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As the Internal Revenue Service (IRS) pushes forward with its proposal to increase cryptocurrency surveillance, a past report might offer a clue for how this information may be used in practice. In short, with the IRS set to keep tabs on Americans’ cryptocurrency usage through an expected 8 billion new returns, it seems the Department of Justice (DOJ) may soon have the tools it wants to start confiscating cryptocurrency at an unprecedented rate. 

The issue stems from a 2022 report written by the DOJ in response to Executive Order 14067. For those who might not remember, Executive Order 14067 was President Biden’s first major cryptocurrency initiative. Although many people initially feared an impending crackdown was coming, the executive order largely delayed making sweeping changes by first calling on agencies to issue reports to inform future policies around cryptocurrency and related issues. 

The report, written by the DOJ, covered a vast range of topics. Largely falling into four categories, the recommendations spanned ways to aid prosecutions, ways to improve investigations, ways to expand penalties for cryptocurrency-related crimes, and ways to increase the resources available for government employees.

Related: Bitcoin beyond 35K for Christmas? Thank Jerome Powell if it happens

What’s most interesting for the present conversation, however, is where the DOJ argued for increasing its ability to seize cryptocurrency.

For example, the report states that “it is critical that the United States have the authority to forfeit the proceeds of cryptocurrency fraud and manipulation as a means of deterring such activity and divesting violators of their ill-gotten gains.” Therefore, the DOJ recommends expanding its authority over criminal, civil, and administrative forfeiture.

The DOJ has claimed these updates are necessary because the department’s experience with cryptocurrency-related cases has “revealed limits on the forfeiture tools used to deprive wrongdoers of ill-gotten gains and, in certain cases, restore funds to victims.”

Yet this argument is difficult to understand considering how much and how often the government has been able to seize cryptocurrency over the years. In fact, the report itself mentions such cases. Between 2014 and 2022, the FBI seized around $427 million in cryptocurrency. The IRS seized another $3.8 billion between 2018-21.

With more than $4 billion on hand, the DOJ’s argument that the U.S. government is struggling to seize cryptocurrency is just not as apparent as the report’s recommendations make it out to be.

Related: IRS proposes unprecedented data-collection on crypto users

Still, the IRS’s broker proposal puts the DOJ’s report into a new light given the vast surveillance that the proposal would likely create — vast surveillance that could be used to start confiscating cryptocurrency at an even greater rate.

The problem is what’s referred to as administrative forfeiture. As Nick Sibilla explained in Forbes when the report first came out, “Under ‘administrative’ or ‘nonjudicial’ forfeiture, the seizing agency — not a judge — decides whether a property should be forfeited.” In other words, agencies do not need to prove to a judge that a crime was committed in order to seize the property.

The DOJ commended this process for promoting an “efficient allocation of government resources” while discouraging “undue burdens on the federal judicial system.” In fact, this process seems to be the DOJ’s preferred practice given that administrative forfeitures made up 78 percent of its forfeitures between 2000 and 2019.

Department of Justice forfeitures by category, 2009-19. Source: Institute for Justice

With the IRS collecting vast amounts of new information on Americans’ cryptocurrency use, it’s possible that the DOJ may “suddenly” find vast new arenas for cryptocurrency confiscation. And again, it’s important to stress that these confiscations don’t have to start with an actual crime being committed—just the mere suspicion.

Given how often misunderstandings surrounding cryptocurrency have fueled headlines, it’s not difficult to imagine how such suspicions could emerge. For example, it was less than a month ago that more than 100 members of Congress cited a flawed report to call for a crackdown on cryptocurrency.

Considering the IRS proposal in this light helps to showcase one of the major risks of mass data collection. Whether it’s the DOJ seeking to expand its confiscation activities, the IRS looking to increase audits, or a hacker seeking out an exploit, massive government databases create tempting targets for both internal and external abuse.

If the IRS pushes forward with its proposal, cryptocurrency users should keep a careful eye on how that data is ultimately used by the government at large.

Nicholas Anthony is a policy analyst at the Cato Institute’s Center for Monetary and Financial Alternatives. He is the author of The Infrastructure Investment and Jobs Act’s Attack on Crypto: Questioning the Rationale for the Cryptocurrency Provisions and The Right to Financial Privacy: Crafting a Better Framework for Financial Privacy in the Digital Age.

This article is for general information purposes and is not intended to be and should not be taken as legal or investment advice. The views, thoughts, and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

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Reeves fighting claims she ‘lied’ about deficit – as Starmer set to back her budget

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Reeves fighting claims she 'lied' about deficit - as Starmer set to back her budget

Rachel Reeves is fighting claims that she “lied” to the public about the state of the finances in the run-up to last Wednesday’s budget – in which she raised £26bn in taxes.

It follows a letter published by the Office for Budget Responsibility (OBR), the official watchdog which draws up forecasts for the Treasury, published on Friday.

In it, OBR chair Richard Hughes (who is already under fire for the leak of the budget measures) said he’d taken the unusual step of revealing the forecasts it had submitted to Rachel Reeves in the 10 weeks before the budget, and which is normally shrouded in secrecy.

The OBR sent this table revealing its timings and outcomes of the fiscal forecasts reported to the Treasury
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The OBR sent this table revealing its timings and outcomes of the fiscal forecasts reported to the Treasury

Sir Keir Starmer congratulates Rachel Reeves after the budget
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Sir Keir Starmer congratulates Rachel Reeves after the budget

The letter reveals this timeline, which has plunged the chancellor into trouble:

17 September – first forecast

At this point, it was already known that the UK’s growth forecast would be downgraded. The chancellor was told that the “increases in real wages and inflation” would offset the impact of the downgrade. The deficit forecast by the end of the parliament was £2.5bn.

20 October – second forecast

More on Budget 2025

By this point, that deficit had turned into a small surplus of £2.1bn – i.e. the productivity downgrade has been wiped out and “both of the government’s fiscal targets were on course to be met”.

31 October – third forecast

The final one before the Treasury put forward its measures. The finances were now net positive with a £4.2bn surplus.

But the accusation is that Rachel Reeves was presenting an entirely different picture – that she had a significant black hole which needed to be filled.

13 October

Ms Reeves tells Sky’s deputy political editor Sam Coates the productivity downgrade has been challenging but added: “I won’t duck those challenges. Of course we’re looking at tax and spending.”

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27 October

With the Treasury now aware the deficit had been wiped out, the Financial Times was briefed about a “£20bn hit to public finances.”

4 November

Ms Reeves gave a dawn news conference in Downing Street, setting the stage for tax rises. She says she wants people “to understand the circumstances we are facing… productivity performance is weaker than previously thought”, adding that “we will all have to contribute”.

10 November

Ms Reeves tells BBC 5Live that sticking to Labour’s promises not to raise taxes would require “things like deep cuts in capital spending”. The stage seemed set for the nuclear option – the first income tax rise in decades.

13 November

After headlines about a plot to oust Prime Minister Sir Keir Starmer, the Financial Times reported that the chancellor had dropped plans to raise income tax because of improved forecasts [which we now know hadn’t changed since 31 October], putting the black hole closer to £20bn than £30bn.

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Budget 2025: ‘It’s sickening’

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‘You’ve broken a manifesto pledge, haven’t you?’

The prime minister’s spokesperson has insisted Ms Reeves did not mislead voters and set out her choices, and the reasons for them, at the budget.

But the issue has had enormous cut-through, with newspapers giving it top billing.

The Sun’s Saturday front page headline – “Chancer of the Exchequer – fury at Reeves ‘lies’ over £30bn black hole” – will not have been pleasant reading for ministers.

She now has questions to answer about the chaotic run-up to the budget – of briefing and counter-briefing, which critics say now makes little sense.

Tory leader Kemi Badenoch said on Saturday: “We have learned that the chancellor misrepresented the OBR’s forecasts. She sold her ‘Benefits Street’ budget on a lie. Honesty matters… she has to go.”

Economist Paul Johnson, former director of the respected Institute for Fiscal Studies (IFS), told The Times the chancellor’s 4 November news briefing “probably was misleading. It was clearly intended to have an impact and confirm what independent forecasters like [the National Institute of Economic and Social Research] and the IFS had been saying”.

“It was designed to confirm a narrative that there was a fiscal hole that needed to be filled with significant tax rises. In fact, as she knew at the time, no such hole existed.”

Read more on budget fallout:
Reeves accused over forecasts
Hospitality ‘needs a lifeline’

Ms Reeves is doing a round of morning interviews on Sunday in which she’ll be grilled over which of her budget measures will generate economic growth (which the government claimed was its number one priority), why they have been unable to tackle rising welfare spending and now about why markets and voters were left confused by dire warnings.

She may claim that she never personally said there was a specific £30bn black hole or that the extra headroom generated by the tax rises will ensure she does not have to come back for more next year.

In an interview with The Saturday’s Guardian, Ms Reeves said she had “chosen to protect public spending” on schools and hospitals in the budget.

She confirmed an income tax rise had been looked at, and insisted that OBR forecasts “move around” after the Treasury has submitted its planned measures. There are plenty more questions to come.

Meanwhile, Sir Keir will use a speech on Monday to support Ms Reeves’ budget decisions and set out his long-term growth plans.

He will praise the budget for bearing down on the cost of living, ensuring economic stability through greater headroom, lower inflation and a commitment to fiscal rules, and protecting investment and public services.

Sir Keir will say “economic growth is beating the forecasts”, but that the government must go “further and faster” to encourage it.

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Lammy says justice reforms will reduce victims’ suffering – as right to jury trial set to go in some cases

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Lammy says justice reforms will reduce victims' suffering - as right to jury trial set to go in some cases

Victims will be put “front and centre” in reforms to be announced this week, the justice secretary has said, amid reports jury trials will be scrapped in some cases.

Sky News understands ministers have already been briefed on the changes, which would see a judge decide most cases on their own except for murder, rape or manslaughter – or those in the “public interest”.

The Ministry of Justice (MoJ) said the reforms would speed up justice and save victims from “years of torment and delay”.

Nearly 80,000 cases are currently waiting to be heard in crown courts, but a bid to limit the right to jury trial is likely to be divisive.

Shadow justice secretary Robert Jenrick said Mr Lammy should “pull his finger out” to cut the backlog rather than “depriving British citizens of ancient liberties”.

“The right to be tried by our peers has existed for more than 800 years – it is not to be casually discarded when the spreadsheets turn red,” said Mr Jenrick.

Full details are expected in the coming days, but in a statement today Mr Lammy said he had “inherited a courts emergency; a justice system pushed to the brink”.

More on David Lammy

“We will not allow victims to suffer the way they did under the last government, we must put victims front and centre of the justice system,” he added.

Mr Lammy said thousands of lives were on hold due to the case backlog, a “rape victim being told their case won’t come before a court until 2029. A mother who has lost a child at the hands of a dangerous driver, waiting to see justice done”.

He said he wanted a system that “finally gives brave survivors the justice they deserve”.

The justice secretary will reportedly go further than a review recommended. Pic: PA
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The justice secretary will reportedly go further than a review recommended. Pic: PA

.However, it’s been reported Mr Lammy will go further than a review conducted by Sir Brian Leveson.

The retired judge backed the move for juries only in the most serious cases, but also proposed some lesser offences could go to a new intermediate court where a judge would be joined by two lay magistrates.

The Times said Mr Lammy had suggested in an internal memo he would remove the lay element from many serious offences that carry sentences of up to five years.

There are fears such a move could increase miscarriages of justice and racial discrimination.

Read more from Sky News:
Reeves fighting ‘lie’ claims as Starmer set to back budget
Your Party co-founder refuses to enter conference hall

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Work and pensions secretary speaks to Sky about justice reforms

Speaking to Sky News’ Politics Hub programme this week, work and pensions secretary Pat McFadden did not deny the changes were on the way.

The MoJ has laid the ground for the reforms by saying the court backlog could hit 100,000 by 2028 under the current system.

It said just 3% of cases are currently decided by a jury, with more than 90% already dealt with by magistrates alone.

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Your Party votes to be led by members rather than single MP – avoiding Corbyn-Sultana battle

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Your Party votes to be led by members rather than single MP - avoiding Corbyn-Sultana battle

Your Party will be led by its members rather than a single MP, avoiding a battle between its two co-founders, Jeremy Corbyn and Zarah Sultana.

Members have voted for a collective leadership model rather than a single leadership model, by a margin of 51.6% to 48.4%.

There was a big cheer as the result was announced to delegates gathered in Liverpool for the new movement’s annual founding conference.

Your Party has been marred by factionalism between the two figureheads and had a single leadership model been picked, a big battle for the top job was expected.

But many members told Sky News at the conference that because of the squabbling, they want Your Party to be led by the people rather than “personality icons”.

Collective leadership will see ordinary members who are not MPs elected to senior positions on a Central Executive Committee (CEC), which will decide on party strategy and organisation.

Three key leadership roles will be the Chair, Vice Chair, and Spokesperson, who will be elected by February.

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However MPs could become de-facto leaders, as they will be able to sit in the public office holder section of the executive committee.

They must be elected in a one on one vote, with four positions understood to be available.

A Your Party spokesperson said: “This vote shows that we really are doing politics differently: from the bottom-up, not the top-down.

“In Westminster, we have a professional political class increasingly disconnected from ordinary people, serving corporations and billionaires instead of the communities they are supposed to represent.

“With a truly member-led party, we will offer something different: democratic, grassroots, accountable.”

However one ally of Jeremy Corbyn told Sky News: “People have voted against utilising the biggest asset the party had – Jeremy.”

Your Party members have also voted to allow membership of other parties. Current rules don’t permit dual membership, but this sparked a major row on the eve of conference as it emerged figures from the Socialist Workers Party (SWP) had been expelled.

Ms Sultana, who supports dual membership, branded this a “witch hunt” orchestrated by “nameless bureaucrats” close to Mr Corbyn and refused to enter the conference hall on day one.

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