The following is a guest post from Rodolfo José Santos, a crypto tax and attorney at FS Legal.
In the fast-paced world of cryptocurrencies, where fortunes are made and lost in the blink of an eye, one investor’s simple mistake last month brought to light a crucial discussion about fairness in the fast-growing Web3 ecosystem.
With a single erroneous click on Google, this crypto enthusiast unintentionally lost a whopping $1 million in digital assets. Unfortunately, such stories have become all too common in the crypto world. But this particular individual’s story and my background in law spurred me to think about the concept of justice within this digital frontier.
In the traditional legal world, fairness is a guiding principle that ensures that individuals and companies are held accountable for their actions. What is right is right, and what is wrong must be corrected through the mechanisms of justice. This principle, they argue, should also extend to the Web3 ecosystem.
The idea of fairness in Web3 gains momentum when we see headlines like “Binance Creates Smart Contract to Reimburse Users Affected by Xirtam Scammers’ $3M Withdrawal.” It underlines the belief that actions by key industry players, such as major exchanges like Binance, can restore confidence in the market. These actions give hope to all market participants and suggest that we must adopt innovative approaches to achieving justice to create meaningful change in the crypto space.
The specter of scammers, back pulls, fraudulent schemes and phishing attacks constantly looms large in the blockchain and Web3 ecosystem. Participants are constantly cautious about making an innocent mistake that could lead to the loss of their digital assets. It’s a scenario that plays out every day, whether it’s due to ignorance, greed or a simple lapse in concentration.
One moment users think they are dealing with a legitimate contract; the next moment they realize that their cryptocurrencies have disappeared into the hands of malicious actors.
When such incidents occur, a crucial aspect of the hacker’s strategy is to convert stolen cryptocurrencies into fiat money through exchanges. These exchanges serve as gatekeepers of justice and stand between the hacker and his victims. If the victim can provide proof of ownership, the public and open nature of blockchain technology theoretically makes it possible to track all transactions, thus establishing ownership.
In addition, exchanges are subject to legal obligations and self-imposed standards, including anti-money laundering (AML) regulations and counter-terrorist financing (CFT) measures. As stated on KuCoin’s website, they strive not only to comply with their legal obligations, but also to minimize the risk of exploitation by criminals, as evidenced by their statement:
“KuCoin does not want to be manipulated by money launderers or terrorists or associated with money laundering or terrorism in general. The aim is not only to comply with legal obligations, but also to effectively minimize the risk of exploitation by criminals. The anti-money laundering, terrorist financing and anti-corruption policies are therefore based on the required highest standards.”
This underlines the sector’s commitment to operating with the highest standards of integrity.
This brings us to the case of the crypto holder who fell victim to a hacker and lost $1 million in digital assets, which were then deposited into KuCoin. The hacker used a common tactic to convert stolen coins into Ethereum and deposit them in blocks of 25 ETH into multiple KuCoin accounts, eventually liquidating them into fiat currency.
All of these wallets are, crucially, under the control of KuCoin.com. The exchange has full control over these funds and their destinations. It is a fact that is easy to verify, as the money ultimately flows into KuCoin’s main wallets, where they merge customer assets.
The victim acted quickly and reported the incident to KuCoin, requesting a freeze and return of their assets. KuCoin responded by freezing the wallets for a period of 30 days, but could not guarantee the status of the funds. In the days that followed, KuCoin’s response remained consistent:
“Please advise local law enforcement authorities to send the duly signed/sealed official freezing order to [email protected]then KuCoin will directly help them to participate in the case.”
Even after the victim requested KuCoin to contact the hacker for proof of the funds, the exchange repeated its request for a court order, a process that is far from simple or quick.
In an industry that strives to differentiate itself and become compliant, the onus is on blockchain and Web3 institutions to adopt best practices. The exchanges in particular bear a great responsibility. They must have mechanisms in place to prevent criminal activity and support victims who can legally prove ownership of their assets. They should serve as a filter of justice.
Failure to do so risks perpetuating the perception that the cryptocurrency industry is a playground for illegal activities, including money laundering and facilitating hacker activity. By prioritizing accountability and transparency, the industry can work to earn the trust of regulators and governments, strengthening its position as a legitimate and responsible player in the global financial landscape.
In an era where digital assets and blockchain technology are rapidly reshaping the financial world, justice and accountability must evolve along with them. It’s a challenge facing the entire Web3 ecosystem, and one that cannot be ignored if it is to thrive in the years to come.
In conclusion, the story of the crypto holder who lost $1 million in digital assets and KuCoin’s subsequent response shines a spotlight on a critical issue within the Web3 and blockchain ecosystem: the need for justice and accountability. The incident underlines the importance of adhering to principles of fairness and responsibility, even in the decentralized and rapidly evolving world of cryptocurrencies.
As blockchain technology continues to reshape the financial landscape and become more widely adopted, it becomes necessary for all participants, especially large exchanges, to play a critical role in ensuring the integrity of the ecosystem. Exchanges must act as more than mere intermediaries for trading digital assets; they must also serve as guardians of trust, as gatekeepers of justice.
Although the victim in this case faced significant challenges in recovering their stolen assets, it highlights the potential for improvement in the way exchanges respond to such situations. By taking innovative approaches and demonstrating a commitment to supporting victims who can prove their legal ownership, exchanges can help create a more secure and trustworthy crypto environment.
Ultimately, if the Web3 and blockchain industry wants to thrive and be accepted on a global scale, it must demonstrate its commitment to ethical and legal standards. It should aim to remove the perception that it is a playground for illegal activities and instead prove itself as a responsible and legitimate participant in the global financial arena.
The case of the $1 million loss serves as a call to action for the entire Web3 ecosystem. It reminds us that as this revolutionary technology continues to develop, the principles of fairness, accountability and transparency must evolve. Only by doing this can the industry build a foundation of trust and credibility, paving the way for a future where digital assets play a central role in reshaping finance for the better.
In conclusion, as we grapple with the ever-evolving challenges posed by criminal organizations in the Web3 era, it is becoming abundantly clear that it is no longer feasible to rely solely on the traditional, slow and complicated justice system to obtain justice. The fast-paced nature of Web3 requires a new arsenal of tools and strategies to effectively combat these threats.
We must adapt, innovate and find alternative ways to protect the digital border from the ubiquitous influence of illegal actors. In this dynamic landscape, the pursuit of justice must be as agile and responsive as the threats it seeks to counter. Things KuCoin doesn’t do.
