How do cryptocurrency holdings complicate cross-border asset recovery proceedings? - Intercollegium Law Firm
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How do cryptocurrency holdings complicate cross-border asset recovery proceedings?

Cryptocurrency creates jurisdictional ambiguity since digital assets exist on decentralised networks without geographic location. Investigators must trace blockchain transactions to identify exchange platforms or wallet custodians subject to local court orders. Many jurisdictions now treat cryptocurrency as property subject to freezing and confiscation—the UK’s POCA 2002 amendments and US forfeiture statutes explicitly cover digital assets. However, enforcement remains challenging when assets sit on non-compliant exchanges or in self-custodied wallets. Defendants may argue that private keys constitute testimonial evidence protected against compelled disclosure under certain constitutional frameworks.

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