Why Investor Protection and Enforcement Still Matters

Public-private forensics partnerships are necessary to ensure that scams don’t rise with crypto prices this cycle, says Nick Steegmans, VP of Training and Investigations, Crystal Intelligence.

Jan 13, 2025, 9:26 p.m. UTC

Until recently, it was “green candle galore” in the crypto markets since Trump’s election win. Bitcoin momentarily broke the all-important $100,00 level, a near 500% recovery from the 2022 Crypto Winter lows, and optimism for crypto is even reaching Congress, where talks of a U.S. National Bitcoin Reserve are gaining serious steam.

If stock market bull runs are marathons, crypto bull runs are breakneck sprints. But buyer beware: when crypto surges and FOMO takes hold, scammers seize the moment, turning hype into a goldmine for illicit activity.

With no clear regulatory framework yet in place, the risks are amplified. As former President Trump returns to office with a more pro-crypto Congress, regulatory change feels imminent. But what risks do investors face if enforcement measures are not adequately funded?

The 2024 election results could mark a pivotal chapter in crypto’s history. Can the new Trump Administration rise to the challenge to not just unlock greater innovation in crypto, but also better protect its users and investors?

Why Enforcement and Protection Should Still be a Priority

Crypto bull runs are often accompanied by a surge in scams and fraud. In 2023 alone, a period of rising prices, the FBI’s Crypto Fraud report showed that there was $5.6 billion in reported losses tied to crypto scams and fraud. A staggering 70% ($3.9 billion) of these losses stemmed from investment scams.

While phishing scams are prevalent in a digital world, the tenfold rise in Bitcoin ATM scam losses from 2020 to midway through 2024 paints the issue in a tangible way. $65 million in just the first six months of 2024 was stolen via Bitcoin ATMs, with the average loss at about $10,000 according to the Federal Trade Commission. Collectively, these figures show the financial damage and expose gaps that must be addressed to protect consumers and deter bad actors – especially if crypto is going to continue to gain traction and popularity.

The U.K. has shown how government policy can adapt to address the rise in crypto-related crime directly. In 2024, legislative updates were made to allow law enforcement to more effectively investigate, seize, and recover illicit crypto assets. Key measures include allowing asset seizures without prior arrests, confiscating investigation-related items like passwords, transferring assets to law enforcement-controlled wallets, destroying certain cryptoassets like privacy coins when necessary, and enabling victims to reclaim their funds.

The challenge is finding a balance between the measures implemented in the U.K., while also ensuring the privacy and sovereignty of crypto users.

To maintain its reputation as a global leader in financial regulation, the U.S. must establish frameworks that foster innovation while safeguarding market participants from bad actors, and refocus efforts on investigating criminal activity.

At the heart of the problem lies regulatory ambiguity, which has plagued the crypto industry for years. In 2024, despite spot Bitcoin and Ethereum ETFs gaining approval, enforcement actions against major crypto institutions intensified, something critics cite as a contradictory approach to oversight. This uncertainty stifles innovation and leaves companies struggling to navigate an inconsistent regulatory landscape.

For the incoming Trump administration, there is an obvious starting point to solving high-level compliance issues: creating a clear division of responsibilities between agencies like the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) to eliminate regulatory overlap or opaque rules. But that only partially solves the larger problem.

Protecting Investors Protects Crypto’s Growth Potential

Compliance frameworks are only as strong as those investigating and enforcing them. Effective compliance requires investment — not only from individual companies but also from enforcement agencies. If nobody is there to enforce the rules, bad actors have little to fear. Historically, regulatory agencies have lacked the specialized resources necessary to oversee the fast-evolving digital assets landscape, especially at the state level. The Trump administration now has an opportunity to prioritize investment in specialized enforcement capabilities, equipping agencies with the tools, talent, and technology to stay ahead of sophisticated bad actors.

For example, this could involve creating deeper channels for law enforcement collaboration and facilitating public-private partnerships to monitor and prevent illegal activities in the digital asset space. It could also significantly reduce the heavy-handed enforcement approach currently being applied to the crypto industry.

By allocating funds to train personnel and develop resources tailored to digital assets, agencies can better track, investigate, and prosecute illicit activities. Additionally, public and private investments in blockchain analytics tools could enable more effective tracking of transactions, deterring bad actors and aiding in asset recovery in cases of fraud.

This bolstered enforcement strategy would not only protect consumers but also enhance the legitimacy and reputation of the U.S. digital asset market on the global stage.

What will crypto look like under a pro-crypto President and Congress? To me, the future is exceptionally bright. However, the way forward will require active dialogue, strategic investments, and a commitment to collaboration between industry leaders and regulators. This moment has the potential to redefine the digital asset landscape in the U.S., setting a high standard for the world.