Starting A crypto trading, See Legal Risks Involves

Published by Abdulmujeeb A. Owolabi on

The volatility of cryptocurrencies is the biggest source of risk when trading them. They are speculative and high-risk, and you must be aware of the hazards before you begin trading.

As bitcoin adoption grows, so do the hazards to the financial services industry. The dangers could jeopardize a company’s fraud losses and regulatory compliance. Fortunately, the Anti-Money Laundering Act of 2020 (AMLA 2020) demands that the Bank Secrecy Act (BSA) be applied to cryptocurrency. Crypto exchanges are classified as money service businesses (MSBs), which means they must adhere to the following rules:

  • The travel rule
  • All other BSA regulations included
  • Customer Due Diligence (CDD)
  • Suspicious Activity Reports (SARs), and
  • Cash Threshold Reports (CTRs)

It is yet to be defined how regulators will completely implement this. However, the financial services industry can take a number of steps now to ensure compliance when regulatory guidance is issued.

Financial Services Industry Threats

Change is impossible to achieve without taking risks.

The risk of widespread adoption of crypto is that the crypto exchange sector has a lot of bad AML and fraud practices. There are several causes for this:

  1. At this time, enhanced due diligence (EDD) is not required on crypto exchanges or ATMs.
  2. Crypto exchanges are required to operate as MSBs under AMLA 2020, yet cryptos do not fit nicely into the current legal framework. Furthermore, MSB-designated crypto exchanges/ATMs allow for anonymous transactions of up to $1,000. Unless these consumers spend more than $1,000 on a single crypto exchange, the only personal information acquired is a phone number or an email address. This enables illicit funds (i.e., smurfing/traditional money laundering tactics) to travel freely and anonymously across the blockchain.
  3. Crypto exchanges do not fit easily into the requirements of an MSB because their operations are more akin to those of a financial institution. This is because fiat currency, such as the US dollar, is being transferred to a new sort of digital currency rather than fiat to fiat.
  4. In general, financial compliance specialists and crypto ATMs/exchanges have little understanding of one another. This facilitates the facilitation of traditional financial crime patterns within the business, as well as the unintentional overlooking of them. Profit is typically emphasized over compliance because crypto operators are not incentivized to monitor and report AML and fraud operations.
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Risks to crypto consumers

Consumers of cryptocurrency face very significant risks. Cryptocurrency is highly volatile, intangible, traded on an unregulated 24-hour stock market, and is not insured by any government. All of these are motivated by criminal or illegitimate motives.

Cryptocurrency facilitates popular schemes and scams.

  • Smurfing
  • Money laundering via cryptocurrency exchanges and ATMs
  • Scams Regarding Romance
  • Scams involving phony investment opportunities (i.e. initial coin offerings)
  • Cryptocurrencies were used to make a purchase on the underground market.
  • Adult services, human trafficking, and organ trafficking
  • Money laundering in the arts and antiques, including NFTs
  • Pump and dump cryptocurrencies
  • Cryptocurrency exchanges that aren’t real
  • Scams involving blackmail
  • Phishing, smishing, and vishing
  • Ransomware
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How To Avoid Cryptocurrency Scams

Scammers are constantly coming up with new ways to take over cryptocurrency. Anyone who insists on paying in bitcoin is a sure sign of a con. Anyone who suggests paying by wire transfer, gift card, or bitcoin is a con artist.

Of course, if you pay, you nearly never get your money back. That’s exactly what the con artists hope for. There are a few bitcoin scams to be aware of.

Investment and business opportunity scams

Some businesses claim that you can make a lot of money in a short period of time and achieve financial independence.

Some con artists claim that you must pay in cryptocurrencies in order to have the privilege to attract people into a program. They claim that if you do, you’ll be rewarded with cryptocurrency for your efforts. They promise that the more bitcoin you pay, the more money you will make. However, these are all bogus promises and guarantees.

Some con artists begin by making unsolicited offers from so-called “investment managers.” These con artists claim that if you give them the bitcoin you purchased, they can help you grow your money. However, if you log in to the “investment account” they set up for you, you’ll discover that you can only withdraw your money if you pay fees.

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Look for claims like these to help you spot the companies and people to avoid:

  • Scammers promise that you will profit. It’s a con if they guarantee you’ll make money. Even if a celebrity endorses it or there are testimonies. (Those are easy to forge.)
  • Scammers make bold statements with no supporting evidence or justifications. Smart business people want to know how their money is being invested and where it is going. And smart investment counselors are eager to share their knowledge.

Check it out before you invest. Look for the company’s name and the cryptocurrency’s name, as well as words like “review,” “scam,” or “complaint” on the internet. Take a look at what others are saying. Also, learn about other frequent investment swindles.

Blackmail emails

Scammers frequently send emails claiming to have embarrassing or revealing images, videos, or personal information about the recipient. Then they threaten to publish it unless you pay in cryptocurrencies. It’s not a good idea. This is blackmail and an effort at criminal extortion. It should be reported to the FBI right away.

Social media scams

It’s a fraud if you receive a tweet, text, email, or social media communication instructing you to send cryptocurrency. Even if the message came from a friend or was posted by a celebrity you follow, this is accurate. It’s possible that their social media accounts were compromised.

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