S&D E18 - The Legal Landscape of Asset Forfeiture

In our final conversation of the year, our SVP of Client Relations, Joanna Summers, sits down with Stefan Cassella, a former federal prosecutor with more than three decades of experience in international asset forfeiture who has authored over 50 law review articles and played a pivotal role in shaping and advancing federal asset forfeiture laws in the USA and abroad.

In this episode, Joanna and Stef explore the growing role of cryptocurrency in criminal investigations and asset forfeiture, highlighting its use in money laundering, investment fraud, and sanctions evasion. 

Together, they unpack the complexities of high-profile cases like Bitcoin Fog, the challenges posed by mixers and decentralized exchanges, and the significance of recent court rulings in legitimising blockchain analysis tools. 

Stefan also shares practical advice for law enforcement and attorneys navigating the crypto landscape, highlighting the need for enhanced training and resources to address these evolving threats and the critical role of non-conviction-based asset forfeiture, or civil asset forfeiture, as a key law enforcement tool.

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Timestamps

02:00 - Stef’s Background

03:00 - The Growing Role of Cryptocurrency in Asset Forfeiture

07:00 - Understanding Civil Asset Forfeiture

11:00 - Regulatory Challenges and the Future of Crypto Laws

14:30 - Complexities of Crypto Mixers and Decentralized Exchanges

19:30 - The Legitimacy of Blockchain Analysis Tools in Court

23:00 - Practical Advice for Law Enforcement and Attorneys in Crypto Forfeiture

24:00 - Insights from Stefan’s Money Laundering and Forfeiture Digest

26:00 - Key Challenges in Crypto Asset Forfeiture

Resources Mentioned

• https://www.trmlabs.com/tackling-crypto-crime-2023-survey-of-law-enforcement 
• https://www.justice.gov/opa/pr/operator-helix-darknet-cryptocurrency-mixer-sentenced-money-laundering-conspiracy-and 
• https://www.nortonrosefulbright.com/-/media/files/nrf/nrfweb/knowledge-pdfs/us_59864_reprint--when-blockchain-analytics-meet-the-daubert-test_r3.pdf 
• https://assetforfeiturelaw.us/  
• https://www.fatf-gafi.org/en/publications/Fatfrecommendations/Bestpracticesonconfiscationrecommendations4and38andaframeworkforongoingworkonassetrecovery.html 
• https://sherwood.news/crypto/momentum-builds-for-a-strategic-national-bitcoin-reserve-but-what-does-that/ 
• https://academy.assetreality.com/student/page/149456-virtual-asset-transfer-fundamentals 

About our Guest

Stefan Cassella is a former federal prosecutor with more than three decades of experience in international asset forfeiture who has authored over 50 law review articles and played a pivotal role in shaping and advancing federal asset forfeiture laws in the USA and abroad.

Today, as the founder of Asset Forfeiture Law, he continues to provide invaluable guidance to law enforcement, private law firms, and financial institutions by providing expert witness services, training, and legal guidance to law enforcement agencies, private law firms, and financial institutions, solidifying his position as a leading authority in the field.

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