On April 7, in a significant policy shift, the U.S. Department
of Justice (DOJ) announced via the release of a memorandum
that it will no longer pursue criminal enforcement actions that
effectively impose regulatory frameworks on digital asset
companies.
The memorandum criticizes efforts under the previous
administration to pursue a "reckless strategy of regulation by
prosecution" and formalizes the DOJ's support for
President Trump's
Executive Order 14178, which directs federal agencies to
promote open access to blockchain networks and banking services for
lawful crypto users.
The memorandum directs prosecutors to prioritize crypto cases
that hold accountable individuals who (i) cause financial harm to
digital asset investors and consumers, and/or (ii) use digital
assets in furtherance of other criminal conduct, such as funding
terrorism.Specifically, the memorandum sets the following
prosecutorial priorities: