I am pleased and proud to report the recent publication of an article I coauthored last year with a former student, Cody Dethlefs, for the Stetson Law Review‘s 2025 symposium on Prosecutorial Discretion & White Collar Crime. The article, The Fraud Remains the Same . . . Or Does It?, explores blockchain frauds, combining my experience with securities regulation considerations and Cody’s with bank regulation. The SSRN abstract is as follows:
Although blockchain technology has proven itself to be useful and has significant potential for expanded usage, certain blockchain applications pose fraud and systemic risks. This article identifies and assesses financial fraud committed in or in connection with blockchain transactions as a form of white-collar crime. In some cases, criminal activity is facilitated—or even originated—by blockchain technology. Yet in other cases, criminal activity is merely hosted on a blockchain. Law enforcement activities relating to blockchain fraud are similarly both conventional and unique.
As the blockchain environment expands, fraudsters will indisputably continue to innovate. It will be incumbent upon enforcement agents to keep pace in an environment complicated by rapid technological advances, privacy and security protections, and cross-border activity. Increasing reliance on blockchains for financing and other elements of global commerce makes blockchain regulation and enforcement a high priority for the United States and other governments around the world.
Our work on this fascinated both of us. The scope and extent of blockchain fraud offers many intersections with business and criminal law topics. I already have been able to use insights in my teaching. I hope the work is also useful to some of you.