WEBVTT - What Happens When Cops Seize Crypto and Bitcoin

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<v Speaker 1>I'm Stacy Marie Ishmael, Managing editor of Crypto for Bloomberg News,

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<v Speaker 1>And this is Bloomberg Crypto, a daily Bloomberg I heard podcast.

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<v Speaker 1>It's Monday, August one. Picture this. You're the FBI trying

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<v Speaker 1>to track down the digital keys that will give you

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<v Speaker 1>access to illicit or stolen crypto. You're rifling through books,

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<v Speaker 1>paper stuffed in suitcases, You're tearing open gum wrappers. It's

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<v Speaker 1>like something out of a movie. But in the world

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<v Speaker 1>of crypto, these odd nooks and crannies have become totally

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<v Speaker 1>normal places for law enforcement to look for digital passwords alone.

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<v Speaker 1>Cops in the U S and the UK sees billions

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<v Speaker 1>of dollars in crypto assets from various different criminal busts.

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<v Speaker 1>With so much money on the line, enforced agencies around

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<v Speaker 1>the world have had to learn and learn quickly how

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<v Speaker 1>to spot these digital assets and seize them from accused criminals. Today,

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<v Speaker 1>I'm joined by Bloomberg reporters Ellen Milligan. They are spending

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<v Speaker 1>all this taxpayer money to train these police officers in crypto,

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<v Speaker 1>and then they're losing them. And David Vorriacos while the

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<v Speaker 1>crypto was in the possession of the US government stole

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<v Speaker 1>it from right under their noses. To discuss how the

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<v Speaker 1>seizures of digital assets are transforming policing policies and protocols

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<v Speaker 1>around the world. Ellen David, thank you so much for

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<v Speaker 1>joining us today. Thanks for having us. We're going to

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<v Speaker 1>talk about something kind of weird, which is how do

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<v Speaker 1>police officers sees imaginary money? And I don't just mean

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<v Speaker 1>imaginary in the sense of contested valuation. I mean imaginary

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<v Speaker 1>as in not cash, not physical, not things that you

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<v Speaker 1>can sort of wrap your head around. You know, people

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<v Speaker 1>are breaking down the door and they're like, freeze and

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<v Speaker 1>we're gonna take all your stuff. You have been writing

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<v Speaker 1>about what happens when cops sees crypto. Tell us more

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<v Speaker 1>about what that's like. Well, police traditionally have sees physical

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<v Speaker 1>items like jewelry, cash, cars, boats, planes, and with crypto,

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<v Speaker 1>they have to know that it's there, and they have

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<v Speaker 1>to be educated enough about the process to understand that

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<v Speaker 1>it has value and there are are unusual ways to

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<v Speaker 1>access it. And so that's what we wrote about. The

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<v Speaker 1>police around the world are educating themselves on what crypto

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<v Speaker 1>is and how to access it. Then once they get it,

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<v Speaker 1>how they store it and how they sell it and

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<v Speaker 1>ellen what does that look like. Well, really, there's a

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<v Speaker 1>few different elements to this. Like David said, there's the

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<v Speaker 1>seizing of the crypto and discovering it, which is easier

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<v Speaker 1>said than done, because often there's not a physical element

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<v Speaker 1>to crypto. Sometimes there is like kind of hardware device

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<v Speaker 1>that crypto wallets kept on or something like that, but

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<v Speaker 1>often these are digital assets, and to discover them and

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<v Speaker 1>then to seize them, you need a seed phrase that

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<v Speaker 1>accesses the crypto wallet. So even if you're holding a

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<v Speaker 1>keep key device for example, police won't know how much

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<v Speaker 1>bitcoin or another cryptocurrency is held on there until they

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<v Speaker 1>can access it using this kind of password. And then

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<v Speaker 1>they're storing it once they've seized it. How do they

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<v Speaker 1>keep this asset safe often for years while you go

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<v Speaker 1>through a criminal trial and then a forfeiture order. Um,

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<v Speaker 1>there's real security issues with hacks for example, but also

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<v Speaker 1>there's you know, in some cases there have been corrupt

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<v Speaker 1>police officers who have taken it for themselves. Um. And

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<v Speaker 1>then the last element is how you release that that cryptocurrency, UM,

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<v Speaker 1>if you give it back to victims or what value

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<v Speaker 1>you give it back to victims if the state keeps it.

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<v Speaker 1>These are the questions that law enforcement has been grappling with.

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<v Speaker 1>And what David and I really discovered is there's no

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<v Speaker 1>standardized procedure of the way that people do this. Everyone,

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<v Speaker 1>as in any of the parts, like each one is

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<v Speaker 1>idiosyncratic exactly, and every different law agency around the world,

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<v Speaker 1>and different law agencies within the same countries do it differently.

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<v Speaker 1>And the police, like the rest of the world when

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<v Speaker 1>it comes to crypto, have had to learn this as

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<v Speaker 1>they go along, and inevitably mistakes have been made along

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<v Speaker 1>the way, and they're still grappling with this. So you

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<v Speaker 1>mentioned kind of three elements, each of which sounds hilariously complicated.

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<v Speaker 1>So let's let's take one of each one in turn.

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<v Speaker 1>First of all, is the the identify kitian, right, like,

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<v Speaker 1>something suspicious is happening. We think that's a suspicious things

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<v Speaker 1>in crypto. We've figured out that that exists. What are

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<v Speaker 1>the steps involved in Okay, we think that this is suspicious.

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<v Speaker 1>We have, you know, good cause we have all the paperwork,

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<v Speaker 1>etcetera that's required. How do they even get those passwords

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<v Speaker 1>in the first place. Well, in identifying the suspicious crypto,

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<v Speaker 1>they can see the movement of crypto on the blockchain.

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<v Speaker 1>That is a public ledger ledger that they can see,

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<v Speaker 1>and they can. What they must first do is trace

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<v Speaker 1>it to criminal activity UH. And once they've traced it

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<v Speaker 1>to criminal activity, they can then get a court order

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<v Speaker 1>two seize wallets that are associated with UM, say stolen crypto.

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<v Speaker 1>At that point they can They cannot actually access those

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<v Speaker 1>wallets without the seed recovery phrases, and they can come

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<v Speaker 1>in different ways. They may be written on slips of paper,

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<v Speaker 1>They may get it from UM inside writers who are

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<v Speaker 1>familiar with it. But if they do not have those

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<v Speaker 1>seed recovery phrases, they can't. The police cannot access the crypto,

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<v Speaker 1>so they can't say compel and exchange to have that

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<v Speaker 1>crypto over to them. There's a case UM that's pending

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<v Speaker 1>in federal court in Washington in which UM, a guy

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<v Speaker 1>named Gary Harmon from Akron, Ohio, UM is alleged to

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<v Speaker 1>have stolen crypto right from out under the noses of

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<v Speaker 1>the Internal Revenue Service, which had seized crypto from Gary's

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<v Speaker 1>brother Larry Harmon, who pleaded guilty UM two charges associated

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<v Speaker 1>with running a crypto mixer and helping to obscure the

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<v Speaker 1>identity of crypto, and the federal government alleges that Gary Harmon,

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<v Speaker 1>while the crypto was in the possession of the U.

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<v Speaker 1>S Government, stole it from right under their noses and

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<v Speaker 1>has a value of many millions of dollars m. He's

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<v Speaker 1>scheduled to go to trial early next year, but there

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<v Speaker 1>have been negotiations that have been spelled out in court

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<v Speaker 1>papers in which uh, the federal government just wants the

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<v Speaker 1>seed recovery phrase so they can have the crypto, and

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<v Speaker 1>Gary Harmon's lawyers say that's essentially tantamount to him admitting

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<v Speaker 1>he committed the crime. Interesting, so all of the big

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<v Speaker 1>parts of jurisprudence that people might be familiar with now

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<v Speaker 1>being applied to the slightly more chaotic entities involved in crypto.

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<v Speaker 1>That sounds like fun. Ellen, you mentioned that that the

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<v Speaker 1>second part of this complex thing around storage. This seems

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<v Speaker 1>to be part of the problem the David is describing

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<v Speaker 1>if if another entity can just be like, nope, that's

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<v Speaker 1>mine and take it once that crypto has been seized

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<v Speaker 1>by the government or by the police, Like, what's going

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<v Speaker 1>on there? What are those fail safes? Exactly? And um,

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<v Speaker 1>a lot of these cases have come out of like

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<v Speaker 1>the teen time where there was kind of the last

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<v Speaker 1>big spike in crypto and then crashed before before spike UM,

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<v Speaker 1>and a lot of those cases came out of hacks,

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<v Speaker 1>and that just shows you even if the police are

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<v Speaker 1>holding it um and storing this crypto in their own

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<v Speaker 1>internal system or outsource system, there's still a danger that

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<v Speaker 1>that could be hacked. And when you've got cases like

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<v Speaker 1>the bit for next case that that David spoke about,

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<v Speaker 1>I mean, the whole world knows how much UM that

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<v Speaker 1>this law enforcement agency has ceased, and it becomes very vulnerable,

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<v Speaker 1>vulnerable because of that. I spoke to a small police

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<v Speaker 1>force in southern England for this story. They stumbled across

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<v Speaker 1>crypto for the first time accidentally really in twenty seventeen.

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<v Speaker 1>So this was a kidnapping case UM where a guy

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<v Speaker 1>was kidnapped. Turned out his house was a cannabis farm.

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<v Speaker 1>So they did some digging around and they found this

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<v Speaker 1>key key device which had a notepad attached to it

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<v Speaker 1>with two seed phrases and it had nine hundred grand

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<v Speaker 1>in bitcoin I think on it. And so what police

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<v Speaker 1>did is that there was no precedent for this. They

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<v Speaker 1>had no idea what to do. Most of them didn't

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<v Speaker 1>really know what crypto was. They bought their own keep

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<v Speaker 1>key device and they transferred UM the bitcoin from his

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<v Speaker 1>wallet to their wallet, their crypto wallet, and then they

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<v Speaker 1>kept this keep key device and the seed phrases in

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<v Speaker 1>a safe and only to hang on like a physical

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<v Speaker 1>a physical safe in the police station. And I need

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<v Speaker 1>two policemen had access to the to the safe. And

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<v Speaker 1>that's because in the silk Row case that David referred to, UM,

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<v Speaker 1>there two police officers ran off in that case in

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<v Speaker 1>the US with some of the money that they were

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<v Speaker 1>storing UM, and so there was a you the police

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<v Speaker 1>were very worried about corrupt police officers, but also about

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<v Speaker 1>losing losing the money. So that's how they did it.

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<v Speaker 1>And then UM they eventually sold it to a trusted exchange.

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<v Speaker 1>Now they don't do that anymore, not surprisingly because it

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<v Speaker 1>is very dangerous to keep such millions of dollars in

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<v Speaker 1>cryptus in a mini like small police station in southern England.

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<v Speaker 1>It's ridiculous now, UM, but these are the kinds of

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<v Speaker 1>ways that they would do it as they were learning

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<v Speaker 1>on the job. And I mean now what they do

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<v Speaker 1>and what most UK law enforcement agencies do, which is

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<v Speaker 1>they have a UM they outsource it to a company

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<v Speaker 1>called Comani, which is backed by a Ledger and others,

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<v Speaker 1>and it's they've got their own secure, high tech like

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<v Speaker 1>system of doing what they say. You know, I guess

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<v Speaker 1>time will time will tell. We'll be right back with

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<v Speaker 1>more from Bloomberg reporters David vore Yachos and Ellen Milligan

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<v Speaker 1>on how law enforcement is keeping up with this new

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<v Speaker 1>digital to mention of financial crime. I want to push

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<v Speaker 1>on something that you're saying here about. You know, they

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<v Speaker 1>tried some stuff, the stuff didn't necessarily work. Now they

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<v Speaker 1>may be getting better at it. How are they getting better?

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<v Speaker 1>Like where are they finding people? You've mentioned outsourcing, but

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<v Speaker 1>they obviously need police officers who are themselves trained in

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<v Speaker 1>knowing what to do. What has that process been like?

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<v Speaker 1>So in the UK UM the police lobbied the government,

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<v Speaker 1>the Home Office UM for funding to train about two

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<v Speaker 1>fifty officers around the country in how to investigate sees

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<v Speaker 1>and realize the value of these assets. They were dubbed

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<v Speaker 1>crypto tactical advisors and I think one or two from

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<v Speaker 1>every force around the country was trained in this and

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<v Speaker 1>that really helped them, and then they did a public

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<v Speaker 1>procurement process UM to outsource this, and I know that

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<v Speaker 1>that's been done in the US less successfully UM, which

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<v Speaker 1>David can tell you about. But actually the trouble that

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<v Speaker 1>they're having now is UM they've lost a number of

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<v Speaker 1>these crypto tactical advisors to coin based chain analysts, these

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<v Speaker 1>firms who can triple their pay. So that's something they're

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<v Speaker 1>really struggling with is they are spending all this taxpayer

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<v Speaker 1>money to train these police officers in crypto and then

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<v Speaker 1>they're losing them to these firms who can pay them

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<v Speaker 1>far more. So let me just make sure I'm understanding this.

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<v Speaker 1>I a US taxpayer, have nominally contributed to somebody working

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<v Speaker 1>for coin base right now essentially potentially I as a

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<v Speaker 1>UK taxpayer definitely UM. In the US I mean, the

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<v Speaker 1>FBI and the Internal Revenue Service have some extremely talented investigators.

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<v Speaker 1>They have a very large databases at their access which

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<v Speaker 1>are able to they're able to use to triangulate to

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<v Speaker 1>figure out who owns a wallet because they can follow

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<v Speaker 1>the movement of crypto across the blockchain in ways that

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<v Speaker 1>people can't do it UM who have only public access,

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<v Speaker 1>and they also work with firms like ch Analysis, which

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<v Speaker 1>um Ellen had mentioned, to help them put together who owns,

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<v Speaker 1>you know, disputed wallets. And I would also say that

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<v Speaker 1>the government is looking to privatize the storage and sale

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<v Speaker 1>of seized crypto assets. The Justice Department, through the marshals

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<v Speaker 1>has had sort of mixed success with that. Marshals used

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<v Speaker 1>to auction crypto themselves and they stopped in They were

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<v Speaker 1>trying to hire an outside firm and the two firms

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<v Speaker 1>that they had settled on both were disqualified because they

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<v Speaker 1>were too big under the the regulations, And so the

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<v Speaker 1>martials are doing it themselves, but they're looking for a

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<v Speaker 1>firm outside to do it for them. And Ellen this

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<v Speaker 1>is related to the third part of that complex tree, right,

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<v Speaker 1>which is the distribution once some sort of judgment has

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<v Speaker 1>been rendered on on either the crypto or the alleged

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<v Speaker 1>criminal involved. Yeah, this is almost the most complicated part

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<v Speaker 1>because there was no legal precedent for for this. And

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<v Speaker 1>what a court does when, for example, it finds someone guilty,

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<v Speaker 1>there's a forfeiture proceeding UM that happens later on and

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<v Speaker 1>often this happens years after UM. And what's the forfeiture

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<v Speaker 1>proceeding UM. In the UK you have the Proceeds of

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<v Speaker 1>Crime Act, and this is a twenty year old act.

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<v Speaker 1>And at the end of the case, when someone's found

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<v Speaker 1>guilty and sent to jail within a year, there's usually

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<v Speaker 1>court hearing where judge will decide the seat what to

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<v Speaker 1>do with the seized assets, whether the criminal can keep

0:15:05.240 --> 0:15:10.000
<v Speaker 1>some of them, whether they forfeit them um and also

0:15:10.560 --> 0:15:13.160
<v Speaker 1>how whether they stay with the state, whether they have

0:15:13.280 --> 0:15:18.080
<v Speaker 1>to be distributed to victims. For example, the trouble that

0:15:18.160 --> 0:15:21.200
<v Speaker 1>this police force had in the case I was talking

0:15:21.240 --> 0:15:24.880
<v Speaker 1>about earlier was this law was twenty years old when

0:15:24.880 --> 0:15:27.600
<v Speaker 1>crypto didn't exist, so they had to go to a

0:15:27.720 --> 0:15:32.240
<v Speaker 1>judge and convince them that this is an asset. The

0:15:32.320 --> 0:15:36.120
<v Speaker 1>most valuable asset in the case it was. They came

0:15:36.160 --> 0:15:41.359
<v Speaker 1>across cash about two hundred grand in cash, watches, artwork, gold,

0:15:41.640 --> 0:15:45.600
<v Speaker 1>but the crypto was the most valuable asset. The other complication,

0:15:45.680 --> 0:15:48.760
<v Speaker 1>and we've seen that even more so, is that crypto

0:15:48.840 --> 0:15:50.960
<v Speaker 1>will be a much different price than it was when

0:15:50.960 --> 0:15:53.200
<v Speaker 1>they seized it. And and and the good thing that

0:15:53.560 --> 0:15:56.920
<v Speaker 1>police have had up until this year was it ballooned

0:15:56.920 --> 0:16:01.120
<v Speaker 1>in price, so either the state or victim got quite

0:16:01.120 --> 0:16:03.160
<v Speaker 1>a good deal out of it. And I think what

0:16:03.280 --> 0:16:07.360
<v Speaker 1>police are now really grappling with is actually that that

0:16:07.440 --> 0:16:10.840
<v Speaker 1>crypto that they've been storing for so long has actually

0:16:10.880 --> 0:16:14.680
<v Speaker 1>fallen in price now quite a lot, what actually quite

0:16:14.680 --> 0:16:17.560
<v Speaker 1>a lot? And at what point do they sell it?

0:16:18.280 --> 0:16:21.200
<v Speaker 1>They're confined by the law, but at what point do

0:16:21.280 --> 0:16:25.440
<v Speaker 1>they convert that? Do they convert it before and they forfeit?

0:16:25.480 --> 0:16:29.640
<v Speaker 1>It's it's really complicated, and it's really those kinds of

0:16:29.680 --> 0:16:32.400
<v Speaker 1>questions are actually outside the law, and it's about instinct

0:16:32.560 --> 0:16:35.560
<v Speaker 1>or mist and David, is it similar in the US?

0:16:36.200 --> 0:16:40.760
<v Speaker 1>In the US, assets can be forfeited when someone is

0:16:40.800 --> 0:16:45.280
<v Speaker 1>convicted of a crime, but they're seized before someone is

0:16:45.280 --> 0:16:47.440
<v Speaker 1>convicted of a crime, so they may sit there for

0:16:47.480 --> 0:16:51.280
<v Speaker 1>a year or two, three four years while someone is

0:16:51.320 --> 0:16:56.960
<v Speaker 1>going through the judicial process, and the government cannot sell

0:16:57.000 --> 0:17:01.200
<v Speaker 1>those crypto assets until after as an order from the

0:17:01.280 --> 0:17:05.320
<v Speaker 1>judge saying it's okay to um to liquidate this. I

0:17:05.400 --> 0:17:07.800
<v Speaker 1>was going to say, there's an interesting case in San

0:17:07.840 --> 0:17:14.280
<v Speaker 1>Francisco where someone stole sixty thousand, three hundred seventy bitcoin

0:17:14.440 --> 0:17:18.800
<v Speaker 1>from the Silk Road site in November of It was

0:17:18.840 --> 0:17:21.120
<v Speaker 1>worth a billion dollars that then went up a great

0:17:21.119 --> 0:17:24.080
<v Speaker 1>deal more than that, and it's fallen since then. But

0:17:24.240 --> 0:17:28.080
<v Speaker 1>there's someone referred to only as individual X who agreed

0:17:28.119 --> 0:17:31.720
<v Speaker 1>to forfeit it, and so he's not he or she

0:17:31.920 --> 0:17:36.240
<v Speaker 1>is not contesting ownership. Um. But there are a bunch

0:17:36.280 --> 0:17:39.520
<v Speaker 1>of other people who are putting claims in saying well,

0:17:39.600 --> 0:17:43.399
<v Speaker 1>they had some of the crypto that was in dispute

0:17:43.560 --> 0:17:48.560
<v Speaker 1>and um. So the judge in San Francisco is ruling

0:17:48.600 --> 0:17:53.280
<v Speaker 1>on that dispute and he's hearing testimony and reading reports

0:17:53.280 --> 0:17:57.359
<v Speaker 1>from experts on both sides, and in every case so

0:17:57.440 --> 0:18:00.719
<v Speaker 1>far he's ruled for the government. And a couple of

0:18:00.720 --> 0:18:03.560
<v Speaker 1>the people who say that, um, some of the crypto

0:18:03.720 --> 0:18:07.480
<v Speaker 1>is there's have appealed it and the so it has

0:18:07.520 --> 0:18:11.679
<v Speaker 1>to be adjudicated at the district court level and the

0:18:11.680 --> 0:18:14.200
<v Speaker 1>appellate court level before they can go ahead and sell

0:18:14.800 --> 0:18:17.600
<v Speaker 1>all of the crypto, which is very valuable. And it

0:18:17.680 --> 0:18:20.360
<v Speaker 1>sounds like it's going to take a long time. It

0:18:20.400 --> 0:18:23.560
<v Speaker 1>has taken almost two years so far. It probably take

0:18:23.760 --> 0:18:26.800
<v Speaker 1>I would guess another year or so, but then I

0:18:26.800 --> 0:18:30.760
<v Speaker 1>assume they're going to go ahead and sell it. Wow. Well,

0:18:30.800 --> 0:18:35.720
<v Speaker 1>thank you both for joining us on this. Frankly, fascinating episode.

0:18:35.720 --> 0:18:38.240
<v Speaker 1>I really appreciate you both taking the time. Thank you

0:18:38.280 --> 0:18:42.359
<v Speaker 1>so much. Thank you Ellen, and thank you David. You

0:18:42.359 --> 0:18:44.760
<v Speaker 1>can find more of their reporting on the Bloomberg Terminal,

0:18:44.920 --> 0:18:48.480
<v Speaker 1>on Bloomberg dot com, and on Twitter. Ellen is at

0:18:48.640 --> 0:18:51.879
<v Speaker 1>Ellen A. Milligan That's m I L L I G

0:18:52.119 --> 0:18:56.719
<v Speaker 1>A N. And David is at David Voiacos That's David

0:18:57.040 --> 0:19:03.320
<v Speaker 1>V O R E A c O s. On the

0:19:03.359 --> 0:19:06.840
<v Speaker 1>next episode of Bloomberg Crypto, one of the most interesting

0:19:06.880 --> 0:19:10.439
<v Speaker 1>conversations in crypto right now is all about definitions, and

0:19:10.600 --> 0:19:14.240
<v Speaker 1>especially the definition of a so called security Who betters

0:19:14.240 --> 0:19:17.199
<v Speaker 1>to tackle this from Bloomberg ompinion columnist Matt Levine, a

0:19:17.280 --> 0:19:21.160
<v Speaker 1>former practicing lawyer and investment banker who has written extensively

0:19:21.320 --> 0:19:25.800
<v Speaker 1>about securities, securities law, inside of trading, all the things

0:19:25.800 --> 0:19:28.520
<v Speaker 1>that are very much topical right now. You'll also hear

0:19:28.600 --> 0:19:31.520
<v Speaker 1>highlights from Matt's interview Sam bankmun Freed at the recent

0:19:31.520 --> 0:19:39.960
<v Speaker 1>Bloomberg Crypto Suwhach in New York. This is Bloomberg Crypto,

0:19:40.160 --> 0:19:43.480
<v Speaker 1>a daily podcast from Bloomberg and I Heart Radio. For

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<v Speaker 1>more shows from I Heart Radio, visit the i heart

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<v Speaker 1>Radio app, Apple Podcasts, or wherever you get your podcasts.

0:19:50.359 --> 0:19:52.920
<v Speaker 1>Send us your comments, questions or suggestions for the show

0:19:53.080 --> 0:19:56.359
<v Speaker 1>to Crypto at bloomberg dot net or find us on Twitter.

0:19:56.600 --> 0:20:03.679
<v Speaker 1>We're at Crypto m. The supervising producer of Bloomberg Crypto

0:20:03.760 --> 0:20:06.960
<v Speaker 1>is Vicky ver Galina. Our senior producer is Janet Babin.

0:20:07.560 --> 0:20:11.280
<v Speaker 1>Our producer is Sharon Burriro. Our associate producers of Sanam

0:20:11.280 --> 0:20:14.880
<v Speaker 1>Siddiki and Moses and m Desta wonder At is our engineer.

0:20:15.400 --> 0:20:21.280
<v Speaker 1>Original music by Leo Sidron. I'm Stacy Marie Schmal. We'll

0:20:21.280 --> 0:20:22.000
<v Speaker 1>be back tomorrow.