Matt Green discusses UK crypto innovation and regulation in The Times

Posted on: April 24th, 2025 by Natasha Cox

Writing in The Times, Director and Head of Blockchain and Digital Assets, Matt Green, argues that the UK government needs to adopt a clear big picture strategy on implementing blockchain technology if it is to maintain parity with competitors.
 
Matt’s article follows a recent letter he co-signed as chair of techUK’s Blockchain and Digital Assets working group, alongside a coalition of leading UK and global trade bodies in the crypto sector to the UK government urging them to advance its digital asset and blockchain policy.

Matt’s article was published in The Times, 24 April 2025, and can be found here.

Government must urgently delivery regulatory clarity for cryptoassets

It is roughly six months since the digital assets industry called on the Labour government to provide urgent “regulatory clarity” at the party’s annual conference. The then economic secretary to the Treasury, Tulip Siddiq, responded by confirming the government’s commitment to fostering innovation in financial services, but there is little meat on the bone.

It has also been three years since the previous government’s plan to make the UK a global cryptoasset technology hub. This ambiguity serves no one.

Helpfully, the Financial Conduct Authority (FCA) has since published key dates in a ‘crypto roadmap’ that details the development of comprehensive regulatory framework for the UK. Draft legal provisions are expected soon, with a series of consultation papers examining how the future regime will work and its content – such as stronger regulation for capital, liquidity and risk management of cryptoassets – to come. The roadmap anticipates that the rules will take effect late next year.

While that is welcome, the UK needs clarity and momentum to boost investment, growth and jobs, and to avoid falling behind competitors such as Singapore, the UAE or the US in technology investment and innovation. If the government is serious about making crypto a strategic priority, it should mirror the US by appointing a crypto special envoy – President Trump has appointed David Sacks, the former senior executive at PayPal, to that role.

The UK desperately needs a comparable appointee who can drive policy alignment, assimilate industry innovation and ensure that regulation and legislation are formulated and drafted with the UK’s best interests.

Our government also needs a plan that will focus on identifying opportunities and attracting investment. These could include an incentivisation programme to attract businesses with significant potential, explore elements of public sector integration and create a competitive tax and investment landscape.

Recognising the symbiosis of blockchain, artificial intelligence and quantum computing and their potential value is vital, both for preparing future regulatory frameworks, and considering use in daily life. Ultimately, this will improve efficiency for a swathe of crucial public services. Consider how the Land Registry and Companies House could hold important documents on the blockchain to simplify and accelerate property and share transfers. Key government procurement contracts and transmission of NHS data could also be transformed. 

According to the FCA, 12 per cent of UK adults – about 7 million people – owned cryptoassets last year. In contrast, according to the most recent data, only 8 per cent of global venture capital funding went into UK firms that specialise in that field, while the US dominates with 76%.

A clear direction, guided by a singular politically and sector agnostic driver, and with clear regulatory framework, could transform the UK economy for decades to come.

 

 

Matt Green co-signs letter to UK government promoting innovation in the digital asset sector

Posted on: April 10th, 2025 by Natasha Cox

Director and Head of Blockchain and Digital Assets, Matt Green, recently co-signed a letter to the UK government alongside a coalition of leading UK and global trade bodies in the crypto digital assets sector, on behalf of techUK.

Addressed to Varun Chandra, the Prime Minister’s Special Adviser on Business & Investment, the letter cites recent geo-political events as key reasons as to why the UK should continue to advance its digital asset and blockchain policy to ensure that it becomes a premier jurisdiction for crypto investment and innovation.

Matt and his fellow signatories put forward a number of practical recommendations to the government, including the following:

  • Appointing a ‘blockchain’ special envoy to drive policy alignment and innovation
  • Developing a Government Action Plan for digital assets and blockchain technology
  • Recognising the synergy between blockchain, quantum computing, and AI
  • Establishing a high-level forum for industry-government-regulator engagement

Click here to read their letter in full.

This news was covered by CoinTelegraphBinanceDigit NewsFinextraCrypto NewsBloomingbitTron Weekly,  FX StreetTrading View and Block Weeks.

For more information on our Blockchain and Digital Assets services, click here

Crypto recovery – navigating the first 72 hours

Posted on: April 8th, 2025 by Natasha Cox

When a person goes missing, the first 72-hours are mission critical.

The same urgency applies if you have been hacked, scammed or are the victim of a theft- even more so if the loss are crypto assets. Quick and decisive action in the immediate hours will significantly mitigate the risk of those assets being obfuscated and dissipated and assist with recovery.

Crypto scammers are particularly ruthless, often deploying all manner of sophisticated tactics. From straightforward account compromises and theft with no direct interaction, to elaborate social engineering, often gaining trust through dating websites, fake investment platforms, or social media, their ultimate aim is to deprive a rightful owner of crypto assets.

Discovering that you have been the victim, regardless of the methodology used, can be emotionally draining as well as financially devastating. Clarity of thought and rational action can often give way to absentmindedness. This can lead to victims continuing to pay the bad actors, or fake recovery firms who are one and the same.

In the circumstances this is entirely understandable.

The appropriate next steps can vary depending on the specific circumstances, however our recommended action plan is detailed below and applies to most scenarios:

  1. Secure your communications

Often, particularly in cases where victims have been socially engineered, your email addresses and social media accounts will likely have been compromised as the result of the hack.

Most mainstream email providers will allow you to see a log-in history which details the IP address and location of all log-in attempts. Consider if any are unrecognisable.

If there are any suspicious log-ins, it is likely that your email address has been compromised and your communications may be monitored by the scammers. This could also impact other personal and financial accounts linked to your email, such as online shopping accounts, bank accounts and social media profiles. Credit ratings and access to future baking facilities may also be affected.

In this case, it is vital that you immediately change the password for your email, and then for all other accounts held online.

In addition, we recommend that you set up a new, secure email address immediately and avoid logging into any accounts you suspect may have compromised. You should divert any personal and critical emails to your new account, and ensure that you update your email address across your online shopping, social media and bank accounts.

It is important that you notify your bank and or cryptocurrency exchange of your new email address, which replaces the old one, and ensure to communicate that no instructions are to be taken from the old email address.

  1. Cease communications strategically

In cases where scammers have maintained prolonged contact, they may continue to reach out to you. Let them remain unaware you know this is a fraudulent scheme. If they know that you are aware, there is a heightened risk that they will take steps to obfuscate their trail and dissipate assets, which can make asset recovery more complicated.

If you can, you should look to cease communication strategically without encouraging further interaction. One approach might be to indicate you will be unavailable or away for a few weeks. This will hopefully give you and your legal team time to investigate and trace the assets, write to any centralised exchanges who may be in receipt of those assets, and put them on notice of the theft and request that they freeze those accounts pending further legal action.

In short, the longer the scammers believe that their scam is undetected, the better.

You should then immediately begin collating a detailed record of all previous communications, including requests for payments, emails, phone calls, text messages, social media interactions, transaction details, wallet addresses and transaction hashes etc. Accurate records are crucial for any subsequent legal action and investigations. If you have been directed to a webpage during your interactions with the scammers, you should ensure to take screenshots of these pages in case they disappear.

Evidence of what jurisdiction they may be in is also vital. For example, note of their telephone number and dialling code (e.g. +44 for UK) or mention of a registered office (even if untrue) will help dramatically.

  1. Report to law enforcement

As soon as possible, you should report the theft to the police and Action Fraud – or equivalent law enforcement agencies. Make sure you keep a copy of your report, as well as any crime reference numbers provided.

It is important that you engage with your local police force as much as possible, and obtain a direct liaison and contact details. Action Fraud is only a database, and your query will not progress unless the police investigate.

Try not be discouraged or frustrated if the police cannot offer much help. Police resources, expertise, and capacity to deal with crypto related crimes can vary considerably, and officers may lack immediate familiarity with blockchain technology, or the complexities involved

Even if the police are unable to offer much direct assistance, formally reporting the incident is a crucial step as it creates an official record that supports any subsequent legal and recovery actions you may take with the support of your legal team.

  1. Device management and evidence preservation

Given that so much of our lives are conducted online and contained within personal devices such as laptops and mobile phones, it is crucial to exercise heightened caution if these devices may have been compromised.

If you notice unusual behaviour or unexpected activity on your devices (for example, unprompted command prompt windows opening up for split seconds, or excessive system resources being used when your device does not appear to be doing much) then this may be an indication your device may be compromised.

This is more likely if the scammers have previously taken remote control of your device under the pretence of assisting you through services, like AnyDesk.

As tempting as it may be, avoid formatting or performing factory resets at this stage. Evidence preservation is vital, particularly as forensic digital examination of your devices could yield critical information, instrumental in tracing and recovering the stolen assets. Formatting or resetting the device risks destroying potentially valuable evidence which often indicates the attack vectors used by the scammers and can be a useful part of the puzzle in identifying who they may be.

If your budget permits, obtaining new, uncompromised devices for interim use is recommended.

  1. Secure remaining cryptoassets

It may be that the scammers have only targeted or been able to target specific parts of your crypto holdings. However, if your devices or email/social media accounts have been compromised, it is likely they know much more than you think – including what centralised exchange accounts and wallet addresses you have that they may wish to target next.

As such, you should immediately access and review all centralised exchange accounts you may hold online, and cold storage where applicable. Update your details held at these accounts, including email, contact information and passwords.

It is also crucial to strengthen your two-factor authentication and carefully review transactions to identify any activity you do not recognise which may be indicative of that account being compromised.

If you are holding any assets on these accounts, consider creating new, secure self custodial wallets on uncompromised devices and transferring remaining assets between multiple wallets.

If you have previously staked assets, check to see whether these remain staked or have been unstaked without your knowledge and are in any cooldown period. If unstaking has been initiated, try to take steps to ensure the unstaked assets can immediately be sent to your new, secure wallets as soon as possible.

  1. Engage with experts

Engaging promptly with specialist lawyers experienced in crypto asset disputes, particularly asset tracing on blockchains and recovery, can be vital ensuring the swift tracing and recovery of your assets.

Your legal team will quickly be able to identify suitable independent blockchain tracing specialists who will be tasked with conducting an initial tracing report to follow the movement of your crypto assets and their traceable proceeds. You will need to provide proof that you owned the assets (such as statements) as well as relevant transaction hashes or addresses as this will form the basis of asserting your proprietary claim to those assets. This is essential in recovering such assets.

Scammers typically seek to convert stolen crypto assets into cash, often using centralised exchanges as their off-ramp. The first step in any successful crypto asset recovery matter is identifying the exchanges used. These exchanges will have established payment rails which allow them to enable the transfer of fiat funds and are crucial to their business operations. 

As these payment rails exist within a regulated environment, banks must be comfortable with the funds handled by these exchanges. Consequently, exchanges are subject to a degree of regulatory oversight and compliance mechanisms to satisfy the requirements of typically highly regulated banking entities.

Once an investigator can identify exchanges which have received the stolen assets, your legal team should then enter into dialogue to place them on notice that they have received the proceeds of crime and request they take specific actions. These include freezing the relevant accounts to secure any assets held within, as well as requesting disclosure of any onward transfers and withdrawals from that account which can be used to further trace the stolen assets with a view to recovery.

This draws a line in the sand – the exchange is now aware of the issue and any funds held at or subsequently deposited at that account must now be frozen.

  1. Seek emotional support

Recognising that you have fallen victim to a scam can trigger intense emotional distress, anxiety, and feelings of isolation. It is important to recognise you are not alone and that these feelings, while overwhelming, are a common response to what can be a very personal breach of privacy, trust and security.

If you find yourself in such a position, consider reaching out to supportive friends and family. Whilst there are also online communities offering support to victims, you should treat these with caution, as these can present attractive hunting grounds for scammers seeking to exploit those at their most vulnerable.

If you find your emotional state severely impacted or you are feeling persistent low, anxious or overwhelmed, it is essential to seek professional medical or mental health support.

As outlined above, acting quickly and methodically within the immediate hours and days after discovering a scam or can significantly improve the prospects of recovery and limit the broader financial and emotional damage.

For more information on our services relating to technology disputes, please click here. For our cryptoassets services, please click here

Matt Green provides insights on bitcoin recovery to Thomson Reuters

Posted on: January 27th, 2025 by Hugh Dineen-Lees

In a recent article published by Thomson Reuters, Matt Green, Head of Blockchain and Digital Assets, explores the topic of recovering lost Bitcoin. Alongside his co-authors, Brian Mondoh, Barrister at Titan Chambers, and Marcin Zarakowski CEO of Token Recovery, Matt addresses the common belief that Bitcoin is a decentralized network and explains how recent developments have made it possible to recover lost Bitcoin assets.

The article highlights two primary scenarios for losing Bitcoin: theft or scam, and losing access to private keys or seed phrases. They delve into the Digital Asset Recovery (DAR) process on the BSV blockchain, which allows for the reassignment of lost or stolen digital coins through valid court orders.

By ensuring compliance with court orders, the BSV network can freeze and reassign assets to their rightful owners, making the recovery process more efficient and cost-effective.

Read the full article here.

Matt Green presents evidence to Property (Digital Assets etc) Bill Special Public Bill Committee

Posted on: January 23rd, 2025 by Hugh Dineen-Lees

Head of Blockchain and Digital Assets, Matt Green, recently submitted evidence to the House of Lords Special Public Bill Committee on the Property (Digital Assets etc) Bill. 

Matt argued that the Bill is both necessary and effective. He suggests that legislation, as opposed to common law, would provide the judiciary and policy makers with the confidence to apply property right principles to a new asset class – which is vital for consumers and financial institutions who are increasingly reliant on digital assets. Matt further argues that the Bill prescribes a negative definition which allows for things not yet created or not easily defined as capable of inclusion – providing additional flexibility to policymakers.

He notes that the Bill is a response to nervousness in the judiciary in deviating with established definitions of property, and that the wording is the door ajar to give decision makers the freedom to create new asset classes where required, without falling foul of common law principles.   

Discussing the Bill’s potential for negative or unexpected consequences, Matt warns that the wide wording of the Bill may open the floodgates and policy must therefore be carefully considered and robustly drafted. He also notes that monitoring the benefits and drawbacks of the Bill must be considered on an ad hoc basis by policy makers, to prevent any unexpected consequences.

In all, he senses that although there are more pressing matters at law, including (i) liability of decentralised entities, and liability of coders/ software developers (ii) regulation of digital assets, and the rules of engagement and (iii) the effectiveness of the Economic Crime and Corporate Transparency Act (2023), the Bill, of a version of it, must be passed to give confidence to the market and to show this jurisdiction is taking digital assets seriously.

In relation to improving the Bill, Matt argues as to why the chosen thing should be an object of personal property rights – suggesting it may be considered as heavy handed. He also notes that it may be useful to include some non-determinative wording as part of this legislation to help guide decision makers when considering property rights.

Click here to read Matt’s evidence in full.

Matt Green co-authors chapter of The Founders’ Guide to UK Crypto Law

Posted on: December 16th, 2024 by Natasha Cox

Matt Green, Director and Head of Blockchain and Digital Assets at Lawrence Stephens has contributed to the launch of a new guide, The Founders’ Guide to UK Crypto Law by Lisa McClory, Digital Technologies Lead at D2 Legal Technology, an award-winning legal data consulting firm.

Matt’s co-author is Marcin Zarakowski, CEO of Token Recovery. In their chapter on ‘Tracing, Freezing and Recovery – when crypto assets are stolen‘, they explain the risks, and the legal procedures available to those affected.

The publication came about through the recognition of the urgent need for some solid and practical guidance for projects looking to start out in the Web3 space (the concept emphasising personal data ownership and the use of blockchain technology and cryptocurrencies).

The guide brings together many of the top experts in the area to deliver on this objective. It is intended as a starting point for Web3 builders and entrepreneurs in the UK. The guide acknowledges the important role that law and regulation play and seeks to assist projects in overcoming uncertainty, avoid pitfalls and generally equip the reader with the essential knowledge to empower and catalyse their ideas.

To read the guide please follow the link: The Founder’s Guide to UK.pdf – Google Drive

Lawrence Stephens prepares source of funds reports for property bought at auction using crypto assets

Posted on: December 16th, 2024 by Natasha Cox

Despite cyptocurrencies becoming more mainstream, recent commentary suggests that investors are still finding it hard to utilise these to purchase property in the UK. A recent Financial Times article highlighted the low appetite for sellers to accept cryptocurrencies. As a result, if purchasers want to use their crypto investments towards a property purchase, this usually involves converting the cryptocurrency into traditional or fiat currency – legal tender established by government regulation.

Much of the reluctance to accept funds derived from  the disposal of cryptocurrency comes from its well-publicised association with criminal activity, in particular money laundering. Law firms have obligations imposed by the SRA in relation to checking sources of wealth and sources of funds for anti-money laundering (AML) purposes. Solicitors have a legal duty to ensure that any, and all, funds used within a property transaction have come from a legitimate source. They must therefore establish the original source of the funds, not the mere availability of funds in a bank account.

Establishing the legitimacy of funds generated through cryptoasset activity requires the instruction of an expert who is able to carry out a full report on the crypto proceeds being used. The content of this report includes documenting and reporting of the cryptoasset activity, including the initial ‘on-ramp’ into crypto (i.e. the exchange of traditional fiat money into cryptoassets), the purchase of cryptoassets, and the subsequent cryptoasset activity to the ultimate liquidation and ‘off-ramp’ from cryptoassets back into traditional fiat money which was then being used to make the purchase. This report can then form the basis on which the conveyancer can make a judgment as to whether it is safe to proceed with the proposed transaction.

There are currently few law firms with the required expertise to produce such reports. Buyers wishing to use crypto assets for property purchases should be especially aware of the need to establish legal source of funds when buying property at auction.

The Lawrence Stephens’ team was recently called in at short notice to assist a client who had purchased a property for £210,000 at auction. He had intended to fund the purchase by utilising proceeds mainly generated through investing and trading on cryptoassets. Our client had instructed solicitors in relation to the purchase. However, just two days before the notice to complete was due to expire, the client was informed that they did not have the necessary expertise and could not provide the required report on the source of funds coming by way of crypto. At this late stage, he was at risk of losing his 10% deposit.

The Lawrence Stephens’ team – comprised of Asim Arshad and Gunduz Misiri – were able to take on the instructions and were able to extend the notice to complete by three days. This gave the team enough time to complete a full crypto source of funds report to verify the funds coming by way of crypto and intended to be utilised for the purchase. We were pleased to effect the completion of the purchase within the agreed upon extended time.

 

Matt Green to present expert evidence to House of Lords on Property (Digital Assets etc) Bill

Posted on: December 2nd, 2024 by Natasha Cox

Matt Green, Head of Blockchain and Digital Assets will be giving evidence to the House of Lords in the Property (Digital Assets etc) Bill this Thursday.

The bill is designed to ensure new asset classes aren’t prevented from being the subject of property rights if they do not fall neatly into the relevant two categories under common law.

As the Chair of techUK’s Digital Asset Working Group, Matt will be giving expert evidence on the impact of this legislation.

You can view the livestream of Matt’s appearance from 11.30am on Thursday 5 December by clicking here.

 

Matt Green comments on the Digital Assets Bill in eprivateclient

Posted on: November 18th, 2024 by Hugh Dineen-Lees

Director and Head of Blockchain and Digital Assets Matt Green comments on the introduction of the Property (Digital Assets etc) Bill, and argues that this legislation will provide greater clarity to the treatment of cryptocurrencies and digital assets under UK law.

Matt’s comments were published in eprivateclient, 15 November 2024, and can be found here.

“Property rights allow individuals to identify and demarcate ownership. In turn, being deprived of property creates a right in either damages or for that exact property to be owed. This ensures there’s greater market confidence when dealing with property, as there are clearer legal rights to ownership, control and general treatment of that property.”

“Historically property fell into two main categories – things that are tangible and exist physically or a contractual right enforced by a legal system (such as a debt claim or contractual right to goods). Digital assets (including cryptocurrencies, digital files and records, email accounts and certain in-game digital assets, domain names, even verified carbon credits) do not fall neatly into either category.”

“Use of a negative definition as proposed in the Digital Assets Bill, future proofs how property is treated, preventing the need to return to the issue for decades to come. To give an exhaustive list of what property is limits what may or may not exist going forward, so the wording is designed to ensure policymakers and the public at large are given that freedom to treat “things” as property when required, as well as the ability to sensibly divert from the rigid definition of property when required.”

“Although a welcome change for a legal system previously often unequipped to deal with such matters, enabling a “thing” to be property even where it is not tangible or creates a legal right may create inconsistencies at common law given the broad strokes definition. However the benefit of future proofing far outweighs the potential for inconsistencies and the Law Commission included guidelines as to what may constitute property under this Bill to assist decision makers.”

“As more “things” become property at a legal level, we may see the implementation of further laws, or even Judge’s decisions, which sweep up any unanswered issues. Overall, this Bill is a huge win for those dealing in digital assets, providing much needed clarity in an economy already utilising this technology at large.”

In Early Podcast S2E3: Marcin Zarakowski and Roman Bieda, Token Recovery

Posted on: November 7th, 2024 by Hugh Dineen-Lees

Welcome to the In Early podcast, where host Matt Green dives into the world of digital assets and technology. In this episode, Matt speaks to both Marcin Zarakowski and Roman Bieda, of Token Recovery, a Swiss outfit specialising in “combining technical expertise, legal proficiency and a swift, discreet, end-to-end process devised to get your property back”.

Matt also asks them about their backgrounds at BSV and Coinfirm respectively, and more about the operation, how Token Recovery take on victims of fraud where crypto assets are lost following a hack or scam, and how they work with lawyers, like me, law enforcement, and blockchain analytic services like Global Ledger to navigate the recovery process.

Key takeaways from Marcin Zarakowski and Roman Bieda

– Their backgrounds, including at Coinfirm, and EU Blockchain Observatory and Forum how Token Recovery was formed and its mission, with Roman referring work involving ChipMixer;

– How Token Recovery take on victims of fraud where crypto assets are lost following a hack or scam, and how they work with lawyers, law enforcement, and blockchain analytic services like Global Ledger to navigate the recovery process;

– Their roles in the world of academia and industry bodies including at SGH Warsaw School of Economics and INATBA – International Association for Trusted Blockchain Applications

– Each of their processes “Consult and Review”, “Trace and Evaluate”, “Plan and Authenticate” and “Enforce and Reclaim”;

– Issues with the recovery process and how they are overcome;

– The role of transaction monitoring at crypto-exchanges and whether that’s a good tool for preventing crime.

Matt asks them about their backgrounds at BSV and Coinfirm respectively, and more about the operation, how Token Recovery take on victims of fraud where crypto assets are lost following a hack or scam, and how they work with lawyers, like me, law enforcement, and blockchain analytic services like Global Ledger to navigate the recovery process.

Asim Arshad discusses the FCA’s crackdown on crypto ATMs in Law360

Posted on: October 14th, 2024 by Hugh Dineen-Lees

Senior Associate Asim Arshad examines the FCA’s first criminal prosecution over the unlawful operation of crypto ATMs, and discusses the wider implication of this crackdown for both lawyers and crypto businesses in the UK.

Asim’s article was published in Law360, 11 October 2024, and can be found here.

On Sept. 10, the U.K.’s Financial Conduct Authority launched a criminal prosecution against Olumide Osunkoya, the first of an owner of a firm enabling crypto asset trading, who pled guilty to the charges. The regulator announced that it had secured its first conviction on Sept. 30 for two offenses relating to the unlawful operation of multiple crypto automated teller machines that were not registered with the FCA.[1]

This article will examine the wider implications for lawyers of that decision.

The FCA alleges that, between December 2021 and September 2023, machines operated by Osunkoya across multiple locations processed crypto transactions with a combined value of £2.6 million ($3.4 million).

It is clear that the regulator is starting to clamp down on crypto activities associated with money laundering.

The FCA confirmed that this is its first criminal prosecution relating to unregistered crypto asset activity under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

Over the past two years, the regulator has inspected dozens of locations suspected of hosting crypto ATMs, and last month stated that there are no legal crypto ATM operators in the U.K. Therese Chambers, the FCA’s joint executive director of enforcement and market oversight, said: “If you’re using a crypto ATM, you are handing your money directly to criminals.”[2]

Overly Aggressive

The FCA’s position is clear: Crypto ATMs are inherently problematic. As a result, legitimate operators who value regulatory compliance are being actively deterred from considering the U.K. as a potential jurisdiction in which to locate them.

The prosecution of Osunkoya demonstrates the FCA’s commitment to taking enforcement action against unregistered crypto asset businesses. It is an unambiguous signal to those operating within the sector that the regulator will actively pursue transgressors via criminal charges, civil proceedings, or both.

This is not unprecedented. Through previous enforcement action, the FCA has shown itself willing to act, not least because firms operating in this sector are perceived to be a greater risk in terms of money laundering and potential misuse by bad actors.

In its inaugural crypto-related enforcement action in July, the FCA imposed a £3.5 million fine on CB Payments Ltd., part of the Coinbase Group, for breaching requirements imposed under the Electronic Money Regulations 2011.[3]

Crypto ATMs

In their simplest form, crypto ATMs enable users to deposit cash that is converted into crypto-assets. The machine records the deposit, either generating a wallet for the user or requesting the user’s public wallet address to which the crypto can be sent. Operators typically earn fees from these transactions.

Crypto ATMs are often fitted with a camera that records the user making the deposit; some also require the user’s ID documents to be scanned, allowing their details to be recorded.

This functionality enables easy, almost immediate conversion of cash to crypto. Some ATMs offer bidirectional functionality, enabling both the purchase of crypto and the sale of crypto for cash. Some ATMs require little or no personal information, providing the user with the additional benefit of privacy, or even complete anonymity.

Although crypto ATMs are not inherently illegal, to operate one requires registration with the FCA. As noted, currently, there are no registered crypto ATM operators in the U.K.

It is important to note that the same requirements do not apply to crypto purchases made via more traditional methods, such as a centralized exchange.

Illicit Use of Crypto ATMs

The privacy afforded by crypto is attractive to criminals, particularly those who seek to launder illicit money and obfuscate any audit trail. Globally, authorities in multiple jurisdictions have moved to shut the machines down because they provide an ideal conduit for laundering money, with limited traceability on where funds originate and where they are sent.

Although this regulatory approach is becoming more common, it should not be automatically assumed that everyone who uses a crypto ATM is party to a criminal transaction.

Impediment to Thriving U.K. Crypto Industry

It can be argued that the FCA should narrow its focus toward enhanced monitoring and regulatory compliance. It may also be said that its objective should be to ensure that crypto ATMs and, therefore, those operating and profiting from them, require customer identification and appropriate know-your-customer steps before customers can transact.

Another means of regulating the marketplace would be to create a customized set of KYC rules for crypto ATMs that would potentially mitigate their use for criminal activity.

Technology might play a part in making this work. For example, fingerprint or facial recognition technology could be used to validate an individual’s identity and enhance KYC checks. This could be undertaken in conjunction with the scanning of a passport, where a live camera scans an individual’s face and matches it to the passport photo, while background checks are simultaneously undertaken on the passport itself.

Regulatory authorities in some other jurisdictions take a different view. Crypto ATMs can be found in multiple countries, with more than 1,000 located in various European Union member states, for example.

Worldwide, users seeking to access crypto and bypass the traditional banking system can access more than 37,500 crypto ATMs, according to data provider AltIndex.[4]

Therefore, those who do wish to use them have perfectly legal options in diverse global locations.

The FCA’s excessively antagonistic language may deter crypto users who do value regulatory compliance from considering the U.K. as a potential jurisdiction to be located. Manifestly, choosing the U.K. in the current climate would be an unlikely option for any crypto ATM operator.

As current regulations stand, crypto companies wanting to operate in the U.K. must first register with the FCA, which assesses them under anti-money laundering and other regulations.

In its latest annual report published in September, [5] the FCA noted that it had rejected 87% of the applications received from crypto-asset companies seeking clearance for their money laundering defenses.

The regulator also issued 450 consumer alerts against crypto-asset promoters — only three months after rules against misleading marketing were tightened.

The charges brought against Osunkoya highlight the importance of compliance in the crypto sector, serving as a stark reminder for crypto asset businesses about the risks of noncompliance.

Conclusion

Given that the FCA is monitoring the crypto ATM sector through active policing, enforcement and prosecution, organizations in the U.K. need to take a similarly proactive approach to KYC and related protocols through constant monitoring and adaption. This means complying with the spirit of what the FCA wants, rather than just the bare minimum.

Read more here. 

Matt Green comments on fintech and financial institutions in Financial News

Posted on: September 16th, 2024 by Hugh Dineen-Lees

With Revolut looking to establish itself as the next fintech ‘superapp’, Head of Blockchain and Digital Assets, Matt Green, comments on how financial institutions must tread carefully when implementing new technologies.

Matt’s comments were published in Financial News, 10 September 2024.

“Established, traditional financial institutions have the reputation and pockets to carefully implement new fintech, and will have the necessary airbags to deal with risks.

“Fintech companies are usually at the coalface, solution-finding and locating, and then mitigating risk as best they can. Revolut would need to tread carefully to balance the weights and take the best parts of what they have.”