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Cryptofraud and the Private Ledger Problem

Chicago, USA 27 June 2024 – 29 June 2024

Douglas Baird (University of Chicago Law School)

C6 Bankruptcy & Firm Boundaries: Asset Transfers, Entity Partitions, and Other Legal Bundles
Chair: Anthony Casey
Room 0021
Law / Other

Abstract

The time is long past when con artists were content with hard assets. Today they induce their victims to part with cash, securities, and other sorts of property that are intangible and readily negotiable. To carry out their schemes, they create multiple shell corporations and hide assets inside of them. Transactions involving intangible property move at the speed of light and are infinitely manipulable. Sorting out property rights in the ordinary fashion—such as tracing the path a piece of property took in going from one person to an-other—is hard. In the world of cryptocurrency, it is some-times not even possible. Traditional markers of ownership are often altogether absent. This world provides an ideal place to test conventional accounts of property and explore first principles.

This paper has been marked as unpublished by the author.