DOJ Announces Cryptocurrency Enforcement Team and Cyber-Fraud Initiative | Practical Law

DOJ Announces Cryptocurrency Enforcement Team and Cyber-Fraud Initiative | Practical Law

As part of a comprehensive approach to addressing cyber-fraud, the Department of Justice (DOJ) has created a National Cryptocurrency Enforcement Team (NCET) and announced a new civil cyber-fraud initiative.

DOJ Announces Cryptocurrency Enforcement Team and Cyber-Fraud Initiative

Practical Law Legal Update w-033-0090 (Approx. 4 pages)

DOJ Announces Cryptocurrency Enforcement Team and Cyber-Fraud Initiative

by Practical Law Finance
Published on 14 Oct 2021USA (National/Federal)
As part of a comprehensive approach to addressing cyber-fraud, the Department of Justice (DOJ) has created a National Cryptocurrency Enforcement Team (NCET) and announced a new civil cyber-fraud initiative.
On October 6, 2021, the Department of Justice (DOJ) announced its establishment of:
The NCET was created to address complex investigations of criminal misuse of cryptocurrency and is an extension of the efforts around DOJ's October 2020 Cryptocurrency Enforcement Framework (CEF) (see Legal Update, DOJ Releases Cryptocurrency Enforcement Framework). NCET will work with the DOJ Criminal Division's Money Laundering and Asset Recovery Section (MLARS), Computer Crime and Intellectual Property Section (CCIPS), and other sections in DOJ, and with experts detailed from US Attorneys' Offices across the country to assist with tracing and recovering assets lost to fraud and extortion.
NCET is also charged with investigating and prosecuting cases against cryptocurrency exchanges, infrastructure providers, and other entities that enable the misuse of cryptocurrency and related products. NCET is expected to be a source of expertise in cryptocurrency and blockchain technologies for DOJ, as well.
The civil cyber-fraud initiative announced by DOJ is designed to thwart cybersecurity-related fraud. Under this initiative, the False Claims Act (FCA) will be the primary tool used to pursue claims against actors that put "US information or systems" at risk. There are three ways in which the FCA can be breached in this context, by knowingly:
  • Providing deficient cybersecurity products.
  • Misrepresenting cybersecurity practices and protocols.
  • Violating obligations to monitor and report cybersecurity incidents and breaches.
Viewed in conjunction with the CEF, the NCET and cyber-fraud initiative are designed to bolster the efforts of DOJ to combat cybersecurity breaches and cryptocurrency abuses.