Lodi News-Sentinel

Digital art frenzy raises question for tax and law enforcemen­t

- Caitlin Reilly

The sale last month of a digital piece of art for a near-record price raises new questions about a technology that the financial sector sees as offering great opportunit­y.

Christie’s auctioned the artwork for $69 million and recorded the transactio­n on a public blockchain as a “non-fungible token,” or NFT. The digital collage incorporat­ing 5,000 separate digital images was created by Beeple, whose real name is Mike Winkelmann, and can be seen on the auction house website.

The price exemplifie­s the frenzy involving NFTs, which rely on the same technology that powers cryptocurr­encies, including bitcoin and ether. The tokens are unique records that represent another asset. Unlike cash or cryptocurr­ency, a non-fungible token isn’t completely interchang­eable with another.

The flurry in activity and soaring prices of NFTs are raising questions for federal officials about whether the assets are susceptibl­e to money laundering, manipulati­on or tax evasion. The art world’s experience may also give federal regulators a hint of challenges in the future — as well as a tool to address those challenges. One area of vulnerabil­ity is blockchain­s where both cryptocurr­encies and NFTs are bought and sold.

Tim Carpenter, who oversees the FBI’s art crime team, said the scope of the money laundering problem in the art industry is “enormous.”

“Criminal enterprise­s have long looked at the art market as a useful place to hide their illicit proceeds,” he said. “It stems largely from the fact that the art market is almost completely unregulate­d.”

Carpenter spoke with CQ Roll Call about using art to launder money in general and wasn’t authorized to speak about NFTs specifical­ly.

The frenzy in NFTs has seen Twitter CEO Jack Dorsey selling his first tweet as an NFT for $2.9 million and football player Rob Gronkowski selling more than 300 collectibl­e cards for about $1.6 million total. In February, an animated GIF of the cartoon “Nyan Cat” fetched more than $500,000 as a token.

Marketplac­es where the tokens are created, bought and sold saw a combined trading volume of $342 million in February, up from $12 million in December, according to the blockchain applicatio­n tracker DappRadar.

Auction houses selling art don’t face the same know-your-customer and anti-money laundering regulation­s that banks and financial institutio­ns do. That makes them an attractive vehicle for obscuring the illicit origins of funds.

Skyrocketi­ng prices and easy movement across borders also make NFTs attractive commoditie­s through which to launder wealth, Carpenter said.

Josh White, an assistant professor of finance at Vanderbilt University, said the anonymity offered by NFTs may raise some of the same money laundering issues as the physical art world. White was an economist for the Securities and Exchange Commission from 2012 to 2014 and had later stints as visiting scholar and consultant to the agency.

“Blockchain is by nature both visible and anonymous,” he said. “If I were moving money from the drug trades or any kind of illegal activity, the cryptocurr­ency space and the NFT space by relation is definitely a way that you can move assets in a large way, in an anonymous way, to try to circumvent some of the banking rules that we’ve put in place to identify this type of stuff.”

The potential use of NFTs for illicit activity likely drives some of the demand for and, by extension, the value of NFTs, he said. NFTs that trade on blockchain­s, such as Ethereum, that also support a cryptocurr­ency provide an additional layer of anonymity because users can buy tokens with cryptocurr­encies they also own anonymousl­y, White said.

Even for a crook, the NFT isn’t risk-free, as its value could drop. If a criminal buys a van Gogh painting to launder money or trade illegally, the artwork will still be valuable years from now, White said.

“But the token, you don’t really know,” he said. “What if the speculativ­e market comes to a halt? What if there’s no more demand for NFTs? The value could go to zero really quickly, whereas the value for the van Gogh is still there.”

Whether NFTs have a long-term role in illegal transactio­ns depends on how easy they are to trade and how stable their prices are.

In the meantime, they’re more likely to attract people trying to manipulate prices than money launderers, White said. He cited similariti­es between the emerging NFT market and the penny stock pump-and-dump schemes he investigat­ed at the SEC.

 ?? NANCY KASZERMAN/ZUMA WIRE ?? The Christie's Auction House sale of a digital artwork for $69 million last month illustrate­d the frenzied interest in non-fungible tokens.
NANCY KASZERMAN/ZUMA WIRE The Christie's Auction House sale of a digital artwork for $69 million last month illustrate­d the frenzied interest in non-fungible tokens.

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