This presentation is about discovery of cryptocurrency assets in divorce and valuation. This presentation will not cover the origin stories or the inner cryptographic workings of various blockchains and cryptocurrencies. Attendees will learn forensic methods for identifying the existence of cryptocurrency assets, tracing transactions with public sources, and identifying when additional records exist that are accessible by the account holder only.
Program Agenda
Cryptocurrency - 40 minutes
Definitions
Bitcoin, Ethereum, & Others
Tracing Bitcoin Transactions with Public Sources
Special Features of Ethereum’s Blockchain (Altcoins, Defi, NFTs)
Tracing Ethereum Transactions with Public Sources
Forks
What is a fork?
Financial Considerations of Forks in Asset Division
NFTs – Now What?
Division & Valuation Considerations
Crypto Discovery - 30 minutes
Record Availability Limitations
Web3, Defi, and Smart Contract Records
Privacy Preference Conflation
Objections – To Make or Not to Make?
Ethical Considerations - 30 minutes
Ethical Pitfalls
Data Aggregator Pitfalls
Practitioner Awareness
Potential for Tax Liability
Failures to Disclose
Learning Objectives
determine whether records exist related to cryptocurrency and locate them;
explain how one should ask for those records in the discovery process;
describe when and if one should object to being asked for those records;
formulate practical methods for analyzing records once they are obtained; and
explore advanced cryptocurrency holdings such as ICO participation, decentralized finance, and NFTs
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