An Industry of Terror and Crime: How Terrorists and Criminals Use Crypto Cloaking Devices to Evade Detection
Crypto crime has many faces: Hamas terrorists, Chinese fentanyl distributors, the ayatollahs of Iran and other bad actors. Panicked that terrorists’ embrace of crypto may lead to tighter rules, the crypto industry has raced to protect its earnings. It has hired lobbyists to argue that crypto shouldn’t be subject to the anti-money-laundering guardrails that help keep traditional payment systems safe and to claim that regulating crypto would push more transactions offshore. The crypto industry says it will police itself. But that won’t work.
wsj.com/articles/cryptocurre…
Just consider the use of mixers, tumblers or other tools to conceal the origin/location of his bitcoin (he used a popcorn tin and a blanket instead), which are now commonly part-and-parcel to crypto-money laundering, ransomware attacks, terrorism, sanctions evasion, drug dealing and so many other crypto-crimes.
home.treasury.gov/news/press…;
analyticsinsight.net/top-10-…
Indeed, according to the US Department of Justice (DOJ), mixers and tumblers are designed specifically to conceal or disguise the nature, the location, the source, the ownership, or the control’ of a financial transaction. Along these lines, an Ohio man pleaded guilty to a money laundering conspiracy arising from his operation of Helix, a Darknet-based cryptocurrency laundering service. According to court documents, Larry Dean Harmon, 38, of Akron, admitted that he operated Helix from 2014 to 2017. Helix functioned as a bitcoin mixer/tumbler, allowing customers, for a fee, to send bitcoin to designated recipients in a manner that was designed to conceal the source or owner of the bitcoin. Helix was linked to and associated with “Grams,” a Darknet search engine also run by Harmon. Harmon advertised Helix to customers on the Darknet to conceal transactions from law enforcement.
justice.gov/opa/pr/ohio-resi…
Along these lines, the U.S. Department of Treasury has imposed sanctions on crypto mixing service Tornado Cash, which has been used to launder over $7B worth of crypto since 2019.
home.treasury.gov/news/press…
Tornado cash is a virtual currency mixer that operates on the Ethereum blockchain and indiscriminately facilitates anonymous transactions by obfuscating, their origin, destination, and counter parties, with no attempt to determine their origin. Tornado receives a variety of transactions and mixes them together before transmitting them to their individual recipients. According to DOJ, while the purported purpose is to increase privacy, mixers, like Tornado, are commonly used by illicit actors to launder funds, especially those stolen during significant heists.
Despite their obvious benefit for criminals and detriment to society, using mixers, tumblers and other money laundering applications is not necessarily illegal -- and have enlisted a growing cadre of deep pockets to push back on governmental prohibition and prosecutions. Along these lines, the Big Crypto cartel of Coin Center has filed a lawsuit against OFAC, alleging it does not have the authority to impose sanctions on Tornado Cash. It has been joined by crypto investor David Hoffman, software developer Patrick O’Sullivan, and “John Doe”, who was described in the filing as a human-rights activist who has been donating crypto to Ukraine, claiming OFAC's actions were unconstitutional and violated the First Amendment right to free speech.
ft.com/content/6fa2d05f-26ff…
Not surprisingly, Coinbase Global also financed a civil suit to ask a Texas judge to force the Treasury Department to reverse sanctions against the Tornado Cash platform. The suit includes arguments similar to Coin Center’s.
wsj.com/articles/removing-sa…;
bloomberg.com/news/articles/…
Thankfully, a federal judge denied the motion supported by crypto market participants including Coinbase Global Inc., which argued that the US Treasury Department exceeded its authority when sanctioning the coin mixing service Tornado Cash.
Specifically, in the tornado cash matter, Judge Robert Pitman of the US District Court for the Western District of Texas denied requests for summary judgment from six individuals, including two Coinbase employees, who claimed the Treasury overstepped its bounds when seeking to block financial transactions benefiting foreign terrorists.
bloomberglaw.com/public/desk…
Beyond Mixers and Tumblers
Unfortunately, crypto money laundering tools beyond mixers and tumblers continue to evolve into new and more effective iterations, continue to grow in popularity, and continue to add exponentially to the crypto-concealing toolkit, including:
Nested and Unregulated Crypto-Exchanges. The lack of U.S. regulatory oversight relating to digital asset trading platforms and the extraordinary threat to investors posed by these so-called Web3 trading services extends to money laundering. Criminals can maintain accounts with various popular crypto trading platforms, which allow customers to trade using those accounts. The nested exchange even offers immediate access to all features without KYC requirements, marketing directly to criminals. For example, per a recent CNBC report, a major way criminals in the crypto world launder money is by sending digital assets across blockchains, bypassing a centralized service that can trace and freeze transactions. They use so-called cross-chain bridges to make it happen, and the dollar amounts are getting large. One particular cross-chain bridge called RenBridge has been used to launder at least $540 million in crime-related crypto cash since 2020, according to new research from blockchain analytics firm Elliptic.
cnbc.com/2022/08/10/crypto-c…;
hub.elliptic.co/analysis/cro…
Privacy Coins (such as Monero (XMR), Zcash (ZEC) and Dash (DASH)). For instance, Monero encrypts the recipient’s address on the blockchain and generates fake addresses to obscure the real sender. It also obscures the amount of the transaction. According to the report by the U.S. Attorney General's Cyber Digital Task Force called Cryptocurrency: An Enforcement Framework released on Oct. 8, privacy coins can undermine existing AML and be used to finance terrorism.
justice.gov/archives/ag/page…
Chain-Hopping. DOJ warns that chain-hopping is “frequently used by individuals who are laundering proceeds of virtual currency thefts,” and involves swapping one’s crypto holdings for others operating on a different blockchain like Bitcoin and Ethereum. Indeed, recent research from blockchain analytics and crypto compliance firm Elliptic has revealed the extent to which cross-chain bridges and decentralized exchanges (DEXs) have removed barriers for cybercriminals. In an Oct. 4 report titled “The state of cross-chain crime,” Elliptic researchers Eray Arda Akartuna and Thibaud Madelin took a deep dive into what they described as “the new frontier of crypto laundering.” The report summarized that the free flow of capital between crypto assets is now more unhindered due to the emergence of new technologies such as bridges and DEXs. Per Elliptic, cyber-criminals have been using cross-chain bridges, DEXs and coin swaps to obfuscate at least $4 billion worth of illicit crypto proceeds since the beginning of 2020.
justice.gov/archives/ag/page…;
cointelegraph.com/news/new-f…;
elliptic.co/resources/state-…
Peer-to-Peer (P2P) crypto networks. P2P decentralized networks allow the users to exchange crypto without an exchange, where criminals used unsuspected users (money mules) to send funds to other addresses and finally to an exchange in a country with little AML standards. For example, Play-to-earn (P2E) crypto games are emerging as a popular blockchain application that brings in a high risk for scams and money laundering. P2E crypto gaming offer tokens that can be easily sold outside of gaming environments. Gamers can then sell their crypto funds earned in obscure P2E crypto games for more liquid ERC-20 tokens that run on top of Ethereum, especially stablecoins, on centralized or decentralized exchanges. Gamers then can convert their more popular tokens into the fiat currency of their choice.
gci-ccm.org/insight/2022/01/…;
coindesk.com/layer2/2022/07/…
Gambling Platforms. Crypto-gambling casinos now flourish all over the world. Criminals can use online gambling sites to send crypto from one country to a wallet address controlled by a criminal in another country. As a result, a criminal may purchase chips with crypto, conduct a few transactions and then “cash” them out to a wallet address which is controlled by the same criminal, another associate or a “nested service provider” "Or, two associates, the buyer and the seller of illegal goods both hold a gambling account with the same provider. Then, they transfer between the gambling account as a player-to-player transfer. The seller then will “cash out” the money as gambling profits, where this is the profits for selling illegal goods. Along these lines, FinCEN is watching casinos that offer sports betting and crypto payment options for potential money laundering problems.
vanderbilt.edu/jetlaw/2022/0…;
gci-ccm.org/insight/2022/01/…;
news.bloomberglaw.com/us-law…
Non-Fungible Tokens (NFTs). NFTs can be bought and sold using cryptos on specialized marketplaces. A recent study by the US Treasure Department found that the booming NFT market could be a target for money laundering and terrorist financing who want to “clean” illegally obtained funds. NFTs can be instantly transferred from one party to another without any geographical boundaries or regulatory restrictions. "For example, a criminal can generate an anonymous NFT, list in for sale on the blockchain and then purchase it from himself through an anonymous and unregulated digital wallet which contains illegal funds in another jurisdiction. The NFT could at the end be sold to an unsuspected individual who will purchase the NFT with clean funds." Money laundering allegations relating to NFTs are widespread, even nefarious allegations relating to the NBA NFT marketplace.
gci-ccm.org/insight/2022/01/…;
linkedin.com/pulse/has-nba-a…
Off-Chain. The biggest myth in crypto is that all cryptocurrency transactions are recorded on the blockchain. In fact, per AML expert Allison Jimenez, "Just a small fraction of crypto transactions are permanently, immutably, de-centrally recorded on the blockchain.” Most transactions occur off-chain, within exchanges, who keep private ledgers. Unlike on-chain transactions, off-chain crypto transactions are not instantly logged on a blockchain but are processed through secondary layers, thus creating some difficulties in being tracked. History has shown us plenty examples of 'sloppy' or fraudulent recordkeeping by crypto companies, rendering many off-chain transactions even more of a challenge. Blockchain analytic companies do not have much insight into what happens within exchanges. As the name implies, these companies analyze what happens on the blockchain. This is why after crypto companies implode from fraud or incompetence an examiner is often appointed and bankruptcy proceedings take years. As the Jimenez Report notes, “No one says, “Here’s the blockchain analytics. The job is done. Now, let’s have lunch.”
securitiesanalytics.com/frau…
DOJ and Crypto Tracing
It is axiomatic that even with the latest blockchain analytics, crypto-tracing in investigations will typically take years (even a decade) to complete. As one former DOJ prosecutor, Duke Law Professor Shane Stansbury, testified so eloquently:
"Frequently, the hardest part of a cyber-related prosecution is demonstrating what investigators sometimes refer to as “hands on the keyboard.” Digital breadcrumbs left by criminals can prove invaluable to investigators. But ultimately prosecutors must demonstrate that an identifiable person is behind the criminal activity. And in a criminal case, that identity must be established beyond a reasonable doubt. That is, of course, as it should be, but in cryptocurrency-related cases prosecutors will often have the distinctive challenge of relying on a very complex series of digital patterns and transactions to meet their burden.
That crucial connection of a criminal’s identity to their criminal conduct is one of the main challenges posed by cryptocurrency. A public blockchain can be helpful, but often it can get one only so far. Prosecutors can spend years trying to penetrate the layers of obfuscation by savvy criminals. Even if they succeed, they may still face obstacles due to the current state of the cryptocurrency market."
banking.senate.gov/imo/media…
The difficulty for law enforcement in tracing crypto is also recently highlighted in U.S. DOJ's response to President Biden's March 9, 2022, Executive Order, which called for certain U.S. government agencies to examine the risks and benefits of cryptocurrency assets and report back.
Per DOJ's response:
"Criminals continue to use cryptocurrency and other digital assets for money laundering, facilitating tax evasion, and evading sanctions. Criminals have developed increasingly sophisticated obfuscation techniques— complex and rapid transactions, “chain- hopping” by converting funds from one cryptocurrency into another, use of AECs, and other measures—designed to make tracing difficult and to place stolen funds beyond recovery. Criminals can also use mixers and tumblers, including automated services that employ smart contracts22 to combine multiple users’ coins together before sending out unrelated coins to each user’s designated recipient, to obfuscate their transactions.
These techniques are made easier by the fact that many digital asset exchanges and platforms make little or no effort to comply with anti-money laundering regulations, such as know-your-customer (KYC) requirements, or operate in jurisdictions without anti-money- laundering and countering-the-financing- of-terrorism (AML/CFT) requirements in line with the international standards."
justice.gov/ag/page/file/153…
Along the same lines, from ransomware payments demanded in cryptocurrencies to state actors using digital assets to circumvent sanctions and other restrictions, DOJ is raising the alert that crypto is expanding into every area the agency is exploring.
Acknowledging that DOJ has seen a tremendous increase in crypto related crime over the past several years, DOJ’s former director of National Cryptocurrency Enforcement Team (NCET), Eun Young Choi stated recently:
"We are seeing cryptocurrency and digital assets really touch every aspect of criminal activity we investigate . . . By its very nature the technology is built in order to not rely on intermediaries, cross-border transactions that are immutable and irreversible. Law enforcement can freeze conventional transactions, but they can’t do that with digital asset transactions."
The US General Accounting Office Report took a similar position in a recent report, explaining how the increasing use of advanced obfuscation techniques makes blockchain analysis difficult and resource intensive for US agencies:
"Criminals are getting more sophisticated and using anonymity-enhanced tools or methods to obfuscate illicit transactions when facilitating criminal activities, including human and drug trafficking."
gao.gov/assets/gao-22-105462…
Along the same lines, a panel discussion just a few weeks ago between the SEC’s current and former Crypto Unit chiefs highlighted specifically how the lack of crypto traceability makes detection of market manipulation an impossibility for any investor.
piped.video/watch?v=57OLu6mD…
The Stark Reality of Crypto, Crime and Terrorism
Blockchain's sole most prominent uses - crypto and DeFi - are not just an investor ruse and a horrific plague but even worse, crypto, DeFi and the rest of Web3 form the foundation of a nefarious tool beyond imagination.
For terrorists and criminals, the regulatory vacuum of blockchain applications like crypto, DeFi and NFTs, enable the furtive commission of perilous crimes like never before.
linkedin.com/pulse/us-financ…
Indeed investor carnage is not the only fallout caused by the global societal infection of crypto and Web3. Crypto’s dire externalities are even more devastating world-wide. Crypto has evolved into the killer app (literally) for terrorists and criminals, which is perilous for everyone everywhere.
securitiesanalytics.com/3-mi…
"Criminals world-wide have been inspired by this near-instant, clandestine way to pay and accept money to ratchet up existing crimes and invent new ones."
forbes.com/sites/davidblack/…
Despite a few law enforcement successes, the bottom line is that, at least for now, tracing crypto-transactions to catch criminals requires immense resources, years of doggedness and lots of luck – and prosecutorial success rarely happens.
My take is that, in order to win the current crypto-war, we must acknowledge and state without qualification the cold, hard truth that: For criminals who have incorporated crypto into their modus operandi, tracing their crypto transactions creates unprecedented challenges for law enforcement, regulators or anyone else.