Law Enforcement Warns of Crypto Fraud Loopholes in CLARITY Act

• Expert groups have called out critical gaps in the CLARITY Act ahead of the Senate decision. 
• John Breyault warned the CLARITY Act could enable more crypto fraud and money laundering. 
• Industry supporters say the CLARITY Act provides clearer rules for crypto firms and law enforcement.

Law enforcement and financial experts have warned of potential gaps in safeguards identified in the CLARITY Act, which is potentially scheduled for a vote in the US Senate this July. They believe such gaps could create loopholes that criminals could capitalize upon to proliferate financial crimes.

The CLARITY Act seeks to bring cryptocurrency under a single legal framework in the US. The bill’s sponsors believe it will end years of the industry operating in gray areas, filling a regulatory vacuum, and providing law enforcement with new tools to address crime.

While CLARITY Act defenders consider it a significant step toward the development of the crypto industry in the US, critics argue it contains dangerous loopholes and does not hold all crypto services to stringent regulatory standards.

Will the CLARITY Act Enable Fraud?

Recently, interested groups, including the National Sheriffs’ Association and the National Association of Assistant U.S. Attorneys, have written to Congress over the bill. They complained about the bill’s potential to create regulatory exemptions for certain crypto services used by criminals to obfuscate their fund flows.

John Breyault, vice president of public policy, telecommunications, and fraud for the National Consumers League, reportedly said that the bill would allow fraud in the crypto industry. According to Breyault, such fraud, where criminals use crypto to launder their gains, will proliferate under the proposed CLARITY Act.

Similarly, Scott Greytak, deputy executive director of Transparency International, criticized the bill for not establishing clear obligations requiring crypto firms to respond promptly to fraud investigations, preserve records, assist law enforcement in tracing stolen assets, or otherwise facilitate victim recovery. 

According to Greytak, detectives and prosecutors can still be left without the information and cooperation they need, even when an identifiable company like Circle is involved. 

Crypto Supporters’ Perspective

Meanwhile, most crypto proponents and industry backers argue that the bill improves upon the current system. According to Stephanie Talamantez, senior managing director at the advisory firm Guidepost Solutions, the CLARITY Act is a step in the right direction in giving companies and law enforcement guidance. Talamantez noted that some of the areas excluded from anti-money laundering laws are “notoriously difficult” to regulate.

Related: Crypto Bill CLARITY Act Odds Slip to 48% Before August Deadline