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ARTICLE · 06 NOVEMBER 2020

Key Takeaways From New Cryptocurrency Enforcement Framework By US Department Of Justice

McCarthy Tétrault
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The United States Department of Justice ("DOJ") recently published a report titled "Cryptocurrency: An Enforcement Framework"[1] (the "Enforcement Framework").

CanadaTechnology

The United States Department of Justice ("DOJ") recently published a report titled "Cryptocurrency: An Enforcement Framework"1 (the "Enforcement Framework"). The lengthy report provides an overview of the cryptocurrency space, the current U.S. laws and regulations that apply to the space, the enforcement challenges and response strategies, and case studies of the muscular approach adopted by the DOJ. This article summarizes the DOJ's position on its expansive jurisdiction and certain business models and activities that it believes have a greater potential to facilitate criminal activity.

Broad Jurisdiction

The DOJ committed to continue its multi-agency "all-tools approach" to conduct "aggressive investigation and prosecution" of actors who use cryptocurrencies to commit, facilitate, or conceal their crimes. Notably, the report asserts the DOJ's expansive view of the US' jurisdiction over crimes involving cryptoassets. Essentially, if a virtual asset transaction

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