Top

KDIC Seizes Crypto from Debtors Linked to Losses at Financial Firms

Policy & Regulation·October 05, 2023, 8:13 AM

During the first half of this year, the Korea Deposit Insurance Corporation (KDIC) tracked the cryptocurrency holdings of 1,075 individuals and debtors responsible for causing losses at financial entities, including savings banks, according to documents obtained by local news outlet Herald Economy, from the office of lawmaker Kim Han-kyu, a member of the National Assembly’s National Policy Committee. From this scrutiny, KDIC identified 29 wrongful cases and proceeded to confiscate cryptocurrencies in 16 of those instances.

KDIC is a semi-state body that has been instrumental in tracing and recovering assets from culpable employees at troubled financial firms and debtors in arrears. Meanwhile, methods for hiding wealth have become more sophisticated, typically unfolding behind the curtain.

Photo by Georg Bommeli on Unsplash

 

First crypto seizure

Out of these individuals, 900 had taken out loans of at least KRW 3 billion ($2.2 million) from beleaguered financial institutions, while the remaining 175 were employees of these institutions, held responsible for their failures. This occasion represents the KDIC’s first seizure of virtual assets.

Until recently, the KDIC struggled to reclaim hidden assets funneled into cryptocurrency exchanges, given their limited authority to seek documentation. KDIC’s purview mainly extended to requesting information from public institutions, banks, insurance companies, and securities firms. However, KDIC has now found a way to seize crypto assets by investigating the bank accounts linked to these exchanges. In Korea, crypto exchanges facilitating Korean won trades are legally mandated to secure real-name accounts from banks.

 

Call for expanding KDIC’s authority

Given the evidence of using cryptocurrencies to conceal wealth, many suggest that amendments to the Depositor Protection Act are necessary, enabling KDIC to directly request relevant data from exchanges and recover more hidden assets effectively.

Furthermore in August KDIC secured a court order allowing them to liquidate these assets. Following this successful confiscation, the debtors’ cryptocurrencies have been frozen in their wallets, rendering them unresponsive to any market shifts. Discussions are now underway regarding the method of liquidating the debtors’ cryptocurrencies at market value on exchanges. This includes deliberations on whether KDIC will assume ownership of the cryptocurrencies and directly proceed with their sale.

In a chat with Herald Economy, Lawmaker Kim emphasized the need for KDIC to have the authority to access information from virtual asset service providers. This would enable them to more effectively retrieve assets from responsible debtors. Kim further stated that such steps would enhance both the efficiency of debt collection and overall market fairness.

More to Read
View All
Policy & Regulation·

Oct 07, 2023

Taiwan Aims to Propose Special Crypto Law by Late November

Taiwan Aims to Propose Special Crypto Law by Late NovemberIn a bid to address growing concerns surrounding offshore crypto exchanges and prevent regulatory arbitrage, Taiwan is actively working towards proposing a draft special crypto law for its first reading by the end of November.Yung-Chang Chiang, a member of the Legislative Yuan, the Taiwanese parliament, emphasized the need for a dedicated crypto asset act to effectively regulate crypto businesses in discussion with The Block on Friday. Chiang believes that cryptocurrencies, as an asset class, significantly differ from traditional financial products and require oversight through a separate, specialized legal framework.Photo by Ian Chen on UnsplashPublic hearingThe Taiwanese politician recently organized a public hearing within the parliament to discuss the draft proposal with key stakeholders, including virtual asset service providers, legal experts, and academics. He argued that while Taiwan’s Financial Supervisory Commission (FSC) had released guidelines for the crypto sector to establish self-supervisory rules through a potential industry association, these measures lack legal enforceability.Chiang pointed out:“In this case, under the authority of this special law, regulatory authorities can impose administrative penalties on operators who violate these self-regulation rules. Without such a special law, the regulators would lack the ability to impose penalties.”Under the proposed special law, all crypto platforms operating in Taiwan would be required to obtain a permit. Failure to do so could result in regulatory orders to cease operations. Presently, Taiwan mandates that virtual asset service providers comply with anti-money laundering (AML) laws, which were introduced by the FSC in July 2021. However, the broader crypto industry in Taiwan remains largely unregulated.It is unlikely that the special law will pass through all three readings during the current legislative session, which is expected to conclude by the end of this year. Chiang noted: “An election is coming up, and the current legislative session focuses more on reviewing the government’s budget.”Chiang also mentioned the possibility of Taiwan’s FSC proposing its version of the special crypto law, but this is not anticipated until at least mid-2024. He explained: “It’s hard to say exactly when the special law will be enacted, but it should likely occur sometime after the middle of 2024.”Binance, the world’s largest crypto exchange, is understood to be in the process of registering in Taiwan for AML compliance, despite not currently being regulated in the country. The exchange has formed a local entity named “Binance International Limited Taiwan Branch (Seychelles),” as indicated in the Taiwanese Ministry of Economic Affairs’ database.Banking difficultiesDuring the public hearing, Damien Ho, Representative of Global Partnerships at Binance, raised concerns about the challenges faced by crypto platforms in Taiwan in securing suitable banking services. Despite the FSC’s efforts to discourage banks from treating crypto platforms as high-risk entities, crypto platforms still encounter difficulties in their interactions with banks. Ho suggested that the Taiwanese government should encourage private or public banks to become more crypto-friendly, facilitating the regulated and effective development of crypto businesses.At the public hearing, Winston Hsiao, Co-Founder and Group CRO of Taipei-based crypto exchange XREX, suggested a step-by-step approach to regulation, with smaller entities adhering to self-supervisory rules formulated by the industry association after registration. For larger entities, he proposed obtaining a permit under the special law and potentially applying for other relevant financial licenses.

news
Policy & Regulation·

Apr 10, 2023

Korean Travel Rule Solution Provider Partners with ACAMS to Enhance AML Measures

Korean Travel Rule Solution Provider Partners with ACAMS to Enhance AML MeasuresConnect Digital Exchanges (Code), the Korean Travel Rule solution provider, announced today that it has forged a partnership with the Association of Certified Anti-Money Laundering Specialists (ACAMS), the largest international membership organization of its kind.©Pexels/Savvas StavrinosTravel RuleThe Travel Rule, issued by the Financial Action Task Force (FATF) to prevent money laundering and terrorist financing, requires virtual asset service providers to screen the information of the senders and recipients of crypto transactions.Code’s collaboration with ACAMSCode will collaborate with ACAMS to develop more effective anti-money laundering (AML) measures in Korea by producing anti-financial crime experts, and enhancing Travel Rule regulations. ACAMS offers internationally recognized training programs, with more than 40,000 certified AML specialists in over 175 countries and regions.More about CodeCode was jointly established by Korea’s major crypto exchanges Bithumb, Coinone, and Korbit in August 2021. Code recently published a report containing the Travel Rule operation results over the past year in Korea and its recommendations.

news
Policy & Regulation·

Mar 07, 2025

Ongoing access to crypto market in Russia despite sanctions

Russians will continue to have access to crypto markets despite the application of sanctions, according to a senior Russian official. Impossible to completely block marketThat’s the view of Anton Gorelkin, the deputy head of the State Duma committee on information policy. In a report published by Russian state-owned news agency TASS on March 6, Gorelkin is quoted as stating: "It should be recognized that it is impossible to completely block this market for Russia." Gorelkin added that crypto remains one of the mechanisms through which international sanctions being applied to Russia can be circumvented. Russian firms have increasingly been using Bitcoin and crypto in international trade to circumvent sanctions. The Russian official’s comments come as Russian crypto exchange Garantex has been forced to suspend its services. Last month, the Council of the European Union (EU) had added the exchange to its latest Russian sanctions package. This was part of the EU’s sixteenth sanctions package against Russia since the conflict in Ukraine began. It’s the first time that a crypto exchange has been included within any such sanctions. The EU did so on the assertion that Garantex is “closely associated with EU-sanctioned Russian banks.” Photo by Michael Parulava on UnsplashTether ‘enters war’ against Russian crypto marketThe crypto exchange took the decision to suspend its services following an action taken by leading stablecoin issuer, Tether. Taking to Telegram, the exchange stated: “We have bad news, Tether has entered the war against the Russian crypto market and blocked our wallets worth more than 2.5 billion rubles [$27 million].” The exchange took the opportunity to warn its users that “all USDT in Russian wallets is currently under threat.” Garantex added that it has been the first to be hit with such a measure, but that it won’t be the last. The firm said that it “will fight, and [it] will not give up.”  Tether has been under the spotlight of regulators and governments globally in recent years. In response, it appears to have incorporated the freezing of funds subject to sanctions more recently, with closer cooperation with law enforcement and government agencies. Last year, the company outlined that it planned to freeze funds held in addresses related to countries or companies subject to sanctions. Last September, Tether claimed to have played a role in an operation carried out by the Dutch authorities and U.S. Secret Service that led to the takedown of two crypto exchanges, Cryptex and PM2BTC, who were alleged to have been involved in money laundering. Garantex had already been subject to U.S. sanctions since April 2022. At the time, the U.S. authorities described the exchange as a "ransomware-enabling virtual currency exchange." The firm was originally established in Estonia in 2019. Commenting on the development, Gorelkin stated:  "To the investors who underestimated this risk, my condolences."  He also asserted that the latest round of sanctions will not be the last in attempts to apply pressure on Russian cryptocurrency firms and crypto sector infrastructure within Russia. While he believes that crypto remains a tool to get around sanctions, he stated that “USDT can be safely deleted from this list.”

news
Loading