Terrorists may be increasingly turning to cryptocurrencies to evade sanctions and finance terrorist acts, as recent prosecutions and reports suggest. Under the Antiterrorism Act (“ATA”), as amended by the Justice Against Sponsors of Terrorism Act (“JASTA”), companies working with cryptocurrencies may expose themselves to civil terrorism litigation or governmental investigations if they indirectly support operatives perpetrating terrorist acts—such as through the provision of banking services, or assistance transacting with, transferring, or “mixing” cryptocurrencies.
