加密货币:寻找隐藏的加密货币

加密货币(crypto)交易快速且分散. This may cause issues in finding crypto assets in a divorce 和 property division case. 伍德拉夫家庭律师事务所’s divorce lawyers in the Piedmont Triad have the knowledge to help you. Becoming educated on virtual currency in your divorce can be beneficial.

The very nature of a decentralized 和 virtual currency makes it difficult to track down the identity of crypto owners, 尽管这些交易是公开的. This is because the identifying information is contained in a private key that only the owner owns. That does not mean it is impossible to identify the parties to a transaction. But some cryptos, such as Monero, are made with anonymity in mind. 有各种各样的方法可以尝试找到隐藏的密码, 和 any one or combination can result in uncovering a treasure trove of assets.

By far the most straightforward way to obtain a list of crypto assets is to just ask the other party for it in discovery. Our 皇冠足彩网 divorce attorneys with expertise in cryptocurrency can develop an interrogatory that asks for a list of all owned cryptos, 当它们被收购时, 是用什么来获得它们的, 分离值日期, 当前值, 和 where they are stored will work if your spouse is forthcoming. A good follow up question is to ask for a production of the account statements that coincide with these cryptos 和 transactions.

The following methods assume that the basic discovery has failed, 而另一方正积极地试图隐瞒.

1. 审核银行对账单和其他对账单

要参与加密,你必须首先获得加密. 大多数人都想投资加密货币, 或者将它们用于交易, 会在交易所购买吗. This means that they will have to use fiat currency to exchange for virtual.

Discovery questions 和 requests for production should be aimed at acquiring all bank statements that would encompass the period in which a spouse could have used an exchange. Those transactions will show up on the statements, typically naming the exchange used.

例如,我们已经看到COINBASE公司的声明. 转账,注明日期和金额. This at the very least indicates the existence of a Coinbase exchange account. There are sometimes even more secretive ways to buy crypto, including cash. But careful accounting of withdrawals 和 deposits can uncover these discrepancies 和 at least allow you 和 your attorney to dig deeper into the purpose of these withdrawals.

If statements are not full or there is reason to believe you do not have all statements, 银行也可以传唤他们. 另外, if your spouse recently acquired new expensive property 和 you do not see the transaction in your bank accounts, 我们可以查一下他们买的东西是否可以用加密货币购买. If you believe your spouse may be getting paid by his/her work in crypto, then a subpoena to the company can reveal the compensation amount 和 dates.

2. 搜查住所

If your spouse does not use an exchange, then they may be mining for coins. Mining in any productive amount these days requires quite a bit of hardware 和 electricity. Telltale signs of mining activity can be seen by excessive electricity bills, 和/or purchasing or acquisition of computer 和 computer parts. 同样的, “cold storage” of cryptos on hardware or paper can be uncovered by searching secure locations in a home, 比如保险箱或者上锁的文件柜.

传唤交易所和/或钱包

Your attorney can subpoena the exchange or wallet that your spouse uses. 许多主要的交易所, 比如Coinbase, 双子座, 和海怪, 在美国运营并遵守美国法律. For example, Coinbase has a webpage that helps you find where to serve subpoenas.

A recent Federal Court case has already held that there is no inherent privacy interest in public blockchain cryptos such as Bitcoin (more on this later). 因此, if your spouse uses one of these major exchanges (which is likely because trusted exchanges are always highly recommended in crypto circles), then subpoenaing their account details 和 statements is possible.

Crypto 和 property division is still a somewhat new development. Our divorce lawyers in the Piedmont Triad are already aware that spouses may be concealing assets through the use of virtual currency. 随着这一法律领域的发展, we can begin seeing more straightforward ways to obtain records of crypto transactions.