Why Investor Protection and Enforcement Still Matters

Prior to this point in time, the cryptocurrency markets had been experiencing a surge, or as I like to call it, a “green candle phenomenon,” following Trump’s election victory. Remarkably, Bitcoin breached the crucial $100,000 mark, representing an almost 500% rebound from the nadir of the 2022 Crypto Winter. Furthermore, the optimism surrounding crypto has extended to Capitol Hill, where discussions about a U.S. National Bitcoin Reserve have garnered substantial traction and credibility.

In simpler terms, if you think of stock market growth periods as marathons (long and steady races), then cryptocurrency growth periods are more like fast-paced sprints (short but intense). However, it’s important to remember that when cryptocurrencies experience rapid increases and fear of missing out (FOMO) sets in, scammers often take advantage. They capitalize on the hype, using it as a means to engage in illegal activities.

In the absence of a defined regulatory structure so far, potential dangers loom larger. With ex-President Trump back in power and a Congress more favorable towards cryptocurrency, it seems that regulatory reform is just around the corner. However, if appropriate funding for enforcement isn’t provided, what risks do investors take on?

2024’s election outcome might signify a crucial milestone in cryptocurrency’s timeline. Will the forthcoming administration led by Trump be able to meet the test of fostering more groundbreaking developments in cryptocurrency, while simultaneously ensuring user and investor security?

Why Enforcement and Protection Should Still be a Priority

2023 saw a significant rise in cryptocurrency prices, coinciding with an alarming increase in crypto-related scams and frauds. The FBI’s Crypto Fraud report revealed that a whopping $5.6 billion was lost to such activities, with 70% of these losses being traced back to investment scams.

In our increasingly digital landscape, the surge in Bitcoin ATM scam losses over the past few years, particularly the 10-fold increase from 2020 to mid-2024, makes the problem more tangible and concerning. For instance, a staggering $65 million was swindled through Bitcoin ATMs just within the first half of 2024. The Federal Trade Commission reports an average loss of approximately $10,000 per incident. These figures underscore the financial harm these scams cause and reveal weaknesses that need to be addressed to safeguard consumers and discourage fraudsters – a crucial step as cryptocurrencies continue to grow in use and acceptance.

2024 saw the U.K. government modify its policies to deal directly with an increase in criminal activities involving cryptocurrencies. These modifications included legislative changes that empowered law enforcement agencies to conduct more efficient investigations, seize, and recover illicit digital assets. Some of the key strategies implemented were:

1. Allowing asset seizures without the need for prior arrests.
2. Confiscating relevant investigation materials such as passwords.
3. Transferring seized assets into wallets controlled by law enforcement agencies.
4. Destroying privacy coins when required to ensure transparency and prevent further misuse.
5. Enabling victims of crypto-related crimes to reclaim their stolen funds.

One approach to rephrase the statement could be: It’s important to strike a balance when applying regulations, making sure that they align with those used in the U.K., all while safeguarding the privacy and autonomy of cryptocurrency users.

In order to uphold its status as a world-renowned authority in financial governance, the U.S. should develop systems conducive to innovation yet protective of market participants against unscrupulous entities. Furthermore, it’s crucial to redirect resources towards probing and penalizing illegal activities.

The core issue is unclear regulations that have long been a challenge for the cryptocurrency sector. In 2024, Bitcoin and Ethereum Spot ETFs received approval, but enforcement actions against significant crypto entities became more frequent, which critics argue demonstrates a conflicting approach to regulation. This ambiguity hinders innovation and forces companies to grapple with an inconsistent regulatory environment.

As a researcher, I’ve identified a crucial initial step for the incoming Trump administration in addressing complex compliance issues at a high level: defining distinct roles and responsibilities between agencies such as the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC), thereby eliminating any overlapping regulations or ambiguous rules. However, this action alone does not fully tackle the broader problem.

Protecting Investors Protects Crypto’s Growth Potential

The robustness of compliance frameworks depends significantly on the entities responsible for investigating and implementing them. Adequate compliance necessitates not just corporate investments but also commitment from regulatory bodies. When there’s no one to enforce the rules, unscrupulous individuals face minimal consequences. Over time, it has been observed that regulatory agencies have struggled to provide adequate oversight, particularly in the rapidly advancing digital assets sector, especially at state levels. The current administration under Trump now has a chance to focus on increasing investments in specialized enforcement resources. This would empower agencies with the necessary tools, expertise, and technology to keep pace with complex malicious actors.

For instance, we could work towards enhancing communication pathways between law enforcement agencies for a more seamless collaboration and foster alliances with private entities to keep a check on unlawful activities in the digital currency sector. This approach could also lead to a more nuanced enforcement strategy when it comes to regulating the crypto market, moving away from overly aggressive tactics.

Agencies can enhance their ability to monitor, investigate, and bring charges against illegal activities by setting aside funds for educating staff about digital assets and creating custom resources. Furthermore, both public and private sectors investing in blockchain analysis technology could lead to more efficient tracking of transactions, discouraging wrongdoers and facilitating the recovery of stolen assets in cases of fraud.

Implementing this strengthened approach for enforcing regulations would not just safeguard consumers, but it would also boost the credibility and prestige of the American digital assets market on a worldwide level.

As a crypto investor, I am optimistic about what the future holds under a pro-crypto President and Congress. The path ahead will necessitate open dialogue, calculated investments, and a dedication to collaboration between industry pioneers and regulators. This juncture presents an opportunity to reshape the U.S. digital asset landscape significantly, potentially establishing a benchmark for global standards.

This article represents the personal opinions of the writer; they may not align with the views of CoinDesk, Inc., its proprietors, or its related entities.

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2025-01-14 00:36