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 Background

03:00 – Asset Recovery in the Digital Age

09:00 – The Role of Blockchain in Asset Recovery

12:00 – Victim Perspectives in Cryptocurrency Fraud

18:00 – Legal Framework for Asset Recovery in Canada

23:55 – Future Trends in Asset Recovery and Code is Law

About our Guest

Jessica 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 Takeaways

Complexity 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. 

Resources

Weirfoulds | Jessica Stansfield - Insights

BBC News | Quadriga: The cryptocurrency exchange that lost $135m

Weirfoulds | Rule of Law ‘2’, Code is Law ‘0’?

The Globe and Mail Feature | Medjedovic Case

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