Blockchain & Cryptocurrency Lawyers Compliance Specialists Representing Businesses, Investors and Entrepreneurs in Matters Related to Web3, Blockchain and DeFi
Although blockchain has only been around for a decade, it’s taken the world by storm. Of course, the most known example of blockchain technology is bitcoin, which currently has a market cap of over $18 billion. However, blockchain technology supports countless other cryptocurrencies, peer-to-peer payment applications, NFT marketplaces, supply-chain monitoring, video games and more. And it would be hard to find anyone who thinks that blockchain’s role in society is going to do anything but increase—likely at a substantial pace.
The arrival of blockchain has drastically changed the way business is conducted online. However, with new opportunities comes new risk. The CFTC, IRS, SEC, and other federal authorities have begun cracking down on blockchain companies, as well as those with whom they do business, including cryptocurrency companies and cryptocurrency investors. The result is that anyone who is dealing in the new landscape of blockchain needs to ensure they remain up-to-date with the ever-changing legal landscape to avoid unwanted federal scrutiny.
Blockchain Lawyers Help Individuals and Businesses Understand the Legal Landscape to Ensure Compliance
At the law firm of Oberheiden P.C., our blockchain lawyers represent companies and individuals around the world in a wide range of federal matters involving blockchain and cryptocurrencies. Our attorneys include several former federal prosecutors with decades of experience working for the U.S. Department of Justice and the U.S. Attorney’s Office. Given our experience, dedication, and vast knowledge of this complex and frequently misunderstood field, we’ve developed a nationwide reputation for being one of the best blockchain law firms in the country. We also work with a national network of blockchain compliance and litigation consultants who previously worked with the IRS, SEC, Federal Bureau of Investigation (FBI), and other federal agencies. This gives us unrivaled insight into the current state of the law and where it’s likely to go in the future, enabling us to offer sound, actionable advice to our clients.
Our cryptocurrency lawyers and consultants enjoy a successful record of helping countless clients avoid federal inquiries through effective compliance consulting. We also have an extensive record of successfully defending clients facing federal investigations and prosecutions. Regardless of the situation you face, we are available to immediately intervene on behalf of you or your company to lessen the risk of federal charges. We are available at your convenience 24/7, so contact us for a free and confidential case assessment today.
Cryptocurrency and Blockchain Compliance and Defense Services
At Oberheiden, P.C., we provide a comprehensive suite of compliance and defense services for blockchain and cryptocurrency matters. Regardless of the specific needs, we encourage you to contact us to learn how we can help. Some examples of our services in the areas of blockchain and cryptocurrency compliance and defense include:
Compliance is difficult for blockchain technology companies for several reasons. Most notably, the regulations governing these companies are new and frequently changing, making it difficult to understand compliance requirements. We assist blockchain technology companies with navigation of the complicated, de-centralized, and rapidly-expanding federal regulatory framework they operate in. We provide entrepreneurs and executives with information and analysis, enabling them to make the best decisions for their business while avoiding unwanted government scrutiny. We also offer flexible solutions to help blockchain companies adapt to rapidly evolving legal obligations.
Cryptocurrency Forks, Halving, and Other Issues
For cryptocurrency companies, exchanges and investors, forks, halving, and other events can present compliance concerns. At Oberheiden, P.C., our cryptocurrency lawyers can explain your compliance obligations in clear terms so you can make informed decisions that keep you out from underneath the federal government’s microscope.
Cryptocurrency mining is an integral part of the blockchain expansion. It is also subject to increasingly strict regulation from the federal government. Large-scale cryptocurrency mining presents many potential legal and regulatory issues, and cryptocurrency miners must ensure that their operations are in full compliance to avoid being at the center of a federal government cryptocurrency investigation.
As cryptocurrency becomes more accepted, traditional companies are looking for ways to get into the new asset class. Oberheiden, P.C. cryptocurrency lawyers advise and represent companies and investors with respect to all aspects of cryptocurrency transactions. Whether you are dealing with cryptocurrency transactions that span national borders or have questions about the income tax implications of your cryptocurrency trades, we help you see the complete picture so that you can make informed decisions.
General Corporate and Tax Compliance
When establishing or running a blockchain company, cryptocurrency company, or other business in the blockchain or digital currency arena, it is essential to ensure you remain compliant with the ever-changing laws and regulations. For decades, Oberheiden, P.C. has been a leading federal compliance law firm, assisting companies and executives across all industries in fulfilling their general compliance obligations.
Smart contracts are self-executing contracts that rely on blockchain technology to store the terms of the contract, as well as offer and acceptance. While smart contracts are starting to see an increase in use, there is still a long way to go before they gain mainstream acceptance. Oberheiden, P.C. helps companies understand how smart contracts can be used to accomplish their goals. Once we pin down your exact needs and develop a strategic plan, we can assist in the creation and implementation of smart contracts in your business. We also represent clients in federal regulatory matters when the need arises.
Blockchain and Cryptocurrency Fraud Defense
The best defense against the possibility of blockchain or cryptocurrency fraud is by ensuring compliance before problems arise. However, given the relatively new and ever-changing nature of blockchain regulations, many companies with the best of intentions end up facing federal fraud charges based on actions they didn’t know were prohibited.
At Oberheiden, P.C., we represent individuals and organizations who are facing investigations and other inquiries by the CFTC, IRS, SEC, and other federal agencies. We also defend clients facing civil and criminal proceedings brought by the DOJ and the U.S. Attorney’s Office arising out of a wide range of blockchain and cryptocurrency fraud, including:
Bank, Computer, and Corporate Fraud
The DOJ and other federal agencies have been cracking down on fraud crimes involving Bitcoin and other cryptocurrencies. In most cases, prosecutors bring charges of bank fraud, computer fraud, identity theft, and corporate fraud.
Hacking, Theft, Scamming, and Other Computer Crimes
Data breaches stemming from hacking incidents, ransomware attacks, malware installations and other cyberattacks are becoming more common. In response, the federal government is taking an aggressive approach to the prosecution of those involved—even on only a tangential level. These computer crimes are at the top of the federal government’s list of priorities.
Money Laundering Involving Cryptocurrency and Blockchain Technology
The relative anonymity of cryptocurrency and the De-Fi movement has led to Bitcoin and other digital currencies being used for a wide range of illegal purposes. One of the most common illegal uses of cryptocurrency involves using it to engage in money laundering. The federal government is privy to this and has allocated its prosecutorial resources accordingly.
Tax Evasion and Tax Fraud
Gains made while trading cryptocurrency are taxable. However, the IRS reports that a significant percentage of cryptocurrency traders are not reporting their gains as income. The IRS is on high alert for cryptocurrency owners, both individuals and corporations, who fail to report their holdings and transactions on their federal income tax returns. The IRS began sending warning letters in 2019, and it has signaled its intent to aggressively pursue violators that fail to report taxable transactions and meet their federal income tax obligations. The IRS even included a question on the top of 1040 tax forms inquiring about whether a filer engaged in any cryptocurrency transactions.
Blockchain and Cryptocurrency Investment Fraud
Over the past few years, investment fraud scams involving blockchain technology companies and cryptocurrencies have skyrocketed. The SEC and other federal regulators are actively monitoring the market for signs of investment scams and working with aggrieved investors to hold those who orchestrate these scams legally accountable. However, with this zealous approach comes the risk that companies offering legitimate investment opportunities may get swept into a federal investigation.
Fraudulent Initial Coin Offerings (ICOs)
As cryptocurrency becomes more mainstream, the average level of investor knowledge is decreasing. This has led to a dramatic increase in the number of fraudulent coin offerings, targeting investors who don’t want to miss out on the “next Bitcoin.” While initial coin offerings shouldn’t raise suspicion on their own, the fact that so many have been fraudulent is causing the SEC to take a very close look at each ICO. Failure to register, fraudulent registration, and other statutory violations can lead to substantial penalties for companies and their owners.
Frequently Asked Questions:
Are Cryptocurrency Transactions Taxable?
Yes, you must pay income tax on any gains you realized through cryptocurrency trading. According to the IRS, cryptocurrency or “virtual currency, as the IRS calls it, constitutes “property” under the U.S. tax code. Thus, any cryptocurrency gains are subject to federal income tax. On the other hand, if you lost money on a cryptocurrency investment, you can write off your cryptocurrency losses as investment losses. Those with questions about the taxability of cryptocurrency should reach out to an experienced cryptocurrency and blockchain lawyer at Oberheiden, P.C.
What Are Smart Contracts?
A smart contract is a self-executing, written agreement that is drafted in computer code and maintained by blockchain technology. The offer, acceptance, terms and transactions stored on the blockchain cannot be modified or deleted. In this way, blockchain is immutable and protects against third-party interference.
Smart contracts offer several benefits, including:
- Smart contracts rely on deregulated blockchain technology, meaning there is no need for brokers or other third parties who could interfere with the contract;
- All data relating to the smart contract is backed up on the blockchain;
- Smart contracts are encrypted, making them impervious to infiltration;
- Smart contracts are auto-executing, which can save valuable time;
- Smart contracts reduce the possibility of human error.
Which Federal Agencies Oversee Cryptocurrency and Blockchain Technology?
Blockchain technology and cryptocurrency are regulated heavily by the federal government, most notably by the IRS, SEC, and CFTC. However, one of the most important actors in blockchain regulation is the U.S. Department of Justice. While these other agencies can bring an enforcement action, such cases are usually civil in nature. However, in the event another federal agency determines that a party engaged in cryptocurrency fraud or blockchain fraud, the agency will notify the DOJ, which may pursue criminal charges. For this reason, it is imperative that anyone facing an inquiry from the federal government responds promptly and effectively, preferably through an experienced blockchain and cryptocurrency lawyer.
Are You or Your Company in Need of Blockchain Compliance or Defense Representation?
If you or your company is under federal investigation for any blockchain-related matter, the cryptocurrency and blockchain lawyers at Oberheiden, P.C. are here to help. We assist with compliance matters as well as represent clients facing civil or criminal inquiries by the CFTC, DOJ, FBI, IRS, and SEC. To learn more, and to schedule a free consultation, contact Oberheiden, P.C. today.