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Crypto fraud: an evolving legal landscape

13 May 2022 / Michael Goodwin KC , Simon Davison , Tom Davies
Issue: 7978 / Categories: Features , Profession , Cyber
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Simon Davison, Michael Goodwin QC & Tom Davies investigate the growing problem of crypto fraud
  • Recent regulatory and legal responses to the challenges provided in cryptocurrency related fraud.

There is considerable appetite to expand the regulatory perimeter beyond the, largely anti-money laundering (AML) focused, oversight which currently exists. On 24 March 2022, the Bank of England’s Financial Policy Committee (FPC) set out how, in their view, ‘as cryptoassets and DeFi [decentralised finance based on similar ledger-based technology to cryptocurrencies] grow and develop, enhanced regulatory and law enforcement frameworks are needed, both domestically and at a global level’.

The FPC’s report goes much further than the government’s current proposals around the promotion of cryptoassets. The Bank indicated an intention to subsume crypto technologies which perform an ‘equivalent economic function’ to those in the traditional financial sector within existing regulatory arrangements; emphasising the need to ‘ensure an equivalent regulatory outcome’. This is a significant development which, when implemented, will have far-reaching implications for consumers and crypto-focused

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NEWS
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Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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