18% tax could see the government earning about $970 million from crypto taxation.
As part of the proposed plan, the CEIB is pushing for virtual currencies to be classified as “intangible assets” to fall under the purview of GST with taxes levied on the profits made from trading.
Reacting to the news, Tanvi Ratna, CEO of Indian crypto policy advisory firm Policy 4.0, tweeted:
“Sadly, this does not necessarily imply that crypto will be legal. Under Indian law, illegal income is also taxable & evading its tax counts as criminal activity.”
Indeed, in 2011, India’s finance ministry provided clarification that tax evasion on illegal sources of income was a criminal offense. At the time, the government was reportedly moving toward reclassifying all forms of tax evasion as criminal offenses.
Apart from the Supreme Court reversing the Reserve Bank of India’s ban against banks servicing crypto exchanges back in March, not much has happened by way of cryptocurrency regulations in the country.
The lack of regulatory clarity is reportedly preventing greater investor involvement in the industry. However, India’s crypto peer-to-peer trading market continued to grow in 2020.
Can blockchain technology make online voting reliable?
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Dezember 28, 2020
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The United States Presidential elections on Nov. 3 were contentious to begin with, but unfounded and inaccurate accusations of electoral fraud from the defeated President Trump cast a pall over the whole procedure. Daniel Hardman, chief architect and chief information security officer at self-sovereign identity solution Evernym, thinks blockchain might help voting in general going forward.
“Basically, blockchain can provide a way for voters to be reliably and securely registered to vote, and then when votes are cast, blockchain can be a mechanism for proving that somebody has the right to vote, based on their prior registration,” Hardman told Cointelegraph. “Blockchain can provide some features that would help with auditing a vote in an election,” he added.
Republicans have been hesitant to accept a Biden win, despite the electoral college verifying the results earlier in December. Rationale ranged from accusations of faulty or manipulated voting machines to allegations of falsified ballots appearing en masse at critical voting sites. None of these accusations, however, have stood up in court.
“The recent stuff that we’ve seen with election challenges in Pennsylvania and Arizona and so forth — there are certain features of blockchain that would have made it possible to do more robust auditing,” Hardman said. “You’d basically be able to lay to rest any concerns about tampering and things like that.”
With public blockchains, such as Bitcoin’s (BTC) for example, every transaction is recorded on an immutable public ledger, making audits more foolproof and transparent than centralized or paper-based processes. Applying such technology to voting could achieve similar results for votes.
Although the model appears transparent and unchangeable, how would authorities know if votes came from citizens who only voted one time? “What you want is what’s called end-to-end verification,” Hardman explained. “On the one side, the front side of it is the registration part,” he said, adding:
“You need to know that a person can only register one time and that means that when somebody comes in to register you do the things that you would do in a physical election mechanism today, which is — you check the driver’s license, you see if their picture matches, their signature matches, all that kind of stuff.”
Then, under the hood, the technology ensures each person only a single vote. “On the backend, you prove that for any given registration, you can cast exactly one vote,” Hardman said.
A vastly complex topic calling for varied solutions based on differing threat factors, a blockchain-involved voting system might include specific components for preventing voter fraud and malware, such as biometric-based voter identification. “If you know that, ya know, John Smith from 123 Main Street in Pennsylvania has a particular fingerprint, then it’s pretty hard for somebody else to cast a vote on his behalf,” Hardman explained.
That said, what then stops governments and companies from taking advantage of such personal information for tracking and other usages? Hardman explained China and its COVID prevention measures as an example of privacy infringement. The country has tracked its peoples’ temperatures, matched with their identities and locations, he explained.
“In the case of elections, what you’d like is to separate those two questions,” Hardman said. “The question — is the party that’s trying to cast a vote authorized to do so because they’ve been prior registered in the system — is one question,” he noted. “The question ‘who is this person,’ is a different question,” he explained, adding:
“There are parts of an election where you might want to ask both questions, but there are other parts where you don’t need to ask both, and if you separate those, then you can prevent the government from doing that — from having kind of an apocalyptic surveillance state that knows which vote you cast and when you cast it and stuff like that.”
A key to the problem? A blockchain technology called zero-knowledge proofs, according to Hardman. Zero-knowledge proofs essentially verify a person’s identity without actually revealing their private data. “You ask somebody at registration time to strongly identify, you know, who they are, where they live and so forth, but at the time they cast their vote, what you ask them is to prove that they have the privilege of casting the vote without disclosing who they are,” Hardman explained. “You further ask them to prove that their vote has not already been tracked in the system […] which guarantees that you can’t vote twice.”
Over the past few years, blockchain has gained popularity for its usefulness in a number of mainstream processes, such as supply chain activities.