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Trump’s focus on cartels highlights new risks for digital assets

Opinion by: Genny Ngai and Will Roth of Morrison Cohen LLP

Since taking office, the Trump administration has designated several drug and violent cartels as Foreign Terrorist Organizations (FTOs) and Specially Designated Global Terrorists (SDGTs). US President Donald Trump has also called for the “total elimination” of these cartels and the like. These executive directives are not good developments for the cryptocurrency industry. On their face, these mandates appear focused only on criminal cartels. Make no mistake: These executive actions will cause unforeseen collateral damage to the digital asset community. Crypto actors, including software developers and investors, may very well get caught in the crosshairs of aggressive anti-terrorism prosecutions and follow-on civil lawsuits.

Increased threat of criminal anti-terrorism investigations 

The biggest threat stemming from Trump’s executive order on cartels is the Department of Justice (DOJ). Almost immediately after President Trump called for the designation of cartels as terrorists, the DOJ issued a memo directing federal prosecutors to use “the most serious and broad charges,” including anti-terrorism charges, against cartels and transnational criminal organizations.

This is a new and serious development for prosecutors. Now that cartels are designated as terrorist organizations, prosecutors can go beyond the traditional drug and money-laundering statutes and rely on criminal anti-terrorism statutes like 18 U.S.C. § 2339B — the material-support statute — to investigate cartels and anyone who they believe “knowingly provides material support or resources” to the designated cartels. 

Why should the crypto industry be concerned with these developments? Because “material support or resources” is not just limited to providing physical weapons to terrorists. “Material support or resources” is broadly defined as “any property, tangible or intangible, or service.” Anyone who knowingly provides anything of value to a designated cartel could now conceivably violate § 2339B. 

Even though cryptocurrency platforms are not financial institutions and never take custody of users’ assets, aggressive prosecutors may take the hardline view that software developers who design crypto platforms — and those who fund these protocols — are providing “material support or resources” to terrorists and launch harmful investigations against them.

This is not some abstract possibility. The government has already demonstrated a willingness to take this aggressive position against the crypto industry. For example, the DOJ indicted the developers of the blockchain-based software protocol Tornado Cash on money laundering and sanction charges and accused them of operating a large-scale money laundering operation that laundered at least $1 billion in criminal proceeds for cybercriminals, including a sanctioned North Korean hacking group.

Recent: Crypto crime in 2024 likely exceeded $51B, far higher than reported: Chainalysis

Moreover, the government already believes that cartels use cryptocurrency to launder drug proceeds and has brought numerous cases charging individuals for laundering drug proceeds through cryptocurrency on behalf of Mexican and Colombian drug cartels. TRM Labs, a blockchain intelligence company that helps detect crypto crime, has even identified how the Sinaloa drug cartel — a recently designated FTO/SDGT — has used cryptocurrency platforms to launder drug proceeds.

The digital asset community faces real risks here. Putting aside the reputational damage and costs that come from defending criminal anti-terrorism investigations, violations of § 2339B impose a statutory maximum term of imprisonment of 20 years (or life if a death occurred) and monetary penalties. Anti-terrorism statutes also have extraterritorial reach, so crypto companies outside the US are not immune to investigation or prosecution.

Civil anti-terrorism lawsuits will escalate 

The designation of cartels as FTOs/SDGTs will also increase the rate at which crypto companies will be sued under the Anti-Terrorism Act (ATA). Under the ATA, private citizens, or their representatives, can sue terrorists for their injuries, and anyone “who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.” 

Aggressive plaintiffs’ counsel have already relied on the ATA to sue cryptocurrency companies in court. After Binance and its founder pled guilty to criminal charges in late 2023, US victims of the Oct. 7 Hamas attack in Israel sued Binance and its founder under the ATA, alleging that the defendants knowingly provided a “mechanism for Hamas and other terrorist groups to raise funds and transact illicit business in support of terrorist activities” and that Binance processed nearly $60 million in crypto transactions for these terrorists. The defendants filed a motion to dismiss the complaint, which was granted in part and denied in part. For now, the district court permits the Ranaan plaintiffs to proceed against Binance with their aiding-and-abetting theory. Crypto companies should expect to see more ATA lawsuits now that drug cartels are on the official terrorist list. 

Vigilance is key 

Crypto companies may think that Trump’s war against cartels has nothing to do with them. The reality is, however, that the effects of this war will be widespread, and crypto companies may be unwittingly drawn into the crossfire. Now is not the time for the digital asset community to relax internal compliance measures. With anti-terrorism statutes in play, crypto companies must ensure that transactions with all FTOs/SDGTs are identified and blocked, monitor for new terrorist designations, and understand areas of new geographical risks.

Opinion by: Genny Ngai and Will Roth of Morrison Cohen LLP.

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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Crypto, Fintech push back against banks’ war on open banking

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Crypto, Fintech push back against banks’ war on open banking

Crypto, Fintech push back against banks’ war on open banking

The Blockchain Association, Crypto Council for Innovation and fintech allies urged the CFPB to finalize an open banking rule ensuring consumers, not banks, control their data.

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UK ‘ready to spend well over £100m’ on possible deployment of British troops to Ukraine

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UK 'ready to spend well over £100m' on possible deployment of British troops to Ukraine

The UK is ready to spend “well over” £100m on a possible deployment of British forces to Ukraine if Donald Trump secures a peace deal with Russia, the defence secretary has said.

John Healey also said Vladimir Putin views Britain as his “number one enemy” because of the country’s support for Ukraine.

The defence secretary’s plan includes the preparation of military personnel to join a multinational force that would be sent to help secure Ukraine’s borders if the US president brokers a ceasefire between Moscow and Kyiv.

He signalled British troops could be ready to deploy as soon as that happened and he said this could include soldiers on the ground.

Some of the anticipated money to prepare for any mission is already being spent.

The defence secretary also warned of a “new era of threat” and said the risk of wider conflict in Europe has not been as great since the end of the Second World War.

Mr Healey used a lecture at Mansion House in London to talk about efforts led by the UK and France to build a “coalition of the willing” of more than 30 nations to form what he called a “Multinational Force Ukraine” over the past six months.

At Mansion House this evening. Pic: PA
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At Mansion House this evening. Pic: PA

This force would help to secure Ukraine’s skies and seas and train its troops if Russia agrees to halt its full-scale war.

“So, as President Trump leads the push for peace here in Europe, we are ready to lead the work to secure it in the long-term,” the defence secretary said.

“For our Armed Forces, I am already reviewing readiness levels and accelerating millions of pounds of funding to prepare for any possible deployment into Ukraine.”

Asked how much money, he said it would be “well over” £100m.

British troops have been instrumental in the training of Ukrainian soliders throughout the conflict at camps like this one in East Anglia.Pic: PA
Image:
British troops have been instrumental in the training of Ukrainian soliders throughout the conflict at camps like this one in East Anglia.Pic: PA

Mr Healey trumpeted the UK’s support for Ukraine, including a record £4.5bn in assistance this year, and taking over from the United States in co-chairing a wider group of nations that have been sending weapons and money to Kyiv.

“This is why President [Volodymyr] Zelenskyy calls the UK his closest ally,” he said.

“This is why Putin ranks Britain as his number one enemy.”

But he warned that as Russia’s aggression grew in Ukraine and beyond its borders, “Britain and our NATO allies stand more unified, and stronger”.

Read more:
‘Ukraine can’t win war,’ says Trump
UK military to be given powers to shoot down threatening drones

Putin has ‘sent signal to Trump that he’s ready for Ukraine deal’

Vladimir Putin. Pic: Sputnik/Reuters
Image:
Vladimir Putin. Pic: Sputnik/Reuters

Giving a stark verdict of the security landscape, Mr Healey said: “This is – undeniably – a new era of threat. The world is more unstable, more uncertain, more dangerous. Not since the end of the Second World War has Europe’s security been at such risk of state-on-state conflict.”

He said this required what he described as “a new era for defence”.

He said: “This is now an age for hard power, strong alliances and sure diplomacy.”

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The defence secretary said plans for the new era would include increasing defence spending to 5% of GDP by 2035 – though critics have accused the UK and other European allies of playing smoke and mirrors with the target, questioning how much will really be spent on weapons and troops.

“As I look ahead to the rest of this decade, our task, in this new age of hard power is to secure peace in our continent and to forge stronger deterrence and resilience, a New Deal for European security,” said Mr Healey.

Turning to the Middle East, he also announced the UK was sending a two-star military officer to work as the deputy to the US commander, charged with monitoring the ceasefire between Israel and Hamas.

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Govt to allow early release of thousands of rapists and violent criminals, Tories claim in sentencing row

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Govt to allow early release of thousands of rapists and violent criminals, Tories claim in sentencing row

The government will allow thousands of rapists, child sex offenders and other violent criminals to be released early from prison, the Conservatives claimed as a row over sentencing law reforms erupted.

Ahead of MPs debating the Sentencing Bill, introduced to tackle the growing prison population, on Tuesday, the Tories accused Labour of favouring criminals over victims and said the government’s approach is a “betrayal of victims”.

But Labour accused the Conservative Party of “rank hypocrisy” over prison overcrowding and the previous government’s early release policies.

The bill will restrict the use of short sentences and instead strengthen community punishments.

It will also include an “earned progression scheme”, which allows convicts who demonstrate good behaviour to be freed earlier, with enhanced supervision in the community followed by an unsupervised period on licence.

There will be a minimum release point of 33% for standard determinate sentences and a 50% minimum for more serious standard determinate sentences – as well as more tagging to monitor offenders in the community.

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Could a drone drop a gun into prison?

The Tories claim the bill as it is would mean 85% (6,500) of the most serious jailed offenders could qualify for early release because they are serving standard sentences, while more than 83% of child sex offenders and 62% of convicted rapists would serve reduced sentences.

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They have tabled an amendment to the bill to ensure a carve out for the most serious crimes, so those who commit assault by penetration, rape, grievous bodily harm, stalking and sexual offences against children cannot be released early.

Under Labour plans to abolish custodial sentences below 12 months, the Tories calculated up to 43,000 offenders could avoid jail altogether.

They said the bill could lead to permanent leniency in sentencing.

Read more:
More jail time for criminals who refuse to attend sentencing hearings

Thousands of prison officers to get stab-proof vests

Conservative shadow justice minister Dr Kieran Mullan said: “Labour’s early release plan is a betrayal of victims and a gift to rapists and paedophiles. Keir Starmer is putting criminals before communities and letting predators out early.

“Under Labour’s plans, thousands of the most serious and sickening offences imaginable would no longer be treated as such. What an insult to thousands of victims across the country.

“Anyone who vote for these plans will have to explain exactly why these crimes do not count among the most serious offences.

“The Conservatives will fight this moral rot every step of the way.”

Justice Secretary David Lammy at Belmarsh prison. Pic: PA
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Justice Secretary David Lammy at Belmarsh prison. Pic: PA

But sentencing minister Jake Richards accused the Tories of “rank hypocrisy” as he said the previous government took prisons to “breaking point”.

He said Labour are “cleaning up the mess” left by the Tories and accused them of “feigned outrage”.

“The Conservatives’ rank hypocrisy is shameful. They built this crisis, then feigned outrage when the consequences arrived,” he added.

“They took our prisons to breaking point, released thousands of serious offenders early and pushed Britain to the brink of a situation where police could no longer make arrests and courts could no longer prosecute.

“That would have been a total collapse of law and order.

“Now they attack us for cleaning up the mess they made. They are behaving like arsonists complaining the fire service couldn’t stop the flame.

“This Labour government believes in prison and in punishment that cuts crime.

“We’re delivering the biggest prison expansion since the Victorians, reforming sentencing to keep the public safe and building a justice system worthy of the name.”

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