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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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MOVERS & SHAKERS

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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