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