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13 May 2022 / Michael Goodwin KC , Simon Davison , Tom Davies
Issue: 7978 / Categories: Features , Profession , Cyber
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Crypto fraud: an evolving legal landscape

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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 companies alike.

Response at common law

Cryptoassets are arguably

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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