Cryptocurrencies have increasingly become a prime target for cybercriminals,
drawn to the notion that fraudulent transactions cannot be reversed, providing
them with a false sense of security for their stolen funds. However, this
assumption is far from accurate. Cryptocurrencies operate on a public blockchain,
enabling the tracing of illicit funds.
The appeal for criminals to utilize cryptocurrencies stems from several factors.
Firstly, cryptocurrencies offer a certain level of anonymity, allowing illicit
actors to carry out their activities without revealing their true identities.
Secondly, these digital currencies eliminate the need for trust between parties
involved in a transaction, further facilitating illicit operations.
Additionally, cryptocurrencies enable swift and seamless money transfers,
providing unmatched convenience for criminals. Their user-friendly nature,
combined with the ease of storage and transfer, further attracts illicit actors.
Lastly, cryptocurrencies facilitate borderless global trades, opening doors for
various illicit activities, including money laundering, illicit goods and
services trading, fundraising for criminal and terrorist organizations, and
more.
Tracing illicit funds through the blockchain is the core focus of cryptocurrency
investigations. Often referred to as "crypto investigations," these efforts
involve overcoming three major obstacles to unveil the identities of the
criminals and terrorists involved. The first challenge involves tracking the
activity on the blockchain and meticulously following the trail of illicit money
to an exchange.
Cooperation with global, peer-to-peer, or unregulated exchanges
poses the second hurdle, requiring international collaboration and information
sharing. Lastly, uncovering the true identities behind exchange transactions
becomes crucial for successfully exposing the culprits involved in illicit
activities.
Challenges in Cryptocurrency Crime Investigation
Investigating cryptocurrency crimes can present several challenges due to the
unique characteristics of digital currencies. The following are some of the
prominent challenges encountered in the investigation of cryptocurrency-related
offenses:
- Anonymity and pseudonymity of cryptocurrency transactions
Investigating cryptocurrency crimes presents significant challenges due to the
inherent anonymity provided by cryptocurrencies such as Bitcoin. Transactions
are recorded on a public ledger known as the blockchain, but the identities of
the individuals involved are often represented pseudonymously. This anonymity
poses a formidable obstacle for law enforcement and security organizations, as
there is no direct association between a cryptocurrency address and the
real-world person behind it. Criminals can exploit this anonymity to transfer
funds swiftly and effortlessly between parties, enabling them to evade detection
effectively. Furthermore, criminals continually employ a variety of tools and
techniques to further enhance their anonymity on the blockchain, striving to
outpace law enforcement's efforts to track and apprehend them.
- Encryption and privacy
Cryptocurrencies leverage encryption techniques to safeguard transactions and
wallets, thereby guaranteeing privacy and security for lawful users.
Nonetheless, this very encryption can present challenges for investigators
endeavouring to obtain transaction details or wallet information during an
investigation. Deciphering or circumventing robust encryption can prove to be a
demanding and resource-intensive undertaking, consuming significant time and
effort.
- Lack of traditional financial infrastructure
Cryptocurrencies function in a realm separate from the conventional financial
system, thereby posing greater difficulties when it comes to utilizing
established financial institutions or regulatory mechanisms for monitoring
unlawful activities. Investigators may encounter obstacles in acquiring banking
records, immobilizing assets, or retrieving funds, as these procedures lack the
simplicity found in traditional financial crimes.
- Global scale and jurisdictional challenges
The decentralized nature of cryptocurrencies presents a unique challenge in
establishing jurisdictional boundaries and facilitating coordinated efforts
among multiple nations. This jurisdictional ambiguity can be exploited by
criminals, posing significant difficulties for law enforcement agencies in
conducting investigations and bringing offenders to justice.
Due to their global reach, cryptocurrencies facilitate instantaneous and
borderless transactions. Exploiting this characteristic, criminals can swiftly
transfer funds across jurisdictions, effectively evading local law enforcement
authorities. In such cases, the cooperation and collaboration of international
agencies become paramount. However, the absence of standardized regulations and
varying approaches to cryptocurrencies across countries can impede effective
coordination in combating these illicit activities.
- Use for Illegal Purposes
Criminals and terrorists are increasingly leveraging cryptocurrencies for a wide
range of unlawful activities, including drug trafficking, tax evasion, financial
crimes, organized crime operations, scams, Ponzi schemes, cyber-attacks,
ransomware, distribution of child abuse materials, financing terrorism, money
laundering, illicit purchases on dark marketplaces, and other suspicious
endeavours. The anonymity offered by cryptocurrencies enables anonymous
transactions, thereby attracting such illicit uses.
Furthermore, numerous funds acquired through off-chain criminal activities are
being laundered using blockchain technology. Tracing these illicit funds and
uncovering money laundering schemes involving cryptocurrencies necessitates
specialized knowledge in forensic accounting and financial investigations.
- Evolving technology
The realm of cryptocurrencies and associated technologies is constantly
evolving, presenting investigators with new and intricate challenges. Criminals
are swift in embracing emerging cryptocurrencies, privacy-oriented coins, and
innovative methodologies. As a result, it is imperative for investigators to
remain abreast of the latest trends and advancements in order to effectively
combat cryptocurrency-related crimes.
- Rapidly evolving criminal techniques
Criminals continuously refine their tactics to exploit vulnerabilities within
the cryptocurrency ecosystem. They employ various strategies, such as utilizing
newly developed privacy-centric coins, capitalizing on decentralized exchanges,
or employing sophisticated hacking techniques. To effectively counter these
evolving methods, it is crucial for investigators to commit to ongoing training
and invest in research and development efforts. By doing so, they can better
equip themselves to tackle emerging threats within the dynamic landscape of
cryptocurrency-related crimes.
- Lack of a detailed standard operating procedure for custody and
preservation of a seized cryptocurrency wallet
Crafting a comprehensive standard operating procedure (SOP) for the custody and
preservation of a seized cryptocurrency wallet demands meticulous attention to
the distinctive attributes of digital assets. It is imperative to develop a
detailed SOP specifically tailored to address the requirements of securing and
maintaining a seized cryptocurrency wallet.
- Lack of skill, tools and expertise in the hands of investigating
officers
The absence of adequate skills, tools, and expertise among investigating
officers in the realm of cryptocurrency crime poses significant challenges. To
address this, it is crucial to prioritize the training and education of
investigating officers. Establishing partnerships and fostering collaboration
between law enforcement agencies, digital forensics experts, academia, and
professionals from the cryptocurrency industry becomes essential.
Equipping investigating officers with advanced digital forensics tools and
software explicitly designed for analysing and tracing cryptocurrency
transactions is necessary. Law enforcement agencies and investigators often
require additional training and resources to stay abreast of the latest trends,
techniques, and tools relevant to cryptocurrency investigations. By investing in
continuous education and providing access to cutting-edge resources, authorities
can enhance their effectiveness in combating cryptocurrency-related crimes.
- Absence of formal and legal provisions makes cross-border
investigation difficult
Cryptocurrencies operate globally, surpassing traditional geographical
boundaries, which can present challenges in cases involving multiple
jurisdictions. The absence of formal and legal provisions for cross-border
cooperation can impede investigations by hindering the coordination of efforts,
information sharing, and evidence gathering across diverse legal systems.
Cryptocurrency investigations often require access to sensitive data held by
service providers, exchanges, or individuals located in different countries. The
lack of formal provisions complicates the process of navigating data sharing and
privacy concerns. Each jurisdiction may have varying rules and regulations
concerning data protection, which hampers the exchange of crucial information.
In the absence of established provisions, obtaining legal assistance or mutual
cooperation from foreign jurisdictions becomes more intricate. This includes
requests for information, acquiring search warrants or subpoenas, freezing
assets, or extraditing suspects. The absence of standardized procedures results
in delays and inconsistencies in cross-border investigations.
Cryptocurrency crimes involve intricate legal and regulatory issues such as
money laundering, fraud, and illicit activities. The lack of formal provisions
hinders the harmonization of laws and regulations across jurisdictions.
Differences in legal frameworks lead to disparities in how crimes are defined,
investigated, and prosecuted, posing obstacles to effective cross-border
cooperation.
- Crypto crimes not being universally recognized
The recognition and understanding of cryptocurrency crimes can vary
significantly among different jurisdictions and law enforcement agencies. The
global and decentralized nature of cryptocurrencies poses unique challenges for
regulatory bodies and law enforcement.
Given that cryptocurrencies and their associated crimes are relatively novel
concepts, not all law enforcement agencies may possess the same level of
awareness or understanding regarding the intricacies of these technologies. This
knowledge gap can impede the recognition and effective investigation of offenses
related to cryptocurrencies.
- Limited resources and funding
Law enforcement agencies often encounter resource constraints when dealing with
cryptocurrency crimes. The intricate nature of these investigations demands
specialized skills, tools, and technology, which may not always be easily
accessible or affordable.
The complexity of analysing and tracing cryptocurrency transactions, securing
digital evidence, and staying updated with the latest developments in the field
necessitates investment in specialized resources. However, budget limitations
and competing priorities can pose challenges in providing law enforcement
agencies with the necessary resources to effectively combat cryptocurrency-related
offenses.
- Difficulty in recovering stolen or lost funds
Recovering stolen or lost funds in the aftermath of a cryptocurrency crime can
prove to be an arduous task. Unlike traditional financial systems,
cryptocurrencies lack a central authority that can reverse or freeze
transactions. Once funds are transferred in the decentralized network, tracking
and retrieving them become challenging endeavours.
- Lack of awareness and education
The limited knowledge and understanding of cryptocurrencies among potential
victims and law enforcement personnel can create challenges in investigating and
preventing cryptocurrency crimes.
For potential victims, lack of awareness about the risks associated with
cryptocurrencies can make them vulnerable to scams, fraud, and other malicious
activities. Without understanding how cryptocurrencies work or the precautions
needed to secure their digital assets, individuals may unknowingly fall victim
to scams or provide sensitive information to criminals.
Similarly, law enforcement personnel who are unfamiliar with cryptocurrencies
may face difficulties in identifying and investigating cryptocurrency-related
crimes. The unique nature of digital currencies, decentralized networks, and
complex technologies involved can be unfamiliar territory for investigators.
Without sufficient knowledge and training, it becomes harder to recognize
suspicious activities, gather evidence, and build a strong case against
perpetrators.
Awareness campaigns and education are crucial to address these challenges. It is
important to provide resources and training programs that help individuals,
especially potential victims and law enforcement personnel, understand the
basics of cryptocurrencies, recognize common scams, and learn about best
practices for secure transactions and protecting digital assets.
By increasing awareness and knowledge about cryptocurrencies, we can empower
potential victims to make informed decisions and protect themselves from fraud.
Additionally, well-informed law enforcement personnel will be better equipped to
investigate and prevent cryptocurrency crimes, leading to a safer environment
for all users of digital currencies.
- Difficulty in gathering digital evidence
Cryptocurrency crimes leave behind a wealth of digital evidence, such as
blockchain data, transaction records, and online communications. Investigating
and analysing this evidence is a complex task that requires specialized skills
and tools.
Law enforcement agencies need to work closely with technology companies and
service providers to obtain the necessary information and cooperation. This may
involve requesting data from cryptocurrency exchanges, online platforms, or
digital wallet providers. However, obtaining this cooperation can be challenging
due to factors such as privacy concerns, jurisdictional issues, or the
reluctance of companies to share sensitive information.
Specialized tools and expertise are also crucial for effectively analysing the
digital evidence. Investigators need to have a deep understanding of blockchain
technology, data analysis techniques, and cybersecurity measures. They may
utilize forensic software and other advanced tools to trace transactions,
identify patterns, and connect the dots in the investigation.
To enhance the investigation of cryptocurrency crimes, it is important for law
enforcement agencies to invest in training and equipping their personnel with
the necessary skills and tools. Collaboration and cooperation with technology
companies and service providers are essential for accessing the relevant digital
evidence and ensuring a thorough investigation.
- Lack of international cooperation and coordination
Cryptocurrency crimes often cross borders, necessitating collaboration and
coordination among law enforcement agencies from different countries. However,
challenges arise due to variations in legal systems, regulations, and cultural
norms, which can impede effective cooperation. These differences can result in
delays in investigations and reduce the likelihood of successful prosecutions.
Each jurisdiction has its own set of laws and regulations governing
cryptocurrencies, and these may differ significantly from one country to
another. Understanding and navigating these variations can be time-consuming and
complex for investigators. Differences in cultural norms and practices related
to cryptocurrencies can further complicate cooperation and understanding between
agencies.
Additionally, the process of obtaining and sharing evidence or information
across international boundaries involves legal frameworks such as Mutual Legal
Assistance Treaties (MLATs) and other forms of international cooperation. These
processes can be lengthy and bureaucratic, further hindering timely
investigations.
To address these challenges, international collaboration frameworks need to be
strengthened, and efforts should be made to harmonize regulations and legal
procedures related to cryptocurrency crimes. Improved communication, sharing of
best practices, and mutual understanding between law enforcement agencies from
different jurisdictions are essential to effectively combat cross-border
cryptocurrency crimes.
- Public perception and stigma
Cryptocurrencies have gained a reputation for being associated with illegal
activities, scams, and fraud, leading to a negative perception among the public.
This negative stigma can create obstacles for investigators in their efforts to
gain support and cooperation from the public. It can also make it harder to
implement necessary regulations and measures to address these issues.
The negative image surrounding cryptocurrencies can make people hesitant to
trust or engage with them, which can limit the flow of information and hinder
investigations. Additionally, the lack of public trust may impede the
implementation of regulations that could help prevent illicit activities and
protect individuals from scams and fraud.
Overcoming this stigma requires education and awareness to help the public
understand that cryptocurrencies themselves are not inherently bad, but rather
it is the misuse and criminal activities surrounding them that need to be
addressed. Building trust and cooperation between investigators and the public
is crucial for effectively addressing cryptocurrency-related crimes and
fostering a safer environment for all participants in the cryptocurrency
ecosystem.
- Non-cooperation of blockchain nodes
When investigating transactions on a blockchain, the non-cooperation of
blockchain nodes can create obstacles for law enforcement agencies. Blockchain
nodes are the computers or devices that participate in the network and store a
copy of the blockchain's transaction history. However, these nodes operate
independently and are not obligated to assist law enforcement or provide
information.
Since blockchains are decentralized and lack a central authority, there is no
central entity that can enforce regulatory compliance or facilitate information
sharing for investigations. This decentralization can make it difficult for law
enforcement to trace transactions back to specific individuals or gather the
necessary evidence.
The non-cooperation of blockchain nodes adds to the challenges faced by
investigators, as they rely on the voluntary cooperation of node operators to
gain insights into transaction details. Without this cooperation, understanding
and tracing transactions become more complicated, and the anonymity of
individuals involved can be preserved.
- Time-consuming Mutual Legal Assistance Treaties (MLAT) and Letter Rogatory (LR)
processes
The process of obtaining legal assistance and evidence through Mutual Legal
Assistance Treaties (MLATs) and Letter Rogatory (LR) can be challenging and
time-consuming when investigating cryptocurrency-related crimes. These processes
require collaboration and cooperation between different countries to gather
crucial information for cross-border cases. However, they involve navigating
complex legal and procedural requirements, which can vary from one jurisdiction
to another. Meeting specific documentation and formality requirements is
necessary, adding to the complexity.
The involvement of multiple government agencies, including diplomatic, judicial,
and law enforcement bodies, can introduce bureaucratic delays and administrative
procedures that extend the overall investigation timeline. Language barriers
further complicate matters as requests and documentation need to be accurately
translated and interpreted, which takes time.
Efforts can be made to streamline and expedite MLAT and LR processes, but it is
essential to strike a balance between efficiency and respecting due process,
privacy rights, and the sovereignty of each involved jurisdiction.
- Strong Privacy Laws
Balancing strong privacy laws with cryptocurrency crime investigations can be
difficult for law enforcement agencies. Privacy is a fundamental right that
deserves protection, but it can create obstacles for investigators working to
combat criminal activities involving cryptocurrencies. It is crucial to
establish legal frameworks that safeguard privacy rights while also equipping
authorities with the necessary powers and tools to effectively investigate and
prevent illicit activities.
Finding the right balance ensures that privacy is respected while enabling law
enforcement to take appropriate action against criminals. It requires careful
consideration and collaboration between lawmakers, privacy advocates, and law
enforcement agencies to strike a balance that safeguards privacy rights and
effectively addresses cryptocurrency-related crimes.
- Lack of Regulatory Framework
Monitoring cryptocurrency transactions can be challenging due to the absence of
a regulatory framework. Unlike traditional financial systems, cryptocurrencies
lack a centralized authority, making it difficult to establish consistent
regulations. This regulatory gap has provided an opportunity for criminals to
engage in illicit activities like money laundering and terrorist financing using
cryptocurrencies.
Cryptocurrencies operate in a decentralized and global environment, often
outside the jurisdiction of any specific government or regulatory body. The lack
of consistent and standardized regulations across jurisdictions complicates
investigations, as authorities may not have the necessary legal frameworks or
tools to effectively address cryptocurrency-related crimes. The dynamic and
evolving nature of cryptocurrencies further adds to the complexity, as different
countries have diverse regulatory approaches, and authorities may struggle to
keep pace with the rapid developments in the crypto space.
- Limited regulatory oversight
The cryptocurrency space lacks consistent and comprehensive regulatory
oversight, which can pose obstacles to investigations. Gaps in regulations and
weak enforcement mechanisms create opportunities for criminals to exploit
loopholes and participate in illegal activities. This lack of regulatory
consistency and effectiveness hinders law enforcement agencies' ability to
combat cryptocurrency-related crimes and apprehend those involved.
- Difficulty in tracking transactions across different blockchains
The level of transparency differs among various cryptocurrencies and blockchain
networks, creating difficulties in tracking transactions across different
platforms. This poses a challenge for financial institutions and regulators who
strive to monitor and identify suspicious activities involving multiple
cryptocurrencies or blockchain networks. Due to the varying degrees of
visibility and accessibility of transaction information, it becomes more complex
to establish a comprehensive view of the flow of funds and detect potential
illicit activities that span across different blockchain networks.
- To conceal their anonymity of transactions on blockchain different methods
used by criminals
Criminals employ various techniques to maintain anonymity when conducting
transactions on the blockchain. They use cryptocurrency mixers or tumblers to
obfuscate the origin and destination of funds, making it challenging to trace
illicit activities. These services pool funds from multiple users and
redistribute them, complicating investigations. Cryptocurrency exchanges and
mixers add complexity to tracking illicit transactions.
Here are some common techniques used:
Mixing Services (Cryptocurrency Tumblers): Mixing services, also called
cryptocurrency tumblers or mixers, are platforms where users can combine their
funds with others and receive funds from different sources. The goal of these
services is to hide the transaction history and disconnect the sender from the
recipient. They achieve this by blending multiple transactions together, making
it difficult to trace the original source of the funds. By using mixing
services, criminals can obscure their financial activities and maintain their
anonymity.
CoinJoin:
CoinJoin is a technique that enhances privacy by merging several
transactions from different users into one single transaction. In this combined
transaction, there are multiple inputs (sources of funds) and outputs
(recipients of funds). This mixing process makes it challenging to determine the
relationship between the sender and recipient, as well as the exact amounts
being transferred. By using CoinJoin, individuals can add an extra layer of
anonymity to their cryptocurrency transactions, making it harder for outside
observers to trace and analyse the flow of funds.
Privacy-Centric Cryptocurrencies:
Monero (XMR) and Zcash (ZEC) are
cryptocurrencies that are designed to protect the anonymity and privacy of
users. They employ advanced techniques in cryptography to conceal important
details of transactions, like who sent the funds, who received them, and the
exact amount involved. This level of privacy is stronger than what is offered by
cryptocurrencies like Bitcoin, where transaction information can be seen by
anyone. By using these privacy-focused cryptocurrencies, users can enjoy a
higher level of confidentiality and keep their identities hidden when making
transactions on the blockchain.
Coin Swapping:
Criminals sometimes use decentralized exchanges or peer-to-peer
trading platforms to trade one cryptocurrency for another. By swapping their
funds through multiple transactions and different cryptocurrencies, they make it
more difficult to track their activities. This strategy adds complexity to
tracing their transactions, as it creates a web of transactions across different
currencies and platforms, making it challenging for investigators to follow the
money trail.
Off-Chain Transactions:
These transactions take place outside of the blockchain
network. Criminals sometimes exploit payment channels or other off-chain methods
to conduct transactions without leaving a direct record on the blockchain. This
approach adds difficulty to connecting transactions with specific individuals or
entities. Because these transactions occur off the public blockchain, they can
make it more challenging for investigators to trace and identify the parties
involved, further complicating their efforts to track illicit activities.
Decentralized Mixing Protocols:
Decentralized mixing protocols, like TumbleBit
and ZeroLink, are designed to enhance privacy without the need for a centralized
mixing service. These protocols allow users to obscure transaction details by
utilizing advanced cryptographic techniques and multi-party computation. By
leveraging these protocols, users can mix their transactions with others in a
decentralized manner, making it difficult to trace the flow of funds and
associate specific transactions with individual users. This adds an extra layer
of privacy and anonymity to cryptocurrency transactions, making it harder for
third parties to uncover sensitive information about the parties involved.
Identity Laundering:
Criminals sometimes use stolen or fake identities to set up
accounts and wallets for their cryptocurrency activities. By using these false
identities, they can mask their true identity and make it harder for
investigators to connect transactions to specific individuals. This tactic
allows them to operate with a certain level of anonymity and avoid being easily
identified or tracked. By hiding behind these stolen or synthetic identities,
criminals create obstacles for law enforcement agencies trying to attribute
cryptocurrency transactions to their real-world counterparts.
- Use of advanced technologies by Criminals and Terrorists
Criminals and terrorists are becoming more skilled at using advanced
technologies and new tactics to outsmart law enforcement and security
organizations. They continuously adapt and find innovative ways to carry out
their activities while evading detection and capture. This poses a significant
challenge for authorities as they work to keep up with these constantly evolving
strategies and stay ahead of those who seek to cause harm and commit illegal
acts.
- Time-sensitive Investigations
In many investigations, time is of the essence, and investigators cannot afford
to spend significant time cooperating with exchanges. The process of
collaboration can be time-consuming and involve bureaucratic procedures, which
can delay the progress of the investigation. Due to the urgency of the
situation, investigators often need to find alternative methods or prioritize
actions that allow them to swiftly gather the necessary information and move
forward with their investigation.
- Confidential Investigations
Authorities may face challenges when it comes to cooperating with third parties,
such as exchanges, in cryptocurrency-related investigations. This is because the
investigations often involve sensitive information that cannot be shared openly.
In some cases, disclosing details about a case could compromise the ongoing
investigation, while in other situations, the information itself may be
considered confidential. As a result, authorities may be hesitant or unable to
fully cooperate with third parties, which can pose difficulties in obtaining the
necessary information for the investigation.
- Cryptocurrency Exchanges in countries with hostile or no diplomatic
relations
Law enforcement agencies may face obstacles in their investigations when
cryptocurrency transactions occur in countries with strained or non-existent
diplomatic relations with their own countries. In such cases, cooperation and
the exchange of necessary information may be hindered or even refused, causing a
roadblock in the investigation process.
- Decentralized Cryptocurrency Exchanges
Certain exchanges operate on a decentralized network where transactions occur
directly between users without the involvement of a central authority. While
this provides security and eliminates the need for intermediaries, it also poses
challenges for law enforcement agencies. Since there is no central point of
contact or a formal Know Your Customer (KYC) process, it becomes difficult for
authorities to establish cooperation and identify the individuals involved in
illicit activities on these platforms.
- Unfriendly or Unregulated Cryptocurrency Exchanges
There are exchanges that operate without regulations and are not bound by
Anti-Money Laundering (AML) requirements. These exchanges are often located in
countries with lower standards for AML compliance. In such cases, these
exchanges are not obligated to provide information to foreign authorities when
requested as part of a money laundering investigation. Obtaining information or
cooperation from these cryptocurrency exchanges can be difficult, as they may
lack regulation or be based in jurisdictions with weaker regulations. Exchanges
may also be hesitant to share customer data due to privacy concerns or to
safeguard their reputation.
- Fake Identities of Criminals
Criminals are skilled at circumventing Know Your Customer (KYC) policies
implemented by centralized exchanges. They employ various techniques, such as
using counterfeit driver's licenses and creating synthetic biometrics, to create
fake identities and aliases that help them evade identity verification
processes. By resorting to these deceptive methods, criminals aim to conceal
their true identities and engage in illicit activities within the cryptocurrency
ecosystem.
- Use of VPNs
Criminals can avoid the identification requirements of exchanges by using
Virtual Private Networks (VPNs) to establish secure and anonymous network
connections. By doing so, they can hide their actual IP address and simulate IP
addresses from countries that do not enforce strict identification policies on
exchanges. This enables them to bypass the need to provide identification
information and conduct transactions anonymously, making it more challenging for
authorities to track their activities.
- Fraud-as-a-Service
Fraud-as-a-service, or peer-to-peer trading, is a common method where
individuals act as intermediaries on behalf of others in cryptocurrency
exchanges. These intermediaries use their own identities to facilitate
transactions for the criminal parties. In return, they receive a commission for
transferring the funds from the exchange to the individuals involved in the
fraudulent activities. This technique allows criminals to hide their true
identities and carry out illegal transactions through the help of these
third-party intermediaries.
- High Cost of Blockchain Analytic Tools
The expensive nature of blockchain analytic tools can be a hurdle for law
enforcement agencies and other entities investigating cryptocurrency crimes.
These tools are specialized software or services that help analyse blockchain
data and provide valuable information about transactions, addresses, and
patterns of activity. Developing and maintaining effective blockchain analytic
tools requires extensive research and ongoing investment in software
engineering, data collection, algorithm design, and keeping up with the
ever-evolving blockchain technologies. These costs can be a challenge for
organizations that aim to leverage these tools to combat cryptocurrency-related
crimes effectively.
- Complexity of Transactions
Cryptocurrency transactions can become intricate webs of transfers, mixing
services, and anonymization techniques, creating obstacles for tracking the flow
of funds. Criminals employ various tactics, including coin tumblers or mixers,
Shapeshifter, CoinJoin, and stealth addresses, to obscure the origins and
destinations of funds. This sophisticated use of techniques makes it challenging
for law enforcement agencies to trace the money trail and identify the
individuals involved. The involvement of these tools and methods by criminals
adds complexity to investigations, requiring specialized knowledge and resources
to overcome the hurdles presented by these privacy-enhancing measures.
- Privacy-enhanced Communication and Secured Browsing
Privacy-enhanced communication and secure browsing are methods and technologies
aimed at protecting users' privacy and security while using the internet. These
practices involve taking various measures to safeguard personal information,
maintain confidentiality, and reduce risks associated with online activities.
Some common techniques include encryption, virtual private networks (VPNs),
Secure Sockets Layer/Transport Layer Security (SSL/TLS), privacy-focused
browsers, anonymous browsing, and privacy-focused messaging platforms. These
methods make it more challenging to trace money transactions, as they provide
means for hiding illicit activities. Criminals and terrorists exploit these
tools to operate covertly, making it difficult for security and law enforcement
organizations to track their connections or identify the applications and
websites they use.
- Privacy Enhanced Wallets
Privacy-enhanced wallets, also known as privacy wallets, are cryptocurrency
wallets designed to prioritize user privacy and enhance the anonymity of
transactions. These wallets incorporate various features and techniques to
obscure transaction details and protect the identities of the individuals
involved.
It's important to understand that while privacy-enhanced wallets offer an
additional layer of privacy, they may not guarantee complete anonymity. To
maintain a higher level of privacy when using cryptocurrencies, users should
also consider other factors like network analysis, IP tracking, or adopting
additional privacy-focused practices.
Some examples of privacy-enhanced wallets include Wasabi Wallet for Bitcoin,
Monero Wallet for Monero, and Zcash Wallet for Zcash, among others. These
wallets employ specific privacy-enhancing features and techniques to safeguard
user identities and transaction details within the cryptocurrency ecosystem.
- Privacy Coins
Privacy coins are a type of cryptocurrency that use advanced cryptographic
technologies to enhance user privacy. These technologies, such as ring
signatures, zero-knowledge proofs, stealth addresses, and coin mixing, help to
protect the privacy of transactions.
Each technology serves a specific purpose in enhancing privacy, such as hiding
transaction amounts, obscuring the identities of the sender and receiver, and
making transaction patterns more difficult to trace.
Popular examples of privacy coins include Monero (XMR), Zcash (ZEC), Dash
(DASH), and Verge (XVG), among others. These coins have been specifically
designed to prioritize user privacy and provide advanced anonymity features for
cryptocurrency transactions.
However, it's important to note that while privacy coins offer additional
privacy features, the level of privacy achieved can vary. Users should also be
aware of the limitations and potential risks associated with using privacy
coins.
- Nested Cryptocurrency Exchanges
In the context of cryptocurrencies, a nested exchange, also known as an OTC
(over-the-counter) broker, is a service that maintains accounts with various
popular cryptocurrency platforms. It allows customers to trade using those
accounts. The unique feature of nested exchanges is that they often provide
immediate access to all trading features without requiring customers to go
through Know Your Customer (KYC) requirements.
Unfortunately, nested exchanges can be misused by scammers, fraudsters, and
potentially for ransomware payments. They may offer money laundering services,
allowing criminals to bypass KYC and anti-money laundering (AML) regulations.
This makes nested exchanges attractive to those seeking to hide their identities
and engage in illicit activities.
It's important to be cautious and aware of the risks associated with nested
exchanges, as they can be exploited by criminals
- Peer-to-Peer (P2P) Crypto Networks
P2P decentralized networks enable users to directly exchange cryptocurrencies or
crypto assets without the need for a traditional crypto exchange that enforces
KYC (Know Your Customer) requirements. Unfortunately, there have been instances
where criminals exploited unsuspecting users, also known as "money mules," to
transfer funds to different addresses and eventually to an exchange located in a
country with lax anti-money laundering (AML) standards.
- Crypto ATM (Crypto Kiosk)
A crypto ATM, also known as a Bitcoin ATM or cryptocurrency ATM, is a physical
machine where you can buy or sell cryptocurrencies using cash or other
traditional payment methods. It works similarly to a regular ATM that dispenses
cash, but instead, it allows you to interact with the cryptocurrency network.
To buy cryptocurrencies at a crypto ATM, you can use cash or a debit/credit
card. The machine will provide you with a QR code that you can scan using your
digital wallet. By scanning the QR code, you can transfer the purchased
cryptocurrencies to your wallet.
However, it's important to be aware that criminals may exploit the anonymity
provided by crypto ATMs. They can use cash to buy cryptocurrencies and transfer
the funds to wallet addresses held in different locations. In some cases, they
may even send the funds to a "nested service provider" to further enhance their
anonymity.
When using a crypto ATM, keep in mind that the availability and features may
vary depending on the specific machine and its operator. Additionally, be
mindful of transaction fees, exchange rates, and any additional charges
associated with using the crypto ATM before proceeding with a transaction.
- Gambling Platforms
Some online gambling platforms accept payments in cryptocurrencies. This can be
exploited by criminals who use these platforms to transfer cryptocurrencies from
one country to a criminal-controlled wallet in another country. They may
purchase gambling chips using cryptocurrencies, conduct a few transactions, and
then convert them back into cryptocurrencies by sending them to a wallet
controlled by the same criminal, an associate, or a "nested service provider."
Another tactic involves two associates, such as a buyer and seller of illegal
goods, both having gambling accounts with the same provider. They transfer funds
between their gambling accounts through player-to-player transfers. The seller
can then "cash out" the money as gambling profits, disguising the proceeds from
the illegal goods sale as gambling winnings.
- Non-fungible Tokens (NFTs)
Non-fungible tokens (NFTs) are a special kind of digital asset stored on
blockchains, with many of them being on the Ethereum blockchain. NFTs are
associated with unique digital artwork or other digital items and provide the
owner with permanent ownership rights over the associated data. These tokens can
be bought and sold using cryptocurrencies on dedicated marketplaces.
However, a recent study by the US Treasury Department has raised concerns about
the potential use of NFTs for money laundering and terrorist financing.
Criminals may exploit the booming NFT market to "clean" illegally obtained
funds. NFTs can be swiftly transferred between parties without geographical
boundaries or regulatory oversight.
For instance, a criminal could create an anonymous NFT, list it for sale on the
blockchain, and then buy it using an anonymous and unregulated digital wallet
containing illegal funds from a different jurisdiction. Eventually, the NFT
could be sold to an unsuspecting individual who purchases it using legitimate
funds, unknowingly participating in a scheme to launder money.
It is important to be aware of the potential risks associated with NFT
transactions and exercise caution when engaging in the NFT market.
- Cybersecurity Risks
Cryptocurrencies can be targeted by cyberattacks like hacking, theft, and
ransomware. These security breaches pose a risk to investigations and can lead
to the loss of important evidence.
- Volatility and Asset Recovery
The value of cryptocurrencies can change a lot, which makes it harder to recover
stolen or unlawfully obtained funds. The unpredictable nature of
cryptocurrencies adds uncertainty to the process of getting back the money.
Dealing with these difficulties requires cooperation between different
countries, training investigators in specialized skills, improving regulatory
systems, and developing advanced tools and techniques for analysing and tracing
cryptocurrency transactions.
Conclusion
The investigation of cryptocurrency crimes presents numerous challenges that
hinder the efforts of law enforcement agencies. One major challenge is the
anonymity and pseudonymity of cryptocurrency transactions. Cryptocurrencies
provide a certain level of anonymity, making it difficult to link transactions
to real-world identities. Criminals take advantage of this anonymity to carry
out illicit activities, making it challenging for investigators to track and
identify them.
Another challenge is the lack of traditional financial infrastructure.
Cryptocurrencies operate outside the traditional banking system, making it
harder for investigators to monitor unlawful activities, acquire banking
records, or freeze assets. The global scale and jurisdictional challenges of
cryptocurrencies also pose significant hurdles. Cryptocurrencies enable
borderless transactions, allowing criminals to easily transfer funds across
jurisdictions and evade local law enforcement. The absence of standardized
regulations and varying approaches to cryptocurrencies across countries impede
effective coordination and cooperation in combating these crimes.
Additionally, the evolving technology and rapidly changing criminal techniques
in the cryptocurrency ecosystem present ongoing challenges. Criminals constantly
adapt to new cryptocurrencies, privacy-oriented coins, and innovative
methodologies, requiring investigators to continuously update their skills and
knowledge.
Limited resources and funding further compound the challenges. Investigating
cryptocurrency crimes demands specialized skills, tools, and technology that may
not always be easily accessible or affordable for law enforcement agencies with
budget limitations.
To overcome these challenges, it is crucial to prioritize the training and
education of investigating officers, establish partnerships and collaboration
between different stakeholders, invest in specialized resources and technology,
and raise awareness among potential victims and law enforcement personnel. It is
worth mentioning that despite these challenges, law enforcement agencies and
other organizations are actively working to come up with effective strategies,
tools, and partnerships to fight against cryptocurrency crimes.
References:
- Challenges revolving investigation of cryptocurrency-related cases discussed at DGs conference, ANI, 25 January 2023 07:13 pm IST, By Saurabh Trivedi, The Print
- Sanctionsscanner.com, Crypto, Challenges and Techniques in Cryptocurrency Transaction Monitoring, LEEOR BEN-PERETZ, AUG 20, 2021
- CRYPTOCURRENCIES - THE CHALLENGES FOR CRIMINALS AND INVESTIGATORS, Written by Anna Stylianou
- by Patrick Howell O'Neill, How governments seize millions in stolen cryptocurrency
- Cryptocurrencies - The Challenges for Criminals & Investigators, Global Compliance Institute, Published Apr 12, 2022
- Cognyte, Keeping up with financial investigations in the crypto age
- SOP ON INVESTIGATION PROCESS/METHODOLOGIES FOR CRYPTOCURRENCY RELATED CYBERCRIMES, AUGUST 2021, NCR & IC, BPRD, Ministry of Home Affairs, Government of India
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- Cryptocurrency Mining, Devan Hansel
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Written By: Md. Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email:
[email protected], Ph no: 9836576565
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