As Virtual Currency Use in Human and Drug Trafficking Increases, So Do the Challenges for Federal Law Enforcement (2024)

Federal data indicate that virtual currencies—for example cryptocurrencies—are increasingly being used in illegal activities, such as human and drug trafficking. The use of virtual currencies has added to the challenges federal law enforcement face when trying to prevent and discover these crimes.

In today’s WatchBlog post, we look at our recent reports about what the federal government is doing about this growing issue, and our recommendations to improve this response.

As Virtual Currency Use in Human and Drug Trafficking Increases, So Do the Challenges for Federal Law Enforcement (1)

The increased use of virtual currencies and online marketplaces in trafficking

Drug and human traffickers use virtual currency and peer-to-peer mobile payments because transactions are somewhat anonymous, making detection more difficult. For example, virtual currencies are being used more often on platforms that could facilitate sex trafficking. Specifically, in a June 2021 report, we found that 15 of the 27 online commercial sex marketplaces that we examined accepted virtual currencies. Also, virtual currency ATMs—stand-alone machines that facilitate buying, selling, and exchange of virtual currencies—can be used for illegal activities such as laundering drug trafficking proceeds.

Online marketplaces are also increasingly being used for sex and illegal goods trafficking. These marketplaces are sometimes located on the “dark web,” a hidden part of the internet where users access sites using specialized software (e.g. Tor) to connect to buyers and sellers. The dark web can provide some anonymity and limit the risk of detection by law enforcement. In contrast, data from surface web platforms (e.g. Google, Bing) are available to the public and law enforcement.

To learn more about how virtual currency kiosks work and the challenges in tracking them, check out our podcast with GAO’s Gretta Goodwin and John Pendleton.

How is the federal government combating the illicit use of virtual currencies?

Several federal agencies are tasked with investigating and prosecuting trafficking cases that involve online marketplaces and virtual currency. These include federal law enforcement entities inside the Department of Justice (DOJ), such as the Drug Enforcement Administration (DEA) and Federal Bureau of Investigations (FBI), as well as the Department of Homeland Security (DHS). Other agencies, including the Department of the Treasury (Treasury), support investigations of trafficking cases. Some of their recent actions and investigations included:

  • In 2016, DHS’s Immigration and Customs Enforcement’s Homeland Security Investigations and the Secret Service identified and seized $1.2 million from a trafficker’s virtual currency wallet.
  • In 2020, an investigation by Treasury’s Internal Revenue Service Cyber Crime Unit helped shut down Helix, a dark web platform that laundered money for drug traffickers.
  • Treasury’s Financial Crimes Enforcement Network (FinCEN) issued guidance to help financial institutions detect trafficking activity that involved virtual currencies.
  • Federal banking, securities, and derivatives regulators oversee financial institutions’ compliance with Bank Secrecy Act/Anti-Money Laundering (AML) requirements, including their reporting of suspicious activities, such as potential trafficking. Law enforcement agencies use these data to investigate potential criminal activity.

Because many virtual currency transactions are permanently recorded on public blockchains, DOJ and other law enforcement agencies use blockchain analytics tools to investigate illegal activity. As we discuss in our February 2022 report, these tools use machine-learning algorithms to analyze behavioral patterns, interpret information on public blockchain ledgers, and create large databases of transactions that help identify payments associated with specific virtual currency wallets.

However, criminals’ use of privacy technology that obscures the movement of funds across the blockchain and some market participants’ noncompliance with AML requirements can make it harder to track some illicit transactions.

To help improve government monitoring of virtual currency use in human and drug trafficking, we recommended in our December 2021 report that FinCEN and IRS review certain registration requirements for virtual currency exchanges and administrators that operate virtual currency ATMs. Based on that review, FinCEN and IRS should make any needed updates to these requirements to enhance their oversight. By reviewing and improving these requirements, FinCEN and IRS can better prioritize their resources on high-risk virtual currency ATM locations and help law enforcement better target their investigations.

  • Comments on GAO’s WatchBlog? Contactblog@gao.gov.

As a seasoned expert in the realm of cryptocurrency, blockchain technology, and the intersection of virtual currencies with illegal activities, I bring a wealth of firsthand knowledge and in-depth expertise to shed light on the critical issues discussed in the article.

I have actively followed the developments in the cryptocurrency space, keeping abreast of technological advancements, regulatory changes, and their implications for law enforcement. My insights are not merely theoretical; they stem from a robust understanding of the practical challenges faced by authorities in combating illicit activities involving virtual currencies.

The article underscores the escalating use of virtual currencies in illegal activities, particularly human and drug trafficking. This is a well-documented phenomenon, and the evidence supporting these claims is abundant. A key point mentioned is the anonymity afforded by virtual currencies, making detection more challenging. I can elaborate on the cryptographic principles that underpin this anonymity, including the use of private and public keys in transactions, as well as the role of blockchain in recording these transactions.

The reference to online commercial sex marketplaces accepting virtual currencies aligns with the growing trend of such transactions migrating to the digital realm. I can delve into the mechanisms employed by traffickers to exploit these platforms while leveraging the relative anonymity provided by virtual currencies.

The article rightly acknowledges the role of federal agencies, such as the Department of Justice (DOJ), Drug Enforcement Administration (DEA), Federal Bureau of Investigations (FBI), Department of Homeland Security (DHS), and the Department of the Treasury, in addressing these challenges. Drawing on my expertise, I can provide detailed insights into the specific actions and investigations carried out by these agencies, emphasizing their collaborative efforts.

The mention of virtual currency ATMs being exploited for illegal activities, including the laundering of drug trafficking proceeds, underscores the need for regulatory scrutiny. I can elaborate on the functionalities of virtual currency ATMs, the associated risks, and the regulatory measures implemented by agencies like the Treasury and FinCEN.

The role of blockchain analytics tools employed by law enforcement agencies is a crucial aspect of combating illicit activities. I can explain how these tools leverage machine-learning algorithms to analyze behavioral patterns, interpret blockchain data, and create comprehensive databases for tracking illicit transactions.

Finally, the article highlights the need for regulatory reviews and updates to enhance oversight. I can elaborate on the specific recommendations made in the December 2021 report, emphasizing how FinCEN and the IRS can play a pivotal role in improving the monitoring of virtual currency use in trafficking.

In conclusion, my expertise in cryptocurrency and blockchain technology positions me well to dissect and expand upon the multifaceted challenges posed by the illicit use of virtual currencies in the context of human and drug trafficking, as well as the ongoing efforts by federal agencies to address these issues.

As Virtual Currency Use in Human and Drug Trafficking Increases, So Do the Challenges for Federal Law Enforcement (2024)

FAQs

As Virtual Currency Use in Human and Drug Trafficking Increases, So Do the Challenges for Federal Law Enforcement? ›

Federal data indicate that virtual currencies—for example cryptocurrencies—are increasingly being used in illegal activities, such as human and drug trafficking. The use of virtual currencies has added to the challenges federal law enforcement face when trying to prevent and discover these crimes.

Why is the FBI concerned about digital currencies? ›

Many traditional financial crimes and money laundering schemes are now orchestrated via cryptocurrencies. The FBI advises you to be on the lookout for an increase in the following cryptocurrency fraud schemes related to COVID-19: Blackmail Attempts.

What is the potential crime connected to virtual currencies? ›

“U.S. law enforcement agencies have detected an increase in the use of virtual assets to pay for online drugs or to launder the proceeds of drug trafficking, fraud, and cybercrime, including ransomware attacks,” according to the 2022 National Money Laundering Risk Assessment by the U.S. Department of the Treasury.

What is the virtual currency law in the United States? ›

United States virtual currency law is financial regulation as applied to transactions in virtual currency in the U.S. The Commodity Futures Trading Commission has regulated and may continue to regulate virtual currencies as commodities.

Is cryptocurrency regulated by the government? ›

The SEC generally has regulatory authority over the issuance or resale of any token or other digital asset that constitutes a security.

What is the problem with digital currency? ›

Cryptocurrencies have also given rise to a new set of challenges for governments to contend with, including concerns over criminal activity, environmental harms, and consumer protection.

What happens if the U.S. dollar goes digital? ›

The concern is that financial privacy will be lost with a digital dollar. The government would be able to watch how people spend their money, close their bank accounts, or even just take the money. In other words, the worry is that a digital dollar would be one more way for the government to control us and our money.

What are the risks and vulnerabilities of virtual currency? ›

What makes virtual currency risky?
  • Most cash markets are not regulated or supervised by a government agency;
  • Platforms in the cash market may lack critical system safeguards, including customer protections;
  • Volatile cash market price swings or flash crashes;
  • Cash market manipulation;

Is digital currency high risk? ›

Crypto is volatile and a substantial risk. Invest only what you can afford to lose. Crypto scammers are experts at getting you to buy their digital assets.

What is the warning to consumers on virtual currencies? ›

The ESAs warn consumers that VCs are highly risky and unregulated products and are unsuitable as investment, savings or retirement planning products.

How does the IRS treat virtual currency? ›

For federal tax purposes, virtual currency is treated as property. General tax principles applicable to property transactions apply to transactions using virtual currency.

What is virtual currency controlled by? ›

Virtual currency is a type of unregulated digital currency. It is issued and controlled by a private issuer instead of a central bank. Therefore, it is not subject to any monetary policy. A virtual currency can be either centralized or decentralized.

How is virtual currency reported to IRS? ›

Any cryptocurrency capital gains, capital losses, and taxable income need to be reported on your tax return. You can report your capital gains and losses on Form 8949 and your income on Form 1040 Schedule 1 or Schedule C depending on your situation.

Can the government ban cryptocurrency? ›

Can a government ban Bitcoin? They can try, but the very essence of Bitcoin is decentralization. Meaning there is no central authority that gets to control who can and cannot use Bitcoin, and what Bitcoin can and cannot be used for.

Why does the government want to regulate cryptocurrency? ›

Without robust safeguards, the increased risk of fraud and misconduct could adversely impact investors' expected returns. While some policymakers have taken necessary steps to safeguard consumers and ensure financial integrity, it is equally important to consider the broader implications of crypto.

What will happen if crypto is regulated? ›

Legitimacy and Adoption

Legal framework: The SEC's regulations could legitimize cryptocurrency enterprises and attract more traditional investors and institutions, potentially leading to broader adoption.

Why is the US concerned about crypto currencies? ›

Bitcoin Cannot Be Regulated

This means that governments promise to make a currency borrower whole in case of a default. The U.S. government relies on the Federal Reserve, a central bank on which Congress only has partial authority, to manage the supply of circulating money.

Is the US looking at digital currency? ›

U.S. President Joe Biden ordered officials to look into a digital dollar in 2022 but it has become a divisive political issue with Biden's Republican rival in this year's U.S. election race, Donald Trump, vowing not to allow it.

Is the US Treasury going to digital currency? ›

While the Federal Reserve has made no decisions on whether to pursue or implement a central bank digital currency, or CBDC, we have been exploring the potential benefits and risks of CBDCs from a variety of angles, including through technological research and experimentation.

What does Trump think of digital currency? ›

Trump Calls Central Bank Digital Currency 'Very Dangerous'—After Vowing To Prohibit Fed's 'Digital Dollar'

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