The Digital Chamber Backs DOJ’s Restraint on Prosecuting Digital Assets Entrepreneurs and Innovators
Washington, D.C., April 14, 2025 – The Digital Chamber wholeheartedly supports the recent decision by the U.S. Department of Justice (DOJ) to refrain from prosecuting entrepreneurs and innovators in the digital assets sector for inadvertent lapses in complying with complex and evolving rules. Reigning in prosecutors from misusing strict liability standards for failure to register as a money services business marks a significant step forward in fostering a fair and just regulatory environment for the burgeoning digital assets industry.
The DOJ’s decision aligns closely with the core principles of 18 U.S.C. § 1960. This statute is designed to combat money laundering and other illegal activities by dismantling operations that enable such crimes. Its primary purpose is to equip law enforcement with the tools to target those who intentionally exploit the financial system for illicit gain. However, it was never meant to penalize individuals or entities that are committed to compliance, even in the face of complex and sometimes unclear regulations.
We are particularly encouraged by the clear directive articulated by Deputy Attorney General Todd Blanche emphasizing that the Department’s investigative and prosecutorial focus within the digital asset space will be squarely aimed at “prosecuting individuals who victimize digital asset investors, or those who use digital assets in furtherance of criminal offenses such as terrorism, narcotics and human trafficking, organized crime, hacking, and cartel and gang financing.” This strategic prioritization underscores a commitment to protecting consumers and national security, aligning law enforcement resources with the most significant threats.
The Deputy Attorney General’s further guidance that prosecutors should generally refrain from criminalizing regulatory violations, including but not limited to unlicensed money transmitting under 18 U.S.C. § 1960(b)(I)(A) and (B), Bank Secrecy Act violations, unregistered securities or broker-dealer offerings, and other registration infractions under the Commodity Exchange Act, absent clear evidence of the defendant’s knowing and willful violation of such requirements, is appropriate and consistent with the original legislative intent. This exercise of prosecutorial discretion acknowledges the genuine challenges faced by innovators and entrepreneurs navigating a rapidly evolving technological and regulatory landscape. It recognizes that unintentional non-compliance, born from a lack of clarity or genuine misunderstanding of complex rules, should not be equated with deliberate criminal conduct.
The Digital Chamber also welcomes the Justice Department’s active participation in President Trump’s Working Group on Digital Asset Markets, established by Executive Order 14178. The designation of senior legal experts to this vital body underscores the DOJ’s commitment to engaging proactively in the development of a clear and effective regulatory framework for digital assets. This collaboration between policymakers, regulators, and industry stakeholders will be crucial for fostering a balanced and sustainable ecosystem.
The Digital Chamber also applauds Acting Commodity Futures Trading Commission (CFTC) Chairman Caroline Pham’s statement lauding the DOJ’s policy of ending the practice of regulation by prosecution that has targeted the digital asset industry in recent years and directing CFTC staff to comply with the President’s executive orders and Administration policy, consistent with DOJ’s digital assets enforcement priorities and charging considerations. As Acting Chairman Pham noted in her statement, “[F]or far too long, lawfare from multiple federal agencies against innovators in the digital asset space has created unfairness and uncertainty that has undermined trust in the regulatory process and impeded American competitiveness.”
The Digital Chamber firmly believes that clarity, education, and open dialogue are essential for the responsible growth of the digital asset industry. The DOJ’s recent decision reflects these principles and provides a crucial foundation for building a regulatory environment that encourages innovation while safeguarding the integrity of the financial system. We commend the Department for its thoughtful approach and look forward to continued collaboration to ensure the United States remains a leader in the digital asset revolution.
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Kristopher Klaich
Director of Policy, The Digital Chamber
If you have any questions, please reach out to Policy@digitalchamber.org.