Predicate and Direct Risks of Digital Financial Assets for the AML/CFT System

Abstract

The rapid expansion of the digital financial assets (DFA) market in Russia offers new opportunities for market participants while simultaneously creating fresh challenges and risks of financial crimes. The author examines the economic and legal nature of digital rights within the context of Federal Law No. 259-FZ and assesses the effectiveness of current regulations. An analysis of recent judicial and market practices reveals specific predicate and direct risks to the anti-money laundering system, including “controlled defaults” by issuers, fraud, and the emergence of Ponzi schemes. The article also highlights the lack of standardized smart contracts in this market, which complicates the verification of distributed ledger algorithms. Current threats associated with the use of generative artificial intelligence for creating “money mules” and synthetic identity fraud are identified. Based on a comparison of Russian experience with the regulatory approaches of the USA and Thailand, the necessity of forming a proactive legal environment is justified. Recommendations include the need to align regulatory regimes for traditional and digital financial assets and to enhance the professional qualifications of the judiciary.