The US
The change was announced in a memo that Deputy Attorney General
Blanche said the reforms are intended to move the Justice Department away from investigating and prosecuting crypto-related activities that fall under the purview of regulators.
“The Department of Justice is not a digital assets regulator,” Blanche wrote in the memo. “However, the prior administration used the Justice Department to pursue a reckless strategy of regulation by prosecution, which was ill-conceived and poorly executed.”
As part of the changes, the National Cryptocurrency Enforcement Team has been disbanded. The department also plans to close existing cryptocurrency investigations that don’t align with the administration’s priorities, Blanche wrote.
“Specifically the department will no longer target virtual currency exchanges, mixing and tumbling services and offline wallets for the acts of their end users or unwitting violations of regulations — except to the extent the investigation is consistent with the priorities” of the administration, according to the memo.
The memo also directs prosecutors to pursue cases that involve investors being defrauded. The kinds of investigations that prosecutors will prioritize involve stealing or misappropriating money on exchanges, digital asset investment scams and hacking attacks against exchanges.
The department also will prioritize cases involving the use of digital assets to enable crimes by drug cartels, transnational criminal organizations, terrorist financing and human smuggling.
The Justice Department said it will no longer bring cases involving unintentional violations of the Bank Secrecy Act, that contain unregistered broker dealer violations and other registry requirements under the Commodity Exchange Act.
Fortune reported earlier on the memo.
In a letter dated Apr. 7, digital-asset executives including
“The Biden DOJ’s approach raises concerns about the rule of law, and chills innovation,” they wrote in the letter, which was addressed to White House AI and crypto czar
The letter was issued under the letterhead of the DeFi Education Fund, an advocacy group that lobbies on behalf of the decentralized finance industry.
“We are heartened to see that the DOJ announced it is redirecting resources to prosecuting the bad actors who are actually culpable for misuse of technology rather than the builders of our financial future,” the group’s Executive Director and Chief Legal Officer
Kraken declined to comment. Representatives for Coinbase and Gemini did not immediately return requests for comment.
“This issue is foundational for the crypto industry,” the chief legal officer at Paradigm, Katie Biber, said. “Developers should not be sent to prison for building neutral tools. Laws have to mean what they say, not what prosecutors wish they said. We are thrilled to see progress on this issue and look forward to further positive momentum.”
The White House did not immediately return a request for comment.
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(Updates with details on the letter sent by crypto executives starting in the eleventh paragraph, and a comment from Paradigm in the sixteenth paragraph.)
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Misyrlena Egkolfopoulou, stacy-marie ishmael
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