Is the Crypto Platform Free from Liability? Is Anti-Money Laundering Law Giving the Green Light to Crypto?

By: blockbeats|2025/04/14 10:00:03
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Original Article Title: If it's crypto it's not money laundering
Original Article Author: JP Koning, Moneyness
Original Article Translation: Luffy, Foresight News

Recently, Deputy Attorney General of the United States, Todd Blanche, issued a memo to internal staff stating that the crypto industry is "vital to the nation's economic development." As a result, staff have been instructed not to target cryptocurrency platforms, such as exchanges and mixers like Tornado and ChipMixer, anymore based on "end-user behavior."

How is "end-user behavior" understood? There is further explanation in Blanche's memo. He specifically mentioned how drug trafficking groups engaging in fentanyl transactions often use cryptocurrency, which is a well-known fact. For example, Tether is a common payment method in fentanyl transactions. However, the Department of Justice went on to explain that while it will continue to investigate the financial crimes of drug trafficking groups, terrorist organizations, and other illegal entities, it "will not take action against platforms used by these criminal groups for their illicit activities."

This contrasts with established financial laws worldwide. In traditional financial law, financial institutions are usually held responsible for "end-user behavior." When criminals use them to "conduct illegal activities," financial institutions can be held accountable, which is defined as money laundering in the law.

Money laundering is a dual crime. On one hand, there are the criminals holding dirty money; on the other hand, there are the criminals' counterparties, the financial intermediaries (banks, cryptocurrency exchanges, remittance platforms) handling the dirty money, both of whom can be prosecuted. Last year, Deutsche Bank was prosecuted for having clients associated with drug trafficking, and financial service providers are held accountable for their clients' crimes.

The same applies to sanctions evasion. One party is the entity being sanctioned, and the other is the financial platform facilitating the evasion, both of whom can be prosecuted.

If, as Blanche implies, cryptocurrency platforms are no longer targeted for "end-user behavior," it actually means that the second link in money laundering or sanctions evasion activities is no longer considered a violation, at least when it comes to crypto platforms. Therefore, if a drug trafficking group were to deposit dirty money into an exchange like Binance, the exchange would not be investigated, but only the drug trafficking group would.

In reality, cryptocurrency technology is akin to being granted a "get-out-of-money-laundering-jail-free" card. Observers can easily speculate that crypto platforms may relax their compliance measures as a result, since they will not face prosecution, which in turn would allow more criminals to exploit their services.

The memo provides more details. The ongoing Tornado case and ChipMixer case are likely to be dropped, as the memo explicitly states that the Department of Justice will no longer target mixing services. Tornado is a smart contract-based mixer, with most of its infrastructure running through automated code, while first-generation mixers like ChipMixer are fully operated by humans. Due to a series of criminal convictions, ChipMixer's users were on the verge of disappearing, but with the fading threat of prosecution, they will become active again.

The memo prohibits Department of Justice attorneys from targeting "offline wallets," which likely refers to "non-custodial wallets," mostly applicable to stablecoins. Stablecoin users can hold stablecoins like USDT or USDC in a personal encrypted wallet in a non-custodial manner or return them to the issuer for redemption into actual dollars, which in that case is a "custodial" form. This seems to indicate that if criminals use non-custodial stablecoins, the issuer itself will not be a prosecution target. If this is encouraging fentanyl trafficking groups to use stablecoins, it is indeed a "brilliant" policy.

This decriminalization of cryptocurrency money laundering behavior acknowledges many existing operational methods in the crypto ecosystem. For example, just last week, I reported on stablecoin issuers like Tether and Circle allowing sanctioned Russian exchange Garantex to hold their stablecoins. The issuers seem to believe that providing access to illegal end-users like Garantex is legitimate. And now, the government seems to confirm their view by no longer targeting non-custodial wallets due to "end-user behavior."

Now that we have discussed some of the direct legal and technical consequences of this decision, it is necessary to ask: Who will actually benefit from this sudden policy shift? Because apparently, most people will be worse off as a result.

The following are just my speculations; this policy may aim to appease and reward the following groups:

· Liberals who voted for Trump, who strangely believe that money laundering should not be a crime.

· Crypto entrepreneurs in San Francisco who want to build low-cost financial platforms and are unwilling to bear the cost of building expensive compliance projects to prevent criminal use. These entrepreneurs also hope their crypto platforms can access bank accounts, and banks have been hesitant to do so due to the high risk of cryptocurrency money laundering. Now with the cryptocurrency exemption, banks have nothing to worry about. Crypto entrepreneurs support Trump, provide funding for him, and are an important part of his administration, so this is a reward for them.

· Trump himself, who seems to be intent on building a bribery and protection system similar to Putin's, which requires a money-laundering-friendly financial infrastructure. The Department of Justice's memo may be an initial step in creating this system.

In the long run, banks and other traditional financial service providers may also benefit. With cryptocurrency-based financial activities now freed from a key legal constraint, every crypto-friendly financial service provider will be incentivized. This means converting your US dollar savings account at Bank of America into a blockchain-based US dollar savings account. Doing so can enable banks and fintech companies to reduce compliance costs and increase profits.

Once the entire financial industry leverages this loophole to complete the transformation, money laundering will ya no longer be a criminal activity, and since the Department of Justice will no longer prosecute mixers, it means everyone will have full anonymity.

From a public policy standpoint, this memo is rotten to the core. Just like theft and fraud, money laundering is unethical and should be punished. Allowing a segment of society to operate outside the bounds of any law erodes public trust in the government and the financial legal system.

More broadly, society's anti-money laundering laws are a key line of defense against various other crimes. Because of the existence of anti-money laundering laws, the financial system works hard to keep so-called money laundering upstream crimes such as robbery, human trafficking, and corruption at bay, making it more difficult to carry out these crimes. This deterrent effect prevents many potential criminals from leaving legitimate economic activity. Once these laws are repealed, the lure of crime will greatly increase.

Original Article Link

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Never Underestimate the Significance of the US Stablecoin 'Infrastructure Bill'

Original Title: "Never Underestimate the Significance of the US Stablecoin 'Genius Act'"Original Author: 0xTodd, Partner at Nothing Research


If the US stablecoin bill, the "GENIUS Act," passes smoothly this time, its significance will be tremendous. I even think it's significant enough to enter the top five in Crypto history.



Although abbreviated as the GENIUS Act, which translates directly to the Genius Act, it is actually the Guiding and Establishing National Innovation for U.S. Stablecoins, which translates to "Guiding and Establishing National Innovation for US Dollar Stablecoins."


The proposal is lengthy, with several key points summarized for everyone:


· Mandatory 1:1 Full Asset Backing: Assets include cash, demand deposits, and short-term US Treasuries. At the same time, misappropriation and rehypothecation are strictly prohibited.


· High-Frequency Disclosure: Reserve reports must be published at least monthly, introducing external audits.


· Licensing Requirement: Once the circulating market cap of the issuer's stablecoin exceeds $100 billion, it must transition into the federal regulatory system within a specified timeframe, adopting banking-grade regulation.


· Introduction of Custody: The custodian of the stablecoin and its reserve assets must be a regulated qualified financial institution.


· Clear Definition as a Payment Medium: The bill explicitly defines stablecoin as a new type of payment medium, primarily regulated by the banking regulatory system, rather than restricted by the securities or commodities regulatory system.


· Embracing Existing Stablecoins: A maximum 18-month grace period after the bill's enactment, aimed at encouraging existing stablecoin issuers (such as USDT, USDC, etc.) to promptly obtain licenses or become compliant.


After finishing the main content, let's talk about the significance of this matter with an excited heart.


Over the years, when others asked, "After working in the Crypto industry for 16 years, what application have you created?"


In the future, you can confidently tell others—Stablecoins.


First, Clearing Concerns is a Prerequisite


Some people have held opposing views. In the past, people's impression of stablecoins was that they were an opaque black box. Every few months, there would be FUD — whether Tether's assets were frozen or Circle had a significant black hole deficit.


In fact, if you think about it, Tether easily rakes in billions of dollars a year just from the interest on those underlying government bonds. Circle, slightly less, also made a $1.7 billion profit last year.


They basically made money while standing there. From a motivational standpoint, they have no malicious intentions. In fact, they are the most eager for compliance.


Now, this opaque black box will become a transparent white box.


In the past, the only complaint was that Tether's funds might have been frozen by the United States. Now, they will be directly placed into U.S. compliant custodial institutions, with high-frequency disclosures, so you can rest assured.


【No need to worry about a rug pull】 is such a huge advantage—I think especially all Crypto people understand this.


Second, Mastering the Standard is Very Important


Stablecoins were once almost on the verge of being overtaken by CBDCs. In any country, if a central bank digital currency really exists, it is highly likely not built on a blockchain, at most it is built on some internal central bank consortium chain, which to be honest, is meaningless.


When CBDCs were at their peak, that was the most dangerous time for stablecoins.


If CBDCs had become a reality back then, stablecoins today would have been relentlessly suppressed into a dark corner, and blockchain would only be able to play a minimal role.


The remaining half-dead stablecoins would even have to learn the standards of central bank digital currencies, completely relinquishing their standard-setting power.


And now, stablecoins have won (or are about to).


Instead, everyone should learn the 【Blockchain + Token】 standard.


Nowadays, many blockchains actually have no meaningful applications on top, only stablecoin transfers. For example, with Aptos, the only scenario I use Aptos for is transfers between Binance and OKX.


And now, stablecoins will be legislated, what does that mean?


That's right, blockchain will become the only standard.


In the future, every stablecoin user will be the first to learn how to use a wallet.


As an aside, I actually think Ethereum's concerted push for EIP-7702 is quite forward-thinking. While other chains are all about memes, thank you Ethereum for sticking to account abstraction.



EIP-7702 is about Account Abstraction, which can support, for example:


· Social Account Registration Wallet

· Paying GAS with Native Coin

· And more


This paves the way for future new users to heavily use stablecoins, solving the last-mile problem.


Third, Deposit Enters a New Era


Furthermore, once stablecoins receive legislative support, deposits and withdrawals will become even easier.


Let's imagine a scenario: previously, hindered by the gray nature of stablecoins, but after the bill passes, many traditional brokerages can support stablecoins themselves. The money from a US stock investor can be converted into stablecoins in minutes and instantly deposited into Coinbase. Believe it or not.



Let's imagine another scenario: if the brilliant bill smoothly passes through the House of Representatives, next, you will see:


Due to the extremely lucrative nature of this trading, existing stablecoin leaders and newly entering traditional giants will crazily start promoting their stablecoin products.


And an outsider, due to these promotions, will start using stablecoins. And then one day, after finding out that the wallet account has been created, will explore Bitcoin inside. Is mining Bitcoin difficult?


Stablecoins are a huge Trojan horse. The moment you start using stablecoins, you unwittingly step half a foot into the Crypto world.


Fourth, Conclusion


As a large reservoir for digesting US debt, although stablecoins cannot directly absorb debt, they at least provide ammunition for the US debt secondary market. These functions are quite important, and slowly, stablecoins are becoming a part of the US debt market's body. Therefore, once the US legislation is passed and experiences the benefits, there is no turning back.


And, we are also confident that stablecoins are indeed one of the great innovations in our industry. People who have used stablecoins will find it hard to return to the traditional cash-banking system.


Once the bill is passed, users can't go back. In the future, concerns are about to be resolved, standards will be mastered, and the era of large deposits seems to be on the horizon.


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