California signed a law covering certain large digital asset transactions tied to crime and allowing courts to approve seizures that may help repay victims.
People could face money laundering charges for certain large digital asset transactions if they intend to promote crime or know the assets came from crime.
With court approval, officers could seize digital assets tied to certain crimes. A prosecutor may seek forfeiture, but known owners get notice and a chance to claim the assets.
Forfeited digital assets would go toward victims’ actual losses. Any assets left after up to three years in government custody would fund victim services.
A person may be convicted of money laundering for certain transactions using digital assets. This applies to transactions over $5,000 in seven days or over $25,000 in 30 days, using digital assets or through one or more financial institutions. The person must act with specific intent to promote criminal activity or know the assets came from criminal activity. This expanded rule lasts until January 1, 2032.
A law enforcement officer or prosecutor may seek a warrant to seize digital assets tied to specified crimes. The warrant may cover digital assets, wallets, accounts, or similar things holding digital assets. It may reach assets tied to victims or crimes elsewhere if a California crime gives the court jurisdiction. A court must find probable cause that the assets contain crime proceeds, are traceable to crime, or were used to help commit crime. A warrant must identify where and how assets will be seized and how much may be taken. A prosecutor may start a forfeiture case within 180 days. Known potential owners and people with a known security interest must receive notice; a claimant has 30 days after service to file a verified claim with supporting evidence. A prosecutor must start a forfeiture case within 180 days of seizure unless a court extends the deadline for good cause. If no case starts and return is not barred by law, the assets must be returned.
A prosecutor must distribute forfeited assets to eligible victims; any amount left over goes to the Restitution Fund for victim services. This applies to digital assets forfeited through the new seizure process. Victims of the crimes or fraud schemes tied to the case share assets in proportion to their actual losses. A prosecutor may include additional victims if a claims process is practical and not unduly burdensome. Assets not distributed to victims must be kept by law enforcement or the prosecutor for no more than three years, then deposited in the Restitution Fund for victim services. The agency must distribute assets to victims as soon as practical unless proceedings are stayed; any undistributed assets go to the Restitution Fund after no more than three years.
No hearings or votes scheduled.