Cryptocurrency Theft Lawsuits Diminish amid Rise in Cybercrime (2024)

Media Coverage

Bloomberg Law

In the aftermath of digital heists, legal relief remains scarce for victims suing cryptocurrency platforms and mobile service providers accused of inadequately safeguarding users’ assets, including crypto wallets and phone numbers.

Despite rising cybercrime, complaints blaming crypto theft on lax company security fell to a mere 11 cases in 2023 after peaking at 20 new cases a year earlier, according to an analysis of Bloomberg Law’s docket data. The primary reason for victims’ inability to find relief in court is private arbitration provisions saving the largest cryptocurrency exchanges and mobile providers from litigation, dockets show.

Arbitration and other contractual protections like liability caps are shielding these popular targets of crypto theft hacks—cryptocurrency exchanges includingCoinbase Global Inc.and some of the country’s largest cellular operators —from costly legal decisions. Plaintiffs’ failure to gain traction with crypto-theft lawsuits points to a concerted and successful legal strategy adopted by the cryptocurrency industry in response to an onslaught of hacks and lawsuits in prior years, saidScott Wortman, a partner specializing in financial services defense litigation at Blank Rome LLP.

“We’re seeing a lot more legal sophistication amongst the cryptocurrency industry, and we typically see that with new and emerging technologies,” Wortman said. “The other aspect besides enforcing arbitration is putting caps on liability,” because until a few years ago crypto companies hadn’t established contractual protections “that were sophisticated enough to enforce.”

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"Cryptocurrency Theft Lawsuits Diminish amid Rise in Cybercrime," bySkye Witley was published in Bloomberg Law on February 16, 2024.

Cryptocurrency Theft Lawsuits Diminish amid Rise in Cybercrime (2024)

FAQs

Cryptocurrency Theft Lawsuits Diminish amid Rise in Cybercrime? ›

Cryptocurrency Theft Lawsuits Diminish amid Rise in Cybercrime. In the aftermath of digital heists, legal relief remains scarce for victims suing cryptocurrency platforms and mobile service providers accused of inadequately safeguarding users' assets, including crypto wallets and phone numbers.

What is the role of cryptocurrency in cybercrime? ›

Cryptocurrencies, by design, offer anonymity attractive to those wishing to keep their financial activities private. However, this anonymity also provides a cover for cybercriminals, allowing them to execute fraudulent schemes, from ransomware to identity theft, with a reduced risk of detection.

What is the most common cybercrime committed using cryptocurrency? ›

Cybercriminals have found many ways to use cryptocurrencies for their benefit. One of the most common ways is through ransomware attacks. In a ransomware attack, a cybercriminal will gain access to a victim's computer and encrypt their files, making them inaccessible.

How are most crypto crimes committed? ›

This can happen by hacking into someone's digital wallet, tricking them into revealing their credentials, or scamming them into a fraudulent transaction. One of the most common crypto hacks occurs when a crook infects someone's device with a keylogger.

How often is bitcoin stolen? ›

As we revealed in last year's Crypto Crime Report, 2022 was the biggest year ever for crypto theft with $3.7 billion stolen. In 2023, however, funds stolen decreased by approximately 54.3% to $1.7 billion, though the number of individual hacking incidents actually grew, from 219 in 2022 to 231 in 2023.

What is cryptocurrency and how does it affect cyber security? ›

Cryptocurrency is a digital or virtual currency relying on cryptography and complete decentralization as security measures. It operates independently from any country or bank and often even from its creators. All transactions and proof of ownership are distributed across a blockchain digital ledger.

Why do fraudsters use crypto? ›

Cryptocurrencies are known for their market volatility so the value of investor's assets go up and down quickly. As more people have invested their money in cryptocurrencies, criminals have capitalised on this as an opportunity to commit fraud.

What is the number 1 cyber crime? ›

Bulk phishing, smishing, and business e-mail compromise (BEC) are the most common types. In 2022, 85 percent of the surveyed worldwide organizations reported encountering bulk phishing attacks, while roughly three in four were targeted by smishing scams.

What is the biggest cyber crime in the world? ›

Biggest Cyber Attacks in History
  • Marriott Hotel Data Breach. ...
  • WannaCry Ransomware. ...
  • Ukraine Power Grid Attack. ...
  • The 2014 Yahoo Attack. ...
  • Adobe Cyber Attack. ...
  • The PlayStation Network Attack. ...
  • Estonia Cyber Attack. ...
  • The NASA Cyber Attack.
Jan 23, 2024

What is the largest cryptocurrency theft? ›

Mt. Gox remains the greatest cryptocurrency robbery in history, with over 850k Bitcoin stolen between 2011 and 2014. Mt. Gox claimed that a fault that caused the loss is due to an underlying bug in Bitcoin, known as transaction malleability.

Who to contact for crypto scammer? ›

If you believe you or someone you know may be a victim of a cryptocurrency scam, immediately submit a report to the FBI Internet Crime Complaint Center (IC3) at www.ic3.gov or contact your local FBI Field Office and provide as much transaction information as possible.

Can you go to jail from crypto? ›

To sustain a conviction for securities fraud, the federal government need only show the defendant had a reckless disregard for the truthfulness or untruthfulness of their conduct. Defendants convicted under §78ff, face penalties of up to 20 years in prison, fines up to $5,000,000, or both.

Is stealing crypto a crime? ›

In several well-publicized cases, hackers have burglarized cryptocurrency exchanges. In one instance, thieves reportedly stole over $400 million of cryptocurrency. Cybercriminals can be prosecuted for cryptocurrency fraud, computer crimes, and other offenses.

What is the FBI warning on cryptocurrency? ›

The FBI warns Americans against using cryptocurrency money transmitting services that are not registered as Money Services Businesses ( MSB ) according to United States federal law ( 31 U.S.C. § 5330 ; 31 CFR §§ 1010; 1022 ) and do not adhere to anti-money laundering requirements.

Can the FBI track crypto? ›

If they find a Bitcoin transaction related to a crime, they can work with the FBI to track some crypto funds internationally. Besides analyzing available data, authorities can also request information from centralized exchanges. As a rule, exchanges are obligated to share that information.

Can Bitcoin theft be traced? ›

Yes, it is possible for stolen Bitcoins to be traced back to the owner. Bitcoin transactions are recorded on a public ledger called the blockchain, which allows anyone to view the history of transactions associated with a particular Bitcoin address.

How does cryptocurrency facilitate crime? ›

The use of cryptocurrency mixers (or tumblers) is a common obfuscation technique for criminals who want to conceal illicit transactions. These services enhance transaction privacy by breaking the links between the original and the final address using several intermediary wallets, charging a transaction fee.

What is the role of cryptocurrency in the dark web? ›

Cryptocurrency transactions can be conducted without revealing personal information, making it challenging for law enforcement to trace individuals. This anonymity can protect the privacy of legitimate users but may also be exploited by criminals.

What are the roles of cryptocurrency? ›

A cryptocurrency is a digital currency, which is an alternative form of payment created using encryption algorithms. The use of encryption technologies means that cryptocurrencies function both as a currency and as a virtual accounting system.

What is the role of crypto in communications security? ›

Cryptography and Communications involves protecting information, either communicated internally or exchanged with individuals or other organisations, against accidental exposure and malicious attacks. As a Cryptographer, you may: design security protocols, including key management rules.

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