ABSTRACT
This chapter provides an analysis of legal mechanisms to addressing fraud and scams involving cryptocurrency, drawing on both practical legal experience and the new comparative economics. Although illicit transactions account for a small portion of total cryptocurrency transaction volumes, individuals incur significant private losses and there are unique enforcement challenges in the Web3 ecosystem. The prevalent legal approach to addressing cryptocurrency-based fraud is though public enforcement mechanisms. This chapter argues that in some circumstances private law and civil litigation mechanisms can offer a more efficient mechanism for addressing cryptocurrency-based fraud with tools to identify perpetrators, tailored legal claims, and secure assets. The chapter concludes by making recommendations to enhance these private law remedies.
Lane, Aaron M, Private Law Remedies for Cryptocurrency Fraud (December 5, 2024).
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