The crypto industry has seen a significant shift toward regulatory compliance since its early days, according to James Smith, co-founder of Elliptic, a crypto compliance firm established in 2013.
“In the early days, only a few companies approached compliance in a serious way,” Smith told Cointelegraph at the Token2049 event. “Coinbase was our first customer — they knew from the start that they wanted to build their business that way. But for most others, it just wasn’t a major priority.”
Elliptic co-founder James Smith at Token2049. Source: Cointelegraph
That began to shift as regulators, including those in New York State, took a more active interest in the crypto industry. The involvement of traditional financial institutions like Fidelity and DBS Bank also contributed, as they entered the space with established compliance expectations from traditional finance services.
Fidelity, for instance, offered its first crypto service for customers in 2019, while the Asian giant DBS created a digital exchange for accredited and institutional investors in 2020.
“We’ve seen a big change in the last couple of years. Exchanges on the global map all care about compliance now, because they want to be part of a global ecosystem,” Smith said.
Crypto exchanges and peer-to-peer protocols remain the industry’s key compliance targets. For authorities, these firms are seen as critical choke points where Anti-Money Laundering and broader financial surveillance controls take effect. At the same time, they’re frequent candidates for sophisticated hacks and laundering operations, as seen in the Lazarus Group’s tactics.
The latest example comes from the Bybit hack, where the Lazarus Group engaged in a sophisticated money laundering scheme to funnel funds. The hackers quickly swapped low-liquidity tokens for Ether (ETH), then swapped them for Bitcoin (BTC) using no-KYC (Know Your Customer) decentralized exchanges.
“They went through some no KYC exchanges, which probably shouldn’t exist, but also through a decentralized protocol where there was lots of liquidity provision that enabled them to get it into Bitcoin,” Smith said, adding that “we’re making it too easy for them as an industry.”
Smith also noted that even after firms flagged the funds as stolen, users continued to trade them through decentralized platforms. “Why was there so much liquidity available to help launder this money?” he said, arguing that those providing liquidity to such protocols should be subject to basic checks on the source and destination of funds. “Go and look at who’s making money. And that’s the first place to start putting some controls.”
New laws to reduce the use of short prison sentences and toughen up community punishments are expected to be introduced within weeks.
Ministers are expected to introduce the new legislation to the Commons after the summer recess.
The changes will abolish most short-term prison sentences and introduce an earned release scheme, based on a model used in Texas, where prisoners who demonstrate good behaviour can be freed earlier – while those who disobey prison rules are detained for longer.
This will include some prisoners jailed for violent offences, although those convicted of the most dangerous crimes and for terrorism will be excluded.
Image: Shabana Mahmood (left) was said to be impressed by the system in place in Texan prisons. Pic: PA
The new bill will introduce many of the changes recommended by the independent sentencing review, carried out by former Conservative justice minister David Gauke earlier this year. It represents one of the largest overhauls of sentencing in a generation and marks a cornerstone of the government’s effort to reduce the size of the prison population in England and Wales.
As well as reducing the use of short custodial sentences, the changes will also toughen up community sentences, introducing a wider range of punishments for those serving time outside of prison. This could include bans on going to stadiums to watch sports or music events, as well as restrictions on visiting pubs, and the wider use of drug testing.
Please use Chrome browser for a more accessible video player
3:10
Becky Johnson speaks with Daniel, a former convict, who was released early after prisons reached capacity.
Other punishments could include driving and travel bans, as well as restriction zones – confining them to certain areas. Some of these can already be imposed for certain crimes, but the new laws will mean that these could be handed down by a judge for any offence.
More from Politics
Under the legislation, which it is understood will be introduced in September, prison sentences of 12 months or less will be scrapped, except for in exceptional circumstances such as domestic abuse cases. Meanwhile, the length of suspended sentences – where an offender is not sent to prison immediately unless they commit a further crime – will be extended from two years to three.
The justice secretary is believed to have been inspired by the earned release scheme during a visit to the States, where she learned about the model being used in Texas to cut crime and bring their prison population under control.
Please use Chrome browser for a more accessible video player
2:41
England is on course to run out of prison places for adult men by November, the Justice Secretary has warned.
Shabana Mahmood said that criminals who break the rules “must be punished” and that those serving their sentences in the community “must have their freedom restricted there, too”.
She added: “Rightly, the public expect the government to do everything in its power to keep Britain safe, and that’s what we’re doing.”
A spokesperson for the Ministry of Justice added: “This government inherited a prison system days away from collapse.
“That is why we are building 14,000 more prison places, with 2,500 already delivered, but we know we can’t build our way out of this crisis.
“Without further action, we will run out of prison places in months, courts would halt trials and the police [would] cancel arrests. That is why we are overhauling sentencing to make sure we always have the prison places needed to keep the country safe.”