Preventing scams and frauds in crypto. What can we learn from the past?

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Yamil Romero
Co-founder Executive Advisor
It is worldwide trending news how another scam occurred in the crypto world, and people lost their money without any guarantee of recovering it. It also often happens that the media and critics blame crypto volatility instead of the root of the cause: lack of regulations.
However, just like in cryptocurrency, there have been comparable scenarios in the traditional investing market that can be used as guidelines for the crypto industry. In 2001, Enron’s corporate scandal is a great example, detailing how an accounting firm's practices led to huge financial and credibility losses. The Enron scandal brought awareness of corporate fraud and the impact it can have on society. The demise of a doomed company caused financial chaos for shareholders, who lost billions of dollars in investments, and employees, who lost their jobs. The scandal left many victims due to the accounting fraud committed by the officers of the corporation.

To prevent a similar financial and social disaster in other companies, stronger regulations for financial disclosures should be in place for public companies. In addition, significant requirements to ensure that auditors and accountants are constantly updated in their analyses of financial systems should also be introduced. The Enron affair is a shining example of why an auditing regulatory body, securities laws violations, and tougher financial regulations are needed. Furthermore, The Sarbanes-Oxley Act, also known as SOX, emerged in 2002 in the United States legislation to implement sweeping reforms to corporate financial practices, such as the fraud that occurred at Enron and another series of corporate accounting scandals that took place from 2000 through 2002. It was then established new standards for public accounting firms, corporate management, and corporate boards of directors in publicly traded companies. The SOX Act was created to regain the public's confidence in corporations after a corporate accounting scandal made names like Enron synonymous with corporate malfeasance.  

Later in the 2000s, though, history’s biggest Ponzi scheme imploded. Bernie Madoff, a US-born financier, ran the Nasdaq stock exchange for over 20 years until his arrest in 2008. Bernie Madoff is one of the most disgraced financiers in history, as he was involved in a Ponzi scheme that bilked stock investors out of billions of dollars.

The Bernie Madoff fraud led to many people losing their homes, their jobs, and their life savings. — Bernie Madoff was an American financier and money manager who is most well-known for executing one of the largest financial frauds in history. He led a Ponzi scheme that defrauded thousands of investors out of tens of billions of dollars over at least 17 years. Bernie Madoff's name has become synonymous with financial ruin, and it serves as a reminder to all investors to be vigilant when it comes to money managers. The takeaways from the Bernie Madoff scandal are clear: investors must do their due diligence before investing any large sum of money.

Finally, in March 2009, Madoff was charged with three counts of securities fraud, mail fraud, wire fraud, investment adviser fraud, and money laundering. He pled guilty to all 11 felony charges, including securities fraud, and was sentenced to 150 years in prison in June 2009. While it can be difficult to prevent similar frauds like Bernie Madoff's from happening again, there are some steps that can be taken. To start with, investors should be taught about the dangers of investing with unregistered individuals or entities, as well as the warning signs of potential scams.

Furthermore, this scandal led to the realization that securities markets worldwide were not being properly monitored by regulators. Since that time, efforts have been made to strengthen regulations of international securities markets in an attempt to shore up the operations of American traders and to protect investors against scams, such as Madoff Securities.

Another example is the catastrophe of FTX in 2022. The CEO of FTX, Mr. Bankman, was charged with eight criminal charges, ranging from wire fraud to money laundering to conspiracy to commit fraud. The United States Securities and Exchange Commission (SEC) alleges Bankman used investors’ money to provide loans and make other investments but did not disclose this to customers or investors. According to federal prosecutors, Bankman cheated customers by using an FTC-registered exchange to make cryptocurrency trades and other investments without their knowledge.

The firm’s multibillion-dollar collapse left many investors empty-handed, with prosecutors saying that Bankman took advantage of their faith in him, taking their money and investing it into his companies. In addition, he is accused of making false statements to customers about the FTX trading exchange's value, leading to its multibillion-dollar crash.

There are no regulatory standards currently in place to protect investors in the cryptocurrency sector, and new regulations may help stabilize the markets and mitigate risks. However, such regulation comes with costs, like increased volatility.  

However, while putting in place regulations might bring more stability to the market, the crypto market is still a highly volatile and speculative investment. Currently, the U.S. Securities and Exchange Commission (SEC) is investigating the cryptocurrency market to identify the best regulatory pathway. The SEC has said plenty about cryptos and ICOs, but there is still much speculation about what form of regulation might come down the road.

Unfortunately, the current lack of regulations is perpetuating the misuse of cryptocurrency exchanges. While nothing is put in place to prevent another FTX’s situation from happening, it will keep on. What’s interesting, though, is that history is filled with new legislation and reverse measurements emerging after many scandals came to light. So, the key question in this matter then, why is trading cryptocurrency any different from any traditional investment in history? Moreover, what makes it so difficult to get an agreement in terms of compliance and security for crypto?

Regulating cryptocurrencies is a complicated matter, and the cryptocurrency industry is fighting lawmakers and regulators alike when debating this subject. Every day investors are worried about the risks associated with these digital assets, and it is not clear which forms of regulation will take hold. The real questions are whether anything the regulators choose to do would really work and if they have any understanding of the products and technology infrastructure in this sector. This requires much more work than just regulating securities or commodities because specific digital assets have distinct considerations.

One of the more critical things that crypto investors need to consider is the fact that a volatile cryptocurrency market can result in suppressed exchange values. This means investors should stay mindful of their investment goals and their entry points while entering cryptocurrency positions. Experts believe regulation needs to come to bear to mitigate risks, spark more regulations, and to make sure prices and markets are stable over the long term. This is because investors reacting to volatility erratically could result in substantial losses.

Furthermore, It is essential that investors learn about their own risk tolerance before entering a market; this will help them to make better decisions about investments. To regulate a notoriously volatile cryptocurrency market, projects should be undertaken to develop a comprehensive cryptocurrency market with uniform standards for protecting investors. This would help to ensure crypto investors are less exposed to security risks and that the cryptocurrency industry develops safely. In addition, it is essential that financial markets cooperate with the crypto ecosystem to keep an eye on security flaws and security risks. Establishing investor protection standards is vital in protecting assets from losing hundreds of thousands of dollars to hackers or other malicious activities.

However, the most immediate problems occur due to the lack of market studies and industry knowledge and from the absence of frameworks to regulate the financial markets. This has caused concern among experts since price fluctuations in cryptocurrencies may represent an unpredictable and risky investment choice. To ensure consumer protection, experts have suggested the publication of a Consumer Reports in order to assist with making more informed investment decisions. Additionally, some said it is critical that regulators create frameworks to safeguard consumers who are susceptible to large losses due to speculative venture investments in cryptocurrency. Others said that cryptocurrency is the biggest thing since the Internet, and thus, comprehensive and broad regulations must be in place when dealing in cryptocurrency.

The developing market of cryptocurrencies needs regulation to increase the investor protections and to reduce and detect fraudulent activities. The crypto market needs regulation to encourage cryptocurrency enthusiasts, foster innovation, and safeguard the cryptocurrency ecosystem. Financial analysts must do their due diligence, including having knowledge of the applicable regulations, before deciding if they should invest and trade on crypto markets.

Governments, regulators, and other stakeholders need to ease digital assets trading platforms so they are secure for customers and their businesses. Some measures could be taken to mitigate such risks, such as strengthening financial stability on platforms, providing better protections to consumers, and ensuring there is no market manipulation or arbitrage on platforms. In addition, businesses should make sure they have proper risk-protection mechanisms to safeguard their assets against any potential losses from market fluctuations or other factors. This can be done by making sure appropriate protections, such as stop-loss orders, are in place to safeguard investors' funds. In addition, companies must also make sure all trading is done safely and securely to protect investors from possible fraud or manipulation in prices.

The cryptocurrency industry needs to collaborate with regulators and financial institutions to create effective standards to exchange various types of cryptocurrency assets, as well as to ensure that much-needed standards are enforced within the industry. This can include developing guidelines for responsible members of the industry and also implementing measures that will keep criminals from taking advantage of the anonymity nature of digital assets.

Regulating cryptocurrency ownership is another possible way to ensure that transactions are secure. Crypto-specific exchanges are emerging, operated by centralized institutions, but these might be insufficient to stop criminals from using them to facilitate money laundering or other crimes. Therefore, governments need to take steps to regulate this industry to protect consumers. Driving consumers away from unregulated exchanges would help attract customers that trust other experts on the policy side to have their best interests at heart regarding digital currencies.
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