What is FinCEN: Fun Facts and Fundamentals

FinCEN, short for the Financial Crimes Enforcement Network, plays a key role in U.S. money and banking regulations. In a world full of financial rules and acronyms, this is one you’ll want to understand—here’s what it means and why it matters.

FinCEN is part of the U.S. Department of the Treasury and its main job is to protect the financial system from being used by criminals. This includes stopping things like money laundering, terrorist financing, and other illegal activity that can hide behind everyday transactions.

But wait, there’s more!

What Does FinCEN Do?

FinCEN collects and analyzes financial data to spot suspicious activity. Then it shares that info with law enforcement agencies to help catch bad actors. You can think of FinCEN as a watchdog for the money system—making sure banks and other financial companies follow the rules and don’t accidentally help criminals.

Over the years, FinCEN has been involved in some big-name cases. For example:

The Bank Secrecy Act

FinCEN enforces something called the Bank Secrecy Act (BSA). This law was created to help fight money crimes and requires banks and financial institutions to keep records and report anything suspicious.

One important part of the BSA is the Customer Identification Program (CIP). Banks have to collect information—like name, address, and ID numbers—when someone opens a new account. This helps stop fake identities from slipping through the cracks.

Other Key Rules and Reports

Here are some of the other important tools FinCEN uses to keep the system safe:

  • Suspicious Activity Reports (SARs): If a bank sees a transaction that looks off—like a sudden large deposit from a risky source—it must file a SAR.
  • Currency Transaction Reports (CTRs): Any cash transaction over $10,000 has to be reported to FinCEN.
  • Office of Foreign Assets Control (OFAC): FinCEN works closely with OFAC to stop U.S. citizens from doing business with people or countries that are under sanctions (like North Korea). Banks must check names against OFAC’s list and freeze accounts if there’s a match.

What About Cryptocurrency?

FinCEN has at times taken enforcement action on the crypto industry. Because digital currencies can be harder to trace, they’re sometimes used by criminals to move money secretly. FinCEN has taken steps to make sure crypto companies follow the same rules as traditional banks. That includes requiring customer verification and reporting suspicious activity. 

Beyond The U.S.

FinCEN works with partners around the globe, like the Financial Action Task Force (FATF). Together, they share data and strategies to stop money crimes that cross borders. FinCEN’s influence reaches beyond the United States.

The USA PATRIOT Act

After the 9/11 attacks, the USA PATRIOT Act gave FinCEN even more tools to stop terrorist financing. It forced financial institutions to step up their recordkeeping and reporting efforts.

Education and Enforcement

FinCEN isn’t just about penalties—it also educates. It sends out warnings to banks and businesses about new threats, gives guidance on best practices, and helps companies stay up to date with changing laws.

The FinCEN Files

In 2020, a major leak known as the FinCEN Files revealed how some big banks moved huge amounts of suspicious money, even when they knew it might be tied to crime. This led to more calls for stronger laws and better enforcement.

Why FinCEN Matters

FinCEN may not be a household name, but the work it does helps keep your money—and the country—safer. From stopping large-scale fraud to tracking illegal crypto use, it plays a key role in keeping the financial system honest and secure.

As money crimes evolve, so does FinCEN. Whether it’s cracking down on scammers or stopping terrorist financing, this small but powerful agency is on the front lines, protecting people and keeping financial crime in check.

Oh fack, you’ve never heard of OFAC? Learn about the role of OFAC in economic and trade sanctions!

Miami LOVES Crypto: What Savvy Lawyers Need to Know

It’s undeniable—Miami has become synonymous with cryptocurrency. Over the last decade, the city has evolved into a haven for digital currency enthusiasts and investors.

The booming crypto scene shapes not only the city’s economy and culture but also brings new responsibilities and considerations for legal professionals. With crypto’s rapid expansion, there’s an urgent need to protect potentially vulnerable individuals who may be at risk due to unregulated or fraudulent crypto activities.

For local attorneys, this heightened crypto activity brings unique challenges and opportunities, especially in areas like securities litigation, class actions, and regulatory compliance. As South Florida continues to attract crypto businesses and investors, the need for legal expertise in digital assets remains.

Miami’s Crypto Culture

Miami’s journey into becoming a crypto hotspot has been fueled by high-profile events, proactive local government support, and a welcoming attitude toward industry and investors.

Major Crypto Events

Some of the world’s biggest crypto events have taken place in Miami, drawing enthusiasts from around the globe:

  • Bitcoin Conference: The annual Bitcoin conference is one of the largest gatherings of crypto enthusiasts. The city made headlines when El Salvador’s president announced his country’s plans to adopt Bitcoin as legal tender at Bitcoin 2021. Events like these showcase Miami’s influence in the crypto world.

  • CryptoWorldCon and Crypto Expo: These events attract industry professionals, investors, and innovators to discuss emerging trends, regulatory challenges, and the future of crypto. They help solidify Miami’s status as a leading crypto hub. 

Pro-Crypto Government and Mayor Suarez’s Initiatives

Miami’s status as a crypto center wouldn’t be what it is today without the efforts of Mayor Francis Suarez. Suarez has been a vocal proponent of digital currency, promoting Miami as the “crypto capital” of the world.

Miami Mayor’s Crypto-Friendly Policies

  • Salary in Bitcoin: Mayor Suarez has even offered to take his mayoral salary in Bitcoin, symbolizing his commitment to cryptocurrency.

  • MiamiCoin: Launched in 2021, MiamiCoin was intended to generate revenue for the city while allowing residents to earn Bitcoin yields. Even the mayor expressed uncertainty about the project’s viability

This pro-crypto stance has attracted businesses from around the world, bringing with it a range of potential legal considerations.

The Rise and Fall of FTX Arena

The home stadium of the Miami Heat was renamed FTX Arena in 2021 after the city signed a 19-year naming rights deal with the FTX cryptocurrency exchange.

The partnership underscored Miami’s enthusiastic embrace of cryptocurrency, celebrating the city’s alignment with a prominent industry leader. However, this affiliation proved to be brief.

After FTX filed for bankruptcy in November 2022, due to allegations of fraud and mismanagement, the county decided to terminate the naming rights agreement, and the arena was temporarily renamed Miami-Dade Arena.

This situation is a reminder of the volatility and risks inherent in the crypto market.

Legal Implications of Miami’s Crypto Boom

For local lawyers, Miami’s embrace of crypto presents unique opportunities. The dynamic legal landscape provides numerous avenues for growth and specialization in response to emerging issues related to digital assets.

Securities Litigation and Consumer Protection

The classification of cryptocurrencies and tokens as securities remains a contentious issue. Miami’s active crypto market makes it fertile ground for securities litigation involving allegations of fraud, misrepresentation, and regulatory breaches.

For lawyers specializing in securities law, this environment offers a chance to engage in complex litigation that may impact the broader crypto market. Additionally, consumer protection is essential as some investors may fall victim to fraudulent schemes, making class actions another significant area of opportunity.

Regulatory Compliance and KYC/AML Requirements

For attorneys, staying up-to-date on SEC and CFTC regulations is essential. Compliance with Know Your Customer (KYC) and Anti-Money Laundering (AML) laws presents ongoing challenges for crypto businesses and requires constant vigilance.

Lawyers specializing in regulatory compliance can help clients navigate these requirements, ensuring adherence to federal and state regulations to avoid costly penalties.

Estate Planning and Divorce Cases Involving Crypto

Crypto has begun to impact estate planning and divorce proceedings. Valuing and dividing digital assets can be complex, especially given their volatility and the unique nature of digital wallets. Lawyers in family law and estate planning can help clients navigate these new waters.

Navigating Miami’s Crypto Legal Landscape

For lawyers in Miami, the city’s crypto culture presents a unique growth opportunity. Whether you’re advising clients on regulatory compliance, litigating crypto-related cases, or helping with estate planning involving digital assets, staying informed and adaptable will be key to thriving in this dynamic environment.

Miami’s crypto love affair is shaping more than just its economy—it’s redefining what it means to be a lawyer in the Magic City. By staying attuned to the latest developments and positioning yourself as an expert in this burgeoning field, you can carve out a niche and grow your practice in a rapidly changing legal landscape.

Curious about other crypto hubs? Don’t miss our guides to Austin, Denver, Miami, and NYC!

Learn more about Cryptocurrency and Digital Assets as an emerging practice area!

Exclusive Preview of Crypto Confidential: An Insider’s Account From The Frontlines Of Fraud by Jake Donoghue

We’re beyond excited to bring you this exclusive preview of Jake Donoghue‘s upcoming book, Crypto Confidential: An Insider’s Account From The Frontlines Of Fraud. Releasing on August 22, this captivating book takes you deep into the world of cryptocurrency, exposing hidden fraud and deception. With his insider knowledge, Donoghue uncovers the dark side of digital finance, making this a must-read for anyone interested in the future of crypto. Dive into our preview and discover the secrets from a true industry veteran.

And don’t forget to pre-order!

Prologue: The Swindler’s Symposium 

I forced my way through the frenzied crowd, holding my phone like a man overboard with a lifeline. For the past 2 hours it had been pinging almost constantly with horrifying updates and even more alarming projections. It was a bloodbath; I had never seen this much red. 

With a million sharply declining charts searing into my vision, I picked a precarious path through swathes of inebriated partygoers. The atmosphere may have been one of celebration, but I was a oneman island of terror. I had to find Archie; I knew he would be hidden somewhere in this heaving mass of bodies. I had to speak to him to make sense of what was going on. To ask how we were going to pull through this. 

The year was 2022. Bitcoin was crashing, and everything was totally and irrevocably fucked. 

In light of the market meltdown, I had arrived late to my own party. Midnight had come and gone before I found the entrance to the bar. We were in Canary Wharf, after all: a maze of endless, hollow boulevards. Here was the dark heart of British finance – a gleaming playground for capital and an apt setting for such an event. 

Stealing out of the cold November night, I was ushered into the foyer of tonight’s low-ceilinged, clammy venue by Claire, our none-too-impressed events coordinator. She shouted over the blaring music, gesticulating wildly and speaking a novel and hybrid language – a fusion of English, French and general exasperation. With much effort, I managed to catch the gist of her discontent: London’s crypto bros had arrived in force, and now they were letting down their hair as only the sickeningly rich can. 

I told her she could dispense with door duties and join the party, and we both strode into the main room – I in search of my co-founder, she in search of the open bar. I eventually spotted Archie, holding court in a quieter corner of the bar, surrounded by an audience of young men with glazed eyes and vacant expressions. Whatever he was saying, it would have to wait. 

I hurried over to him, stammering an apology to the pack of hangers-on I pushed out the way.

‘Archie,’ I said, my voice a heady blend of relief and distress. ‘Archie, mate, you need to see this.’ 

I held out my phone, a price chart filling the display. I studied Archie’s expression as he looked at the chart, his face aglow in malevolent red light. Archie raised his eyes to meet mine, then reached out and snatched the phone from my hand. He swiped at the screen and started typing, watching for a reply from whoever he had just messaged. 

‘Fucking hell,’ he eventually said. 

‘Right,’ I said. ‘It’s bad, isn’t it?’ 

‘It’s awful,’ he said. Then, with a grin, he added, ‘I just messaged the manager, and he’s saying we’ve still got eight grand on the bar tab. What the fuck have these people been doing all night?’

With a laugh, Archie thrust my phone at my chest. Then he seized me and the nearest of the bystanders and marched us both to the bar, gesturing for another round of whatever overpriced concoction he had been quaffing all evening. 

‘Right,’ Archie said, turning to me as the barman busied himself with an array of bottles. ‘What was that shit you were showing me on your phone?’ 

I blinked and looked into Archie’s drunken eyes. Music was pounding and strobes fashed from above, lending a dreamlike glow to the scene. ‘Are you fucking mental? Have you seen what’s happening to the markets? This is the lowest bitcoin has traded for over two years, and everything else is getting rekt with it.’ 

‘Rekt’ is a morsel of crypto slang that is used to describe a collapse in the price of an asset – or, in this case, the entire market. A deliberate misspelling of ‘wrecked’, the term originated in the gaming community before being appropriated by crypto commentators. It’s a light-hearted term but is often used to describe even the most cataclysmic events. 

But Archie wasn’t fazed. He simply laughed and said, ‘You could do with getting a bit more rekt yourself. You’re bringing the vibe down.’ 

Archie’s admonishment did nothing to calm the anxiety that had been overpowering me for the last few hours. Surveying the bar once more, I found yet more cause for concern in the sheer lack of concern around me. These were some of the most prominent, influential people in the entire industry, and not one of them seemed bothered by what was happening to the market. Their house was on fire and, rather than rushing for the door, grabbing the family photo albums on the way, they didn’t even appear to have noticed. 

In one corner, the CEO of a crypto company worth just under half a billion dollars (and less still by the second) was attempting to ‘long arm’ a pint of beer. He held the pint at full arm’s length and raised it into the air. Some beer gushed into his open mouth, but most of it spilled over his face and down his shirt. Onlookers cheered, and the sodden CEO set down his glass, wiping flecks of foam from his chin. 

In another corner, a group of try-hard traders, sporting slicked-back hair and shirts two sizes too small, laughed as they poured Cristal champagne over their plate-sized Patek Philippes. I rolled my eyes, having always considered this one of the more obnoxious practices of crypto millionaires. 

Surely, I thought, everyone in the room couldn’t be so rich or stupid that they didn’t know or care about what was happening? Surely these erstwhile successful people wouldn’t fiddle all night while their empire burned? 

I left Archie at the bar and plunged back into the crowd. This time, I was just looking for anyone who appeared sober or sensible. I needed a frame of reference, to vindicate my instinct that everyone else’s reaction was wrong. 

I remembered hearing whispers of strange people who came to events like these to actually talk about business: to debate the goings-on of the industry, exchange contact details and build a web of useful connections. I realised in my desperation that this was exactly the type of person I needed now. Unconscionably, and in a sign that things really had gone to shit, I began to seek out that creature I had always shunned. The semi-mythical being I had pushed from my mind so many times. The Networker. 

Soon enough, I spotted someone who seemed to fit the bill. With a bottle of mineral water in one hand and a deck of business cards in the other, this guy looked the right type to provide a sound take on the market turmoil. 

‘Tim!’ revealed the name tag stuck to his lapel. And, indeed, Tim needed no prompting; as soon as I drifted into earshot, he launched into a lecture on the state of the gaming industry. He described, in an effortless monologue, how he was going to use blockchain technology to ‘disrupt legacy business practices’, ‘return gaming to the gamers’ and accomplish a number of other meaningless clichés. 

‘That’s great,’ I said, when I understood he had finished. ‘And tell me, Tim, what do you make of what’s happening in the markets?’ 

‘What do you mean?’ ‘The crash! Do you think this might be it for the industry? And how bad do you think the contagion is going to be?’ 

Tim said nothing. He merely stared with an expression as still and flavourless as his mineral water. 

‘I haven’t heard anything about a market crash,’ he eventually said. ‘Or, uh … contagion?’ His expression changed, so that he was now looking at me like you might regard a person shouting at themselves on the Tube. 

Luckily, though, I didn’t need an excuse to extricate myself from Tim. Just before I could make something up about checking in with our events team, the music died all throughout the bar. An alien silence enveloped the dancefloor, followed shortly by the sharp sound of silverware striking glass. It was time for the speech. 

I nodded goodbye to Tim and squeezed my way through the tangle of limbs. I was heading for the other side of the room, where I knew Archie had planned to deliver his address. After much exertion, I saw him clambering onto an empty crate of Bollinger – an improvised soapbox that seemed particularly fitting, given the night’s mood. Holding a microphone in his left hand and a half-smoked cigarette in his right, Archie was clearly in a bad way. But it helped that everyone else seemed to be in a bad way too. And it also helped that one of Archie’s greatest talents was being able to chat an astonishingly articulate amount of shit, no matter the state he was in. 

Archie raised the microphone to his lips. He took a second to compose himself, and said, ‘Thank you all for coming!’ 

The crowd cheered. Glasses were raised, and drinks were sloshed. 

‘Thankfully,’ continued Archie, ‘only one person got their phone out tonight to try to show me a price chart. And what I saw on the screen scared me, I won’t lie.’ 

I took a breath. Here it comes, I thought. 

‘Yeah, I was very concerned that there wasn’t a single green dildo in sight. Plenty of big red ones though!’ 

The crowd burst into laughter, and I shook my head. For some context, in the world of trading, the movement of asset prices on charts is depicted with a series of ‘candlesticks’. These charts look a bit like your typical bar graph, except each solid bar has a ‘wick’ at the top and/or bottom. The purpose of the wick is to show the high and low extremes the asset has traded at each day. When the price moves up, the candlestick turns green, and red when it trades down. Crypto bros, having the mental maturity of prepubescent kids, refer to these bars as either ‘red dildos’ or ‘green dildos’, even though it would take a herculean stretch of the imagination for them to look even vaguely phallic. 

‘Jokes aside,’ said Archie, his voice taking on a more sober edge as he found his rhythm, ‘I want to congratulate each and every person in this room tonight. We’re making generational change. I’ve been in crypto for a decade, and I’ve seen a lot of people come and go. It’s the people who keep their heads down and build who get through the tough times. Make no mistake, crypto is going to bounce back bigger and better than ever before. Thank you, and thank you all for coming!’ 

Archie raised his microphone triumphantly into the air, accepting the applause of the crowd, before clambering down from the soapbox. As soon as I saw him handing the mic to the next speaker, I made my way towards the exit. I had stuck around for Archie’s speech out of a sense of duty to my co-founder, but there was no chance I was going to participate in this extracurricular circle-jerk for a second longer than I had to. 

I slipped from the bar and returned to the bracing November air. With red candlesticks burning behind my eyes, I ordered a cab, relishing the prospect of bringing this night to its long-overdue close. 

In itself, the general farce and idiocy on display that night in Canary Wharf was nothing out of the ordinary. On the surface, it was a typical Wednesday night affair in the London crypto scene. But what dragged the egregious evening down to the level of downright degeneracy was the timing of it all. The party took place on the same night that FTX collapsed. 

Prior to its fall, FTX was one of the most prominent cryptocurrency exchanges in the industry. Exchanges are essentially trading platforms that allow users to make bets on whether the prices of crypto assets will rise or fall. Or, at least, that’s what they used to be. 

Over the years, some exchanges – including FTX – have made astronomical sums of money. And, in some cases, the meteoric rise of these crypto exchanges has brought out the latent megalomania of their founders. And then, somewhere along the road, some of these founders convinced themselves that their companies were actually more like banks than exchanges. FTX was one such crypto exchange that started acting like a quasi-bank (when they were not simply buying banks outright to skirt local licensing laws, that is). 

In recent years, a familiar playbook has emerged. As the C-suite gets high off its own fumes, the mega-exchanges start to create and issue currencies like they’re going out of fashion. At the same time, they roll out every financial service under the sun – from capital lending to the provision of credit cards and savings accounts – and even start trading the market like hedge funds. With so many fingers in so many pies, the exchanges afford themselves ample opportunity to commit financial misdeeds. Combine this with a non-existent regulatory framework (much of crypto remains, even to this day, wholly unregulated) and we arrive at what a financial journalist struggling for originality might well term a perfect storm of corruption. 

And, indeed, the crimes and corruptions of FTX were truly immense, in both scale and quantity. The charge sheet against Sam Bankman-Fried (the disgraced former CEO of the company) was so encyclopaedic that it would’ve made Bernie Madoff wince. It ranged from fraud, money laundering and embezzlement to more ambitious and specialist crimes like making illicit political donations. His crimes were so extensive that prosecutors even had to drop some of the charges, as otherwise it simply would’ve taken too many years to process all the evidence. And on 2 November 2023 he was found guilty of all the counts brought against him. At the time of writing he’s awaiting sentencing and is facing over a century in prison. 

It’s no exaggeration, then, to say that the case of FTX is one of the grossest and gravest cases of fraud in the twenty-first century, if not the entire history of finance. Not only was a $36 billion company wiped out overnight, but billions of dollars of customer funds, which were being stored on the exchange, were lost. And that’s not to mention the knock-on effects that reverberated through the space; investor confidence descended into a death spiral, causing the value of other assets, like bitcoin, to plunge. Some estimate that as much as $200 billion in value was wiped off the market over the course of just a few days. 

And yet, for those who came to our event on the night of the grand crypto collapse, it was as if none of this was happening. These were supposed to be the most engaged and invested participants in the crypto industry – the inner circle of the ultimate insider’s game. While this indifference may seem shocking to those on the outside, it can be easily explained: for many of them, the events that came to light that evening were par for the course. Just another day in the office. Just another fraud that got found out. 

These were people who had built their careers and made their living from fraud. It was a core component of their business model. In the pursuit of ever more obscene wealth, they had become desensitised to malpractice and acclimatised to corruption, to the point where they regarded it as a banality – an expediency, even an inevitability. 

Crypto founders and industry insiders have been getting away with all this for far too long. It’s time their sordid story was brought to light – the full story, with all the gory details. One that is so ludicrous, so fraught with absurdity, about a con so large in scale and so cleverly masked and so convincingly abjured, that it simply has to be told. 

But, in order to tell that story, I first need to tell my own. It’s the story of a player on the inside who became so blinded by greed that he didn’t even realise he had lost his way until it was almost too late.

1. Slowly, then Suddenly 

‘So, Miles, how’s everything with you? You’ve been quiet this evening. Everything okay with that digital coin thing you’re working on?’ 

Miles glanced up from the phone he had been glued to all through dinner. His cheeks were flushed, either from awkwardness or from the heat, or both. It was a particularly warm night in August 2020. Back in those days, I was working as a PR consultant. A spinner for a large transatlantic agency, massaging the public perception of hedge funds and asset managers. The kind of firms that make billions on oil investments, and then bring people like me in to drum up press coverage for their CEO’s keynote speech at a climate conference. 

That night, I was at a dinner party hosted by my old university friend Eliza, to celebrate her new job. We were all quite surprised that Miles had joined us. He was another friend of ours from university, but we hadn’t seen him much in the years since we graduated. And, in fact, we didn’t see him much when we were at uni either; he was a maths undergrad, who shunned nightclubs and student bars in preference to staying in on the weekends and studying the financial markets. He thought his flair for numbers gave him an edge, which he could use to make his fortune. 

‘Yeah, no, I’m all good, thanks,’ came Miles’s reply. ‘Things are ticking along well with the crypto. Me and my cousin have just brought a head of branding on board, to design our white paper and stuff.’ 

Miles had been an early bitcoin evangelist. Along with an older cousin of his, he began buying it when we were students in 2016. Despite his usually reserved disposition, he was never shy when it came to talking about money. He would seize every opportunity that came his way to tell us just how much bitcoin he was holding. When the price was hovering around the $800 mark, he and his cousin had tens of thousands of pounds’ worth of it. 

We all thought he was crazy. We thought the bitcoin thing was just a fad, and that he should cash out while he was ahead. That is, until bitcoin crossed the $10,000 threshold later that year. Miles was quick to inform us he had made over 1,000 per cent profit, and his bitcoin position was now worth more than a quarter of a million. At this point, he became something of a campus celebrity. The contemptuous amusement previously felt towards his bitcoin fanaticism quickly morphed into envy. And I felt the envy more than most. Miles had been exhorting me to get involved in his operation from the start, but I hadn’t taken his advice. 

From then until the time of the dinner party, it had always been a bitter source of regret, and the cause of many sleepless nights spent imagining what I could have done with the small fortune I’d turned down. 

As soon as he made the comment about his crypto project going well, I sat bolt upright in my seat. And I wasn’t alone in wanting to hear more; the conversations in his vicinity ground to a halt, heads turned his way, and he suddenly found himself with half a dozen pairs of eyes staring at him. 

‘Oh, right,’ came the response from the girl sitting opposite him. Miles looked uncomfortable, and a bit apprehensive. He could sense the impending cross-examination. ‘I didn’t know you were into crypto. I thought bitcoin crashed and died a few years ago?’ 

‘It crashed, but it didn’t die. It nearly topped $19,000 at the end of 2017, but then dropped back down to around 3,000 within a year or so. Things were pretty slow for a while after that, but we’re back above ten K now.’ 

Miles had barely finished speaking when the next question came from someone two seats down: ‘And what do you mean you’ve just hired a head of branding? How can you be hiring anyone? I thought you were just investing?’ 

‘We were investing back at uni, but we’re launching our own crypto project now. We’ve been fundraising and need to bring more people on board.’ 

‘And what the fuck is a white paper?’ 

‘Umm, well it’s kind of like a document, which just explains what a crypto project does, and what benefits the token has. The bitcoin white paper set the precedent for this and was a document of great elegan—’ 

‘Right. Got it. Cool.’ After the initial wave of curiosity, the crowd seemed to quickly lose interest. Their previous conversations were resumed, and Miles went back to scrolling through his phone. My interest, on the other hand, had intensified. I was surprised to learn that Miles was still into crypto, and not just investing, but running what sounded like a proper company. I resolved to find out more. 

I stood up and extricated Miles from the frivolous chatter taking place around the table, steering us to a quieter corner of the fat. He didn’t need much encouragement to tell me more about his project and the broader state of the crypto industry. While he foundered somewhat in social situations, he relished talking shop. 

He started to explain that the crypto markets were undergoing a substantial uptick. He said that the $12,000 mark was in sight for bitcoin and reckoned it would only be a matter of time before a new all-time high was set. And it wasn’t just bitcoin that was flourishing: there was a slew of new projects entering the market. Every week, dozens of tokens were being launched. Their prices were skyrocketing, as speculators who hadn’t bought bitcoin early enough were now snapping up other tokens to get some skin in the game. 

This was a renaissance period for crypto, after the 2018 slump. Commentators were calling it the ‘DeFi Summer’, with ‘DeFi’ being an abbreviation of decentralised finance. And Miles was getting in on the action. He was setting about founding his own DeFi project, called Portent Protocol. 

He explained that Portent Protocol would be composed of two elements: a platform and a token. This is the typical project set up in the industry. All the money in crypto lies in launching tokens onto the market, so there’s often little incentive to launch a platform without an accompanying token. And, conversely, there’s an abundance of incentive to launch a token without the inconvenience of having to build a platform. 

Portent Protocol, I learned, would essentially be a gambling platform, enabling users to bet on the future price of bitcoin. Unlike other trading or betting platforms, however, Portent wouldn’t make users pay if they made a bad bet. Users would simply state how much money they wanted to gamble, input their price prediction, and wait the given amount of time to see the outcome. If their bet was right, they would win a payout. And, if it was wrong, then they would get their initial stake back, fully intact and undiminished. Miles thought he had invented risk-free gambling and discovered a source of free money for all. 

Of course it sounded too good to be true. However, Miles quickly reassured me that his project was the exception to the otherwise immutable saying around propositions of this nature. He told me that, after launch, a large amount of tokens would be set aside to pay out the betting rewards. This, combined with a small usage fee that users would pay to place their bets, would more than cover the amount needed to pay winning gamblers. It wasn’t until much later that I discovered this to be a totally implausible business model. One that would ultimately bring about the downfall of the project. However, for now, it sufficed to dismiss any doubts I had. 

Miles then went on to inform me that the platform – and its fanciful logistics – weren’t his priority at the time. The token was. And the token had to be launched, he asserted, before the platform could be launched or even built. He cited a number of compelling reasons for this, chief among them being that people would not be able to use the platform without the token. It was only through buying and holding the Portent token – called TENT – that users could access this economic fairy tale of a gambling site. 

I didn’t question Miles any further on this point. I didn’t cast any doubts on the necessity of launching a token. Nor did I put forward any counter arguments (for example, that his platform would work just as well if a token wasn’t used to access it, with bettors just gambling their funds directly). I simply marvelled at the entrepreneurship of it all, impressed to think of a 25-year-old peer as a ‘founder’ of anything, let alone something as esoteric and explosive as a cryptocurrency. 

After I lathered the praise on thick, Miles carried on justifying his project and the practices of the industry in general. He started to talk at length about why crypto tokens are launched, explaining that tokens typically serve two functions: ‘access’ and ‘governance’. The former of these he had already covered with the spurious argument around needing tokens to use platforms, thereby lending the tokens a facade of utility and drumming up demand for people to buy them. The question of ‘governance’ is slightly more nuanced. But while it may appear more convincing on the surface, at heart this concept is just as fundamentally flawed. 

Essentially, ‘governance’ means decision making. Token holders, in many projects, are given the right to vote on decisions affecting the project in question. As a user, your voting power is often proportionate to the number of tokens you hold. These voting rights cover all manner of sins and allow for a wide range of management decisions to be outsourced to the community of investors. From budget allocation to developer priorities and even things like where the companies should be headquartered, major questions in the running of any given crypto project are often outsourced to the user base. Whatever answers are thrown up, that’s governance. 

Needless to say, this method of decision making is fraught with problems. To put it plainly, the system is just too easy to exploit. Anyone of a morally reprehensible inclination can take advantage of a shoddy governance structure. And nowhere was this displayed more brazenly than in the case of the Uniswap grants fiasco. 

Uniswap is the largest decentralised exchange in the crypto industry. Decentralised exchanges (or ‘DEXs’) operate in much the same way as normal exchanges, in that they enable users to swap one crypto token for another. However, the difference is DEXs have no central intermediary to the transaction, and no one can ever be stopped from using the platform. It runs by itself, following a set of pre-written algorithms that dictate how it operates. 

Uniswap was launched in 2018 and, because this is the crypto industry, the launch didn’t just consist of the DEX itself. Naturally, Uniswap launched a token too. Like all cryptocurrencies, Uniswap’s UNI coin enjoyed huge price appreciation when the markets started taking off in the DeFi summer. Thanks to this, and the often hefty fees that Uniswap charges users for the pleasure of swapping tokens without an intermediary, the company was soon sitting on a vast treasury. At its peak, Uniswap’s coffers topped $2 billion. 

At a loose end as to what to do with all this cash, the team formed a grants fund to reward good actors within the crypto ecosystem and encourage the positive progression of its principles. Interested participants from the wider world of decentralised finance were invited to enter their own governance proposals, recommending worthy causes or organisations that deserved to be funded. Around this time, as the first submissions started rolling in, a new profile appeared on Twitter. Here was an account calling itself the ‘DeFi Education Fund’. Nobody had ever heard of this group before but, as the bio explained: ‘We do policy and advocacy work to help DeFi flourish.’ 

The DeFi Education Fund profile was created in June 2021. Within a month or so, this so-called ‘Education Fund’ had entered a governance proposal suggesting that they be allocated $20 million from the Uniswap treasury. The proposal said they wanted the money to help facilitate their grand ambitions of brightening the future and broadening the horizons of decentralised finance, onboarding a billion users into DeFi, saving the world, etc. 

For the wider community, this was quite disconcerting, given the Education Fund’s opaque origins and less-than-clear mission statement. However, the Education Fund quickly reassured the community by highlighting a pledge they had made within their proposal. These funds, they affirmed, would be allocated gradually over a period of four to five years, with all spending decisions explained and justified in full on their social media channels. The crypto community, the wider DeFi ecosystem and fellow UNI token holders had nothing to fear: these guys had promised, as a condition of receiving the grant itself, that they were in it for the long term. 

These entreaties had the desired effect: UNI token holders used their governance rights to vote the proposal through. The Education Fund received $20 million in UNI tokens. And, two days later, they sold $10 million worth of them. 

From then until now, next to nothing has been done with the proceeds. Their social media profile is still active and posts regularly, but the Education Fund has given no indication that it has engaged in any educational initiatives whatsoever. For all we know, these self-professed proponents of decentralised pedagogy have sailed off into the sunset, and their Twitter account is being run by an intern whom they occasionally check in on between barbecues and bouts of maniacal movie-villain laughter.* 

However, when Miles was giving his project the hard sell at that fateful dinner party, none of this was known to me. It only became apparent later, as I waded deeper through the quagmire of crypto. Miles, for his part, may have known that such practices existed within the industry. But, if he did, he made no effort to disclose them to me that night. Instead, he decided to succinctly sum up the prevailing state of the industry with the eloquent exclamation: ‘There’s absolute shit out there sitting at a $40 million market cap. There’s a fucking fortune to be made.’ 

And, with this, Miles had me. I was wrapped around his little finger. He could’ve played me like a fiddle, and all I would’ve said was a simple and sincere, ‘Thank you for the opportunity.’ We spoke into the small hours of the morning, and I took my leave long after the sun had risen, the light ushering in a new dawn for my career. I knew that, one way or another, I had to get involved with the operation Miles was running. 

If there really was a fucking fortune to be made, I wanted in.

*In April 2024, Hayden Adams, the founder of Uniswap, got drawn into defending the Education Fund against criticism being levied against it on Twitter, and highlighted some of the initiatives the group had been busy with over the years. These amounted to three amicus briefs (essentially just informative documents fled to a court on behalf of a party involved in a lawsuit), a letter commenting on an SEC proposal, and, bizarrely, a lawsuit the Fund fled against the SEC in conjunction with a small Texan leather-goods startup. All of that in a mere three years and with a paltry $20 million at their disposal. Nice work if you can get it …

Don’t miss Jake’s guest post on Consensys’ lawsuit against the SEC!

What Makes a Good Lawyer?

How can you know what makes a good lawyer If you’ve never hired one before? It can be a tricky situation, but don’t worry—we’ve gathered insights from experienced attorneys to help you understand what to look for.

When it comes to finding the right lawyer, it’s about more than just expertise. A good lawyer knows the law, but they also listen carefully, communicate clearly, and act with integrity.

Whether you’re dealing with a major legal issue like a court case or just need some advice, the right lawyer can have a significant impact on the outcome. Let’s dive into the qualities that make a lawyer truly great and how these traits benefit their clients.

Understanding Client Goals

A great lawyer looks beyond just legal details—they understand the bigger picture. As former federal prosecutor Renato Mariotti puts it, “A good lawyer understands their client’s goals and focuses on finding a practical and efficient way to achieve those goals, rather than getting stuck on winning specific legal points.”

While knowledge of the law is important, the best lawyers take the time to understand what their client really wants.

Whether it’s resolving a dispute quickly, reducing risks, or securing long-term benefits, they provide practical solutions. Instead of getting caught up in unnecessary battles, great lawyers focus on what truly matters: delivering results that satisfy the client, not just winning in court.

Listening and Communication

An essential quality of a great lawyer is their ability to listen and communicate effectively. A retired California lawyer and former Fortune 500 general counsel, emphasizes, “They must be a good listener, skilled at sorting relevant facts, and excellent at explaining their position to clients, opposing counsel, a jury, and the court.”

The best lawyers really listen to understand their clients’ concerns. They’re also strong communicators, clearly presenting their ideas and arguments.

Whether negotiating a settlement, explaining complex legal matters, or presenting a case in court, a great lawyer knows how to make things understandable for everyone involved.

Attention to Detail

Listening and communication are key, but attention to detail is just as important. Timothy Duncan, JD, CFA, former Head of Technology for the CFPB, puts it simply: “Paranoia, obsession with detail, and constant fear of getting it wrong—all of which lead to poor life outcomes.”

In law, even small mistakes can have big consequences. The best lawyers are incredibly thorough, often double-checking their work to avoid errors.

Whether reviewing contracts or preparing for a court case, attention to detail can make the difference between winning and losing.

The Triple Threat

There’s a certain quality that separates the great from the good. Daren H. Firestone, a former federal prosecutor and White House attorney specializing in crypto whistleblower cases, sums it up: “One part drive, one part intelligence, and one part creativity.”

Here’s why: Drive means a lawyer is dedicated to fighting for their client’s best interests, even in tough situations. Intelligence helps them navigate complicated legal issues and strategize effectively. Creativity allows them to come up with unique solutions to complex problems.

This combination of determination, smarts, and innovative thinking is what makes a lawyer truly exceptional.

Conclusion

Being a good lawyer goes beyond simply knowing the law. The best lawyers are those who understand their clients’ needs, communicate clearly, pay attention to every detail, and blend drive, intelligence, and creativity.

Whether you’re tackling a challenging legal issue or just seeking advice, finding a lawyer with these qualities can make all the difference in achieving the outcome you need.

Curious about the recent wave of crypto pardons? Discover the key details and implications in our latest post, “Pardon Me?“.

Now that you know what makes a good lawyer, learn how to hire a lawyer in 5 easy steps!

Pardon Me?

Pardon me, have you heard about all the recent crypto-related presidential pardons?

A presidential pardon is a significant authority granted to the President of the United States by the U.S. Constitution, allowing for the forgiveness of federal crimes. Once issued, a pardon can’t be overturned. Not by Congress. Not by the courts. 

Historical Context of Pardons

Controversial pardons aren’t a new thing. In 1974, President Gerald Ford pardoned former President Richard Nixon after the Watergate scandal. Some people thought it helped the country move on, while others believed it let him escape punishment.

In 2001, President Bill Clinton pardoned financier Marc Rich, who had left the U.S. to avoid charges like tax evasion and illegal trading. That decision was criticized by people who questioned whether it was fair and whether the pardon process was being used properly.

Recent Crypto Industry Pardons

In 2025, President Donald Trump pardoned several figures from the cryptocurrency industry who had been convicted of violating U.S. financial laws, including:

  • Arthur Hayes (BitMEX): As CEO and co-founder of BitMEX, Hayes pleaded guilty in 2022 to violating the Bank Secrecy Act (BSA) by failing to implement an adequate anti-money laundering (AML) program at the exchange. He received a sentence that included six months of home confinement, two years of probation, and a $10 million fine. President Trump granted him a full pardon on March 28, 2025.
  • Benjamin Delo (BitMEX): Also a co-founder of BitMEX, Delo faced similar charges and, in 2022, pleaded guilty to BSA violations due to the company’s insufficient AML protocols. His sentence comprised 30 months of probation and a $10 million penalty. He was pardoned on March 28, 2025.
  • Samuel Reed (BitMEX): Serving as BitMEX’s Chief Technology Officer, Reed admitted in 2022 to BSA violations related to the platform’s AML deficiencies. He was sentenced to 18 months of home detention, two years of probation, and a $10 million fine. President Trump issued his pardon on March 28, 2025.
  • Gregory Dwyer (BitMEX): As Head of Business Development for BitMEX, Dwyer pleaded guilty to BSA violations and was sentenced to one year of home detention and a $1.5 million fine. He received clemency on March 28, 2025.
  • Ross Ulbricht (Founder, Silk Road): Founder of the Silk Road online marketplace, Ulbricht was convicted in 2015 on multiple (and all) charges, including conspiracy to commit money laundering, computer hacking, and narcotics trafficking, resulting in a life sentence without parole. President Trump granted him a full pardon on January 21, 2025.
  • Trevor Milton: Founder of Nikola Corporation, Milton was convicted of securities fraud for misleading investors about the company’s technological capabilities. He was sentenced to four years in prison and ordered to repay investors. President Trump pardoned him on March 28, 2025. 

In August, The New York Times reported that Changpeng “CZ” Zhao, the former CEO of Binance, was also seeking a presidential pardon. 

2025 Cryptocurrency Policy Shifts

There have also been notable changes in the U.S. government’s approach to cryptocurrency regulation:

Tornado Cash Sanctions Lifted

On March 21, 2025, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) officially removed sanctions against Tornado Cash, a decentralized tool used to mix cryptocurrency. The decision came after a federal appeals court ruled that the Treasury went beyond its legal powers when it originally imposed the sanctions.

National Cryptocurrency Enforcement Team (NCET) Disbanded

The U.S. Department of Justice announced the dissolution of the NCET on April 8, 2025. This decision reflects a strategic shift to focus on prosecuting individuals who use digital assets for serious crimes, such as terrorism and human trafficking, rather than pursuing regulatory violations in the cryptocurrency space.

Securities and Exchange Commission (SEC) Enforcement Changes

The SEC has recently dismissed or paused several high-profile cases involving cryptocurrency firms, indicating a move towards regulatory clarity and collaboration with the digital asset industry. Notable changes to ongoing activities include:

SEC Ends Coinbase Action

On February 27, 2025, the SEC and Coinbase agreed to end the ongoing lawsuit, officially dismissing the case.

Ripple Labs

On March 19, 2025, Ripple Labs shared that the SEC dropped its appeal in the XRP case, bringing the legal battle to a close.

Kraken

In March 2025, the SEC decided to withdraw its lawsuit against Kraken, which had accused the exchange of operating without proper registration.

Gemini

The SEC and Gemini asked for a 60-day pause in their legal case to try and reach a settlement over the Gemini Earn program.

Uniswap Labs

The SEC closed its investigation into Uniswap Labs without pursuing enforcement action, as announced in February 2025.

Robinhood Crypto

Robinhood announced in February 2025 that the SEC’s Enforcement Division had closed its investigation into the company’s crypto arm without pursuing enforcement action. 

Consensys

Consensys reached an agreement in principle with the SEC, leading to the withdrawal of the enforcement case related to its MetaMask wallet.

So What?

The government is easing up on enforcing rules, letting some well-known people in the crypto world off the hook, and pulling back from strict oversight. This marks a big change in how the U.S. handles cryptocurrency and virtual assets.

This shift raises big questions:

  • In a world where money moves without a central bank, how will crimes be caught and punished? Said differently, who will enforce the rule of law?
  • What protections will keep people, markets, and the country safe?
  • Is the U.S. giving up the safeguards it created after the Great Depression to stop another financial disaster?

We’re watching these answers play out right now—and they could shape the future of money, security, and personal freedoms.

Want to keep learning? There are five things you need to know about crypto scam centers

What Caring Parents Should Know About Crypto

Here’s a scenario many parents might recognize.

It begins with a simple ping — a notification from a friend, a viral video, or a trending post that says, “Buy this coin. It’s going to the moon.”

At first, it seems harmless. Maybe even exciting. Your child is spending time on their phone — not just scrolling aimlessly, but digging into charts, following crypto influencers, joining online communities. They’re engaged. Focused. Maybe even making a bit of money. You think, Hey, at least they’re learning about finance.

But gradually, the mood shifts.

They’re up at odd hours watching price swings. They seem on edge — elated one day, anxious or irritable the next. Conversations about school or friends fade. They become secretive or start asking for money, saying it’s “just a quick investment opportunity.”

And now, you’re left wondering: Is this just part of growing up in a digital world—or is something deeper going on?

The Appeal and the Risks

Smartphones have made investing more accessible than ever before. With just a few taps on a screen, anyone—even a teenager—can open an account, buy and sell cryptocurrency, and track markets in real time. For a curious or ambitious young person, this level of access is both empowering and enticing.

Crypto isn’t just about digital money; it represents a thrilling mix of cutting-edge technology, the promise of fast profits, a sense of independence from traditional systems, and the adrenaline rush of high-stakes risk. It’s finance reimagined—and for some, it’s hard to resist.

This isn’t a niche hobby anymore:

  • Coinbase has over 100 million users worldwide
  • The total cryptocurrency market is valued at more than $3 trillion (May 2025)
  • 17% of American adults have engaged in crypto trading

The highest levels of participation? Men under 50—a demographic that overlaps closely with those most vulnerable to gambling-related issues.

Crypto and Gambling: Where the Lines Blur

Why compare crypto trading to gambling? Because the behaviors can look remarkably similar.

According to the American Psychiatric Association, gambling disorder is a diagnosable condition marked by repeated, problematic behavior that leads to serious consequences. Trading crypto can mimic this pattern:

  • Volatility: Crypto prices can change rapidly, creating emotional highs and lows
  • Speculation: Many decisions are based on tips or hype, not research
  • Risk-taking: The potential for massive gains can encourage reckless investment
  • Addiction-like behavior: Constant monitoring, chasing losses, and obsessing over the next big win

    Warning Signs for Parents to Watch For

    If you’re worried that your child may be engaging in risky or harmful crypto trading behavior, you’re not alone—and your concerns are valid. While curiosity and learning are a normal part of growing up, certain patterns can suggest that a healthy interest in cryptocurrency is becoming an unhealthy fixation.

    Here are some signs to watch for, along with what they might look like in everyday life:

    • Obsessive Focus on Crypto: Is your child constantly glued to their phone or computer, refreshing price charts, reading crypto news, or talking about coins you’ve never heard of? A deep dive into a new interest can be great—but when it dominates their time and attention at the expense of everything else, it may be cause for concern.

    • Emotional Ups and Downs: Sudden mood swings—excitement one moment, irritability or withdrawal the next—can be tied to the highs and lows of the crypto market. If your child seems unusually affected by market trends or news, it might be more than just passing interest.

    • Financial Strain or Secrecy: Have they started asking for money, selling personal items, or suddenly stopped talking about where their allowance or income is going? Sudden financial stress, or unusual secrecy about money, can indicate they’ve experienced losses—or are trying to chase them.

    • Neglecting Responsibilities: Take note if grades are slipping, they’re missing work or extracurriculars, or they’re pulling away from family and friends. A growing preoccupation with crypto can start to crowd out the things that used to matter most.

    • Isolation and Secrecy: Are they shutting down conversations, closing tabs when you walk by, or avoiding social activities? While privacy is natural for teens, a sudden shift in behavior—especially combined with other signs—can signal something deeper.

    • Impulsive or Risky Decisions: Trading based on rumors, meme hype, or influencer tips without understanding the risks is a red flag. If your child is making snap decisions without considering the consequences, especially with money, it’s worth addressing.

    Every young person is different, and not every sign means there’s a problem. But when these behaviors begin to add up—or significantly impact their well-being—it might be time to start a conversation.

    How Parents Can Help

    The most important thing you can offer your child in this situation is empathy.

    Approaching them with understanding, rather than judgment, sets the stage for honest and constructive communication. Avoid accusations, ultimatums, or harsh criticism—these often lead to defensiveness and shut down the very conversations that need to happen. Instead, try to open a genuine dialogue. Let them know your concern comes from a place of love, not control. Ask open-ended questions, listen without interrupting, and resist the urge to shame, scold, or lecture.

    Sometimes, just knowing that someone is willing to listen without judgment can be the first step toward healing.

    If someone you care about is acting in a way that seems out of control, stressful, or harmful to themselves or others—like spending too much money, cutting people off, or seeming emotionally overwhelmed—it might be a good time to gently suggest they talk to a mental health professional. Try to find someone who understands things like tech addiction or the effects of online life, since they’ll be more familiar with what’s going on.

    This is not medical advice—just general information. If you’re worried about someone, it’s always best to consult a qualified mental health provider.

    Psychology Today offers a powerful therapist directory tool that makes it easy to search for licensed professionals based on location, specialty, insurance, and therapeutic approach—helping you and your child find the right support, faster.

    You’re Not Alone

    It’s not easy for parents in the digital age. New trends, platforms, and risks emerge faster than ever. But your concern is valid, and your support can make a lasting difference.

    If you suspect your child is struggling, trust your instincts, reach out for help, and know that recovery and support are always possible.

    This article is for general informational purposes and is not a substitute for professional medical advice. Always consult a qualified healthcare provider regarding mental or behavioral health concerns. In an emergency, call 911.

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