Ep. 30: Courts, Crypto & Code: Making Sense of Digital Asset Law

Aidan Larkin talks with Canadian lawyer Jessica Stansfield about the evolving landscape of digital asset recovery. From tackling cryptocurrency fraud to navigating the complexities of tracing assets on the blockchain, Jessica shares her experience helping victims overcome legal and enforcement challenges. She also explores emerging trends, the growing role of technology in asset recovery, and the provocative debate around the idea that ‘Code is Law.’Timestamps 00:00 – Introduction and Background03:00 – Asset Recovery in the Digital Age09:00 – The Role of Blockchain in Asset Recovery12:00 – Victim Perspectives in Cryptocurrency Fraud18:00 – Legal Framework for Asset Recovery in Canada23:55 – Future Trends in Asset Recovery and Code is LawAbout our GuestJessica Stansfield is a leading authority in digital asset recovery and fraud litigation. As a Canadian commercial litigator, she has built a reputation for tackling complex cases involving cryptocurrency and emerging technologies. Known for her innovative approach, she leverages open-source intelligence and cutting-edge legal frameworks to trace and reclaim digital assets. Key TakeawaysComplexity in Asset Recovery: Fragmented frameworks and jurisdictional hurdles make asset recovery a challenging area of law that requires creative legal strategies and innovative investigative techniques.Digital Asset Fraud on the Rise: The explosion of cryptocurrency and digital assets has created new avenues for fraud, from elaborate scams to meme coin price manipulation, demanding specialised legal expertise to protect victims and recover stolen funds. Power of Open-Source Intelligence: Publicly available data enables asset tracing without traditional legal constraints, making open-source intelligence a game-changer in fraud investigations. Canadian Legal Tools: Canada’s courts provide powerful mechanisms for asset recovery. Mareva injunctions can freeze assets, while Norwich orders compel disclosure of critical information.Global Cooperation Matters: International collaboration is vital for overcoming jurisdictional challenges and ensuring effective enforcement across multiple legal systems. The ‘Code is Law’ Debate: As smart contracts become more prevalent, ethical and legal questions arise. Should exploiting code loopholes be considered fraud?Future-Proofing Asset Recovery: Shifts in regulatory enforcement and judicial interpretation will define how asset recovery adapts to emerging technologies and new forms of fraud. ResourcesWeirfoulds | Jessica Stansfield - InsightsBBC News | Quadriga: The cryptocurrency exchange that lost $135mWeirfoulds | Rule of Law ‘2’, Code is Law ‘0’?The Globe and Mail Feature | Medjedovic CaseSeize & Desist - Erin WestAsset Recovery International | Dublin Feb 25 - 27Stay ConnectedDive deeper into asset recovery by subscribing to Seize & DesistDisclaimerOur podcasts are for informational purposes only. They are not intended to provide legal, tax, financial, and/or investment advice. Listeners must consult their own advisors before making decisions on the topics discussed. Asset Reality has no responsibility or liability for any decision made or any other acts or omissions in connection with your use of this material. The views expressed by guests are their own and their appearance on the program does not imply an endorsement of them or any entity they represent. Views and opinions expressed by Asset Reality employees are those of the employees and do not necessarily reflect the views of the company. Asset Reality does not guarantee or warrant the accuracy, completeness, timeliness, suitability or validity of the information in any particular podcast and will not be responsible for any claim attributable to errors, omissions, or other inaccuracies of any part of such material. Unless stated otherwise, reference to any specific product or entity does not constitute an endorsement or recommendation by Asset Reality.