header-logo header-logo

13 May 2022 / Michael Goodwin KC , Simon Davison , Tom Davies
Issue: 7978 / Categories: Features , Profession , Cyber
printer mail-detail

Crypto fraud: an evolving legal landscape

81441
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll