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Episode 286 -- Matt Stankiewicz on the Ripple Decision and Celsius CEO Indictment [Audio]

Matt Stankiewicz, Partner at The Volkov Law Group, rejoins the podcast to review the recent Ripple decision by District Judge Torres at the Southern District of New York and the recent indictment of Celsius Networks' CEO. On...more

The SEC Targets Cryptocurrency Exchange Coinbase With Suit in Southern District of New York

On June 6, 2023, the U.S. Securities and Exchange Commission (“SEC”) officially filed suit against Coinbase, Inc. (“Coinbase”) alleging the company operated as an unregistered securities exchange, broker, and clearing...more

The SEC Sues Cryptocurrency Exchange Binance Alleging Sweeping Securities Violations

In a complaint filed June 5, 2023, the U.S. Securities and Exchange Commission (“SEC”) is suing the world’s larged cryptocurrency exchange – Binance Holdings Ltd. (“Binance”), BAM Trading Services Inc. (“BAM Trading”), BAM...more

Bitzlato Cryptocurrency Exchange Founder Charged with Processing $700 Million in Illicit Funds

On Wednesday, January 18, 2013, the U.S. Department of Justice (“DOJ”) unsealed a criminal complaint in the Eastern District of New York charging Russian-national Anatoly Legkodymov, a senior executive at Bitzlato Ltd....more

Bankruptcy Proceedings Reveal Shocking Lack of Controls at Disgraced Cryptocurrency Exchange FTX (IV of IV)

On top of all the legal trouble for FTX’s founder and CEO, Sam Bankman-Fried (“SBF”), the company has also filed for bankruptcy and SBF has been ousted as CEO.  John J. Ray III, an attorney and bankruptcy professional, has...more

The Fall of FTX: The Legal Ramifications of the Collapse of Sam Bankman-Fried’s Cryptocurrency Empire (I of IV)

The cryptocurrency world is in shock watching the events unfold around the stunning collapse of FTX, one of the largest crypto exchanges in the world.  The exchange seemed untouchable just days before everything fell apart. ...more

Bittrex’s Sanctions and AML Violations: The Importance of Compliance Controls for the Cryptocurrency Industry (Part II of II)

In parallel with the Office of Foreign Assets Control (“OFAC”), the Financial Crimes Enforcement Network (“FinCEN”) settled with Bittrex, Inc. (“Bittrex”), a cryptocurrency exchange that allows users to trader virtual assets,...more

OFAC and FinCEN Reach Settlement Agreement with Virtual Currency Exchange Bittrex (Part I of II)

On October 11, 2022, the Office of Foreign Assets Control (“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”) announced settlement agreements with Bittrex, Inc. (“Bittrex”), a cryptocurrency exchange based in...more

OFAC Focuses on Cybercrime by Sanctioning the Hydra Darknet Market and GARANTEX Cryptocurrency Exchange

Continuing with both its crackdown on cybercriminals and illicit digital marketplaces, along with its continued economic pressure on the Russian Federation, OFAC has sanctioned two entities that fit both criteria.  On April...more

Interpreting OFAC Sanctions: The Fine Line Between Compliance and Evasion

Unsurprisingly, we’ve been fielding a significant number of inquiries regarding the latest Russian sanctions.  Most companies seek black and white answers – what can we do and what can’t we do.  However, sanctions are very...more

How to Avoid Sanctions Liability Following a Ransomware Attack

Ransomware attacks are on the rise and companies everywhere should be taking action to strengthen their cybersecurity defenses and resiliency to ensure their internal systems are able to withstand cybercrime attacks. ...more

What to Know About the DOJ’s National Cryptocurrency Enforcement Team

In early October, U.S. Department of Justice (“DOJ”) Deputy Attorney General Lisa Monaco announced the creation of the National Cryptocurrency Enforcement Team (“NCET”).  The NCET will handle the Department’s investigations...more

Takeaways from OFAC’s Sanctions Compliance Guidance for Virtual Assets and Cryptocurrency

In early October, OFAC released a guidance brochure on sanctions compliance, specifically tailored for the cryptocurrency and virtual assets industry.  For seasoned compliance veterans, it ends up reading like a refresher...more

A Compliance Crisis at NFT Marketplace OpenSea – Transparency on the Blockchain

The crypto industry is abuzz with a recent scandal involving OpenSea, the largest NFT marketplace in the industry (for those not in the know, NFT stands for non-fungible token, and the most common use case at the moment is to...more

China’s Digital Yuan: What to Know About the First Major Central Bank Digital Currency

With the rise of digital currencies, it was inevitably going to attract the attention of governments.  Not just in the regulatory sense, but also in terms of utilization.  The blockchain technology underlying these virtual...more

CFTC Opens Inquiry into Binance, One of the World’s Largest Cryptocurrency Exchanges

On Friday March 12, Bloomberg News reported that the Commodity Futures Trading Commission (“CFTC”) has opened an inquiry into Binance Holdings Ltd. (“Binance”) to investigate allegations that the exchange allowed US citizens...more

The New York Attorney General’s Office Reaches Settlement with Bitfinex and Tether

In late February, the New York Attorney General’s office (“NYAG”) settled with Bitfinex and Tether stemming from charges relating to financial mismanagement.  The NYAG alleged that Bitfinex and Tether attempted to cover up...more

Ripple and SEC Joint Letter Indicates Sides Far Apart in Settlement Talks

On Monday, Ripple Labs, Inc.; Brad Garlinghouse, CEO; Christian Larsen, board chairman; and the U.S. Securities and Exchange Commission (“SEC”) filed a joint letter with Judge Analisa Torres in the Southern District of New...more

Ripple Responds to the SEC’s Enforcement Action

Following the SEC’s December filing, Ripple Labs, Inc. has now responded and taken its first steps to defend itself against the allegations.  Ripple’s first move was to file FOIA request with the SEC to obtain the information...more

SEC Launches Enforcement Action Against Cryptocurrency Company Ripple

In December 2020, three days before Christmas, the SEC filed a significant case against Ripple, the major cryptocurrency company. Ripple is a major cryptocurrency company, utilizing the technology to create a global digital...more

DOJ Cryptocurrency Guidance Outlines Enforcement Partnerships (Part II of II)

DOJ’s Cyber Digital Task Force’s report, “Cryptocurrency: An Enforcement Framework,” provides a comprehensive on the growing partnerships between DOJ and other offices within the executive branch....more

DOJ Releases Cryptocurrency Guidance and Enforcement Framework (Part I of II)

Earlier this month, the Department of Justice (“DOJ”), through its Cyber Digital Task Force (hereinafter the “Task Force”), published its 83-page crypto guidance report titled “Cryptocurrency: An Enforcement Framework.”...more

OFAC’s New §501.604 Reporting Requirement: A Small Change with a Big Impact

On June 21, 2019, OFAC changed its requirements for reporting on blocked or rejected transactions under 31 C.F.R. §501.604.  With little fanfare, the interim rule published in the Federal Register greatly expands the...more

Ethics and Culture Lessons from the NBA Finals

Many organizations struggle with their internal culture for a variety of reasons.  Establishing a strong and compliant corporate culture is paramount for an effective compliance program, as even the DOJ has harped on in its...more

The Long Arm of OFAC: Secondary Sanctions, Facilitation, and Causing a Violation

Sanctions law can be complex. The sanctions programs themselves are often a tangled web of do’s and don’t’s – various wind down periods, General Licenses, payment structures, and more. ...more

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