NFTs are divisive for a variety of reasons. Their connections to money laundering are another issue, but this is just like regular art, isn't it?
Non-fungible tokens (NFTs) are a common topic of discussion in the news. Someone will make millions one day by selling "digital art" as an NFT. The following day, a would-be NFT startup rug-pulled its investors, seizing their whole investment.
Without a doubt, NFTs are contentious.
One charge levelled against NFTs is their alleged involvement in money laundering. NFTs make it easier than ever to clean money from a criminal enterprise, assisting criminal groups worldwide in cleaning up their ill-gotten assets.
So how are NFTs used to launder money?
According to our NFT explainer, an NFT is a "unique digital asset that cannot be divided into smaller pieces (unlike a digital or cryptocurrency), but has an indelible and traceable history (like the majority of digital or cryptocurrencies)." You can use an NFT to represent virtually any type of digital item, but they are most frequently associated with digital artworks.
Once generated, the NFT owner may sell their one-of-a-kind token via an NFT marketplace, establishing their own price in the hope that someone will purchase it. The majority of transactions are conducted in cryptocurrencies, while there are few exceptions, such as Beeple's Everydays: The First 5000 Days NFT, which sold for an astounding $69.3 million at Christie's first-ever digital art auction.
Are (NFTs) Used for Money Laundering?
It's difficult to see how non-fiduciary trusts are not exploited for money laundering. All of the moving elements are there to simplify the process of processing and cleaning money. NFTs and bitcoin trading provide a convenient layer of abstraction for criminals, are exceedingly easy to use, practically free at the point of service, and incorporate several privacy protections.
So how are NFTs used to launder money?
* The criminal organisation builds a one-of-a-kind NFT and advertises it on an online marketplace for NFTs.
* The criminal organisation acquires its own NFT through the NFT marketplace, assuming an alias that conceals its connection to itself.
There are a few additional moving components to the process, but they are few and far between, and that is the broad strokes of how NFT money laundering works. An company that uses NFTs to clean money is likely to use a wide network of cryptocurrency wallets and may even attempt to route the proceeds through a cryptocurrency exchange to add another layer of security (where the crypto will be swapped out for fiat currency).
After the NFT has been "traded" a few times, the corresponding coin is considered "clean." Additionally, while blockchain technology makes identifying the original selling wallet trivial, determining who truly controls the wallet is a whole different story. Because not all NFT markets adhere to Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements, anyone can register an account, make a sale, and keep their identity disguised.
At other cases, criminals may use stolen accounts for major NFT markets to lend further credibility to a transaction by breaking into an account, make the deal, and then vanish.
Certain individuals employ the same procedure to artificially raise NFT prices. Each transaction between linked accounts presents a potential to boost the sale's value, so driving prices higher than they should be. Wash trading, as this technique is referred as, is another type of NFT manipulation that is linked to money laundering and other types of NFT fraud.
Is it Illegal to Use NFT for Money Laundering or Wash Trading?
Absolutely. Simply because we're discussing bitcoin assets does not mean that conventional financial regulations do not apply. Laundering the proceeds of crime in any manner is unlawful, as is wash trading in order to artificially boost the price of a product. The trouble is that with cryptocurrency and NFTs, it is much easier to conceal the paper trail.
Money Laundering Is Not Exclusive to the NFT
It is critical to understand that NFT money laundering is not a cryptocurrency-specific problem. Although NFTs have simplified the process of money laundering, criminals have historically utilised rare or valuable artwork (and other rare artefacts) to conceal funds and conduct unlawful activities. Swapping high-value objects is a reasonably straightforward method of transferring money between entities, made much better if the object's value can be adjusted to your liking (as with NFTs).
Additionally, given the staggering volume of NFT transactions that occur daily, the notion that the majority of NFT trading is used to facilitate illicit activity is a stretch. OpenSea, the leading NFT marketplace, has officially surpassed one million registered users. It is difficult to calculate the likelihood that the majority of these users are registered to assist with money laundering or other NFT-related fraud.
Alternatively, consider art forgery. Similarly to how forgery occurs in the world of art, it too occurs in the realm of NFT art. Indeed, the process of "forging" NFT art is exceedingly simple, as the majority of digital art can be copied with a few mouse clicks. Once saved to a computer, the stolen digital artwork is uploaded to and sold as an original on an NFT marketplace. Unfortunately, persons who have their digital artwork stolen and sold as an NFT have limited recourse. While digital art-related social media sites such as DeviantArt make an effort to track photographs published by its users, it is a time-consuming operation.
On that front, DeviantArt Protect searches millions of fresh NFT images each week across many NFT marketplaces and has notified its users of over 80,000 instances of stolen artwork. Nevertheless, the issue persists, and DeviantArt is a drop in the ocean of freely accessible digital art.
Money Laundering and NFT Go Hand in Hand—But Can We Stop Them?
If money laundering using NFTs is so straightforward, how can it be stopped?
Really, there is no clear answer. In the "real world," artists and authorities take extraordinary measures to track and secure artwork. The Art Loss Register keeps track of stolen and missing artworks worldwide and prohibits them from being sold at reputable auction houses. There has been some success in identifying cryptocurrency wallets used in earlier crypto-based heists, rendering the wallet storing the cryptocurrency unusable for currency transfers, therefore nullifying the benefits earned through theft.
Certain NFT marketplaces adhere to KYC and AML regulations, while others go above and above to guarantee that each developer is fully validated. However, for every NFT marketplace that takes these measures, another handful will not, allowing anyone to create an account and sell whatever they want, at whatever price they want.
NFTs are unquestionably here to stay. They are, however, likely to face more regulation as governments throughout the world strive to combat their use in money laundering, tax evasion, internet fraud, and other illicit activity.