Miami Crypto and Blockchain Law Firm

Knowledgeable South Florida Attorneys on the Cutting Edge of Blockchain Technology and the Legal Issues It Presents

In the short period cryptocurrency and blockchain technology have been around, they have made a tremendous impact. Bitcoin went from an obscure idea to an accepted method of payment in just under a decade. Blockchain, which provides the technological underpinnings upon which bitcoin is built, has seen similar growth and acceptance. Given this reality, it would be difficult to find anyone who thinks that blockchain’s role in society is going to do anything but increase.

However, blockchain technology has drastically changed the way many companies do business online—and with new opportunities comes new risk. Federal agencies, such as the CFTC, IRS, SEC, and others, are starting to come down hard on blockchain companies, cryptocurrency companies and cryptocurrency investors who violate the complex laws and regulations surrounding this developing legal area. The result is that anyone who is dealing in blockchain technology must stay up-to-date with this ever-changing legal landscape to avoid unwanted federal scrutiny.

What Does a Miami Blockchain Law Firm Do?

Blockchain lawyers help individual and business clients understand the laws surrounding blockchain technology and cryptocurrency, allowing them to make informed decisions and remain in compliance. At Oberheiden P.C., we have hand-selected experienced Miami blockchain lawyers to represent companies and individuals in a wide range of federal matters involving blockchain and cryptocurrencies.

Our staff of cryptocurrency and blockchain lawyers includes former federal prosecutors, regulators, and inspectors. This provides Oberheiden, P.C. with unrivaled knowledge, not only of blockchain technology but also of the federal government’s regulatory framework and enforcement mechanisms. Given our experience, dedication, and vast knowledge of this complex and frequently misunderstood field, we’ve developed a nationwide reputation for being one of the best blockchain law firms in Miami—and the country.

In addition to our in-house legal team, Oberheiden, P.C. has developed strong relationships with blockchain compliance and litigation consultants who previously worked with the IRS, SEC, Federal Bureau of Investigation (FBI), and other federal agencies. These relationships, and the insight they provide, allow us to better understand the “spirit” behind the laws, where the laws are going, and how to most effectively advocate for and advise our clients.

At Oberheiden, P.C., we believe the best solution to any problem is to avoid the problem in the first place. Thus, our Miami cryptocurrency lawyers and consultants help clients avoid federal investigations and inquiries through effective compliance consulting. We also have an extensive record of successfully defending clients facing federal investigations and prosecutions. Regardless of the situation you face, we are available to immediately intervene on behalf of you or your company to lessen the risk of federal charges. We are available at your convenience 24/7, so contact us for a free and confidential case assessment today.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Cryptocurrency and Blockchain Compliance Services

At Oberheiden, P.C., we offer comprehensive compliance services for individuals and businesses operating in the blockchain and cryptocurrency spaces. Regardless of your specific needs, we encourage you to reach out to our Miami blockchain and cryptocurrency lawyers to discuss your issue and learn what we can do to help. Below are some of the most common blockchain compliance matters we routinely handle:

Blockchain Technology

For blockchain technology companies, ensuring ongoing compliance is a challenge. Primarily, this is because the laws and regulations governing blockchain technology are new and change often. This can make it difficult to understand what you need to do to be compliant, which is frustrating, to say the least.

We assist blockchain technology companies with navigating this complicated, de-centralized, and ever-changing regulatory framework. We provide our individual and business clients with information and real-time analysis that allows them to make sound decisions for their business while staying under the government’s radar. We are also skilled at coming up with creative, flexible solutions to ensure our blockchain clients can adapt to the rapidly evolving legal obligations they face on a daily basis.

Cryptocurrency Forks, Halving, and Other Issues

For cryptocurrency companies, cryptocurrency exchanges, and investors, forks, halving, and other events can raise very real compliance concerns. At the same time, many blockchain lawyers are unfamiliar with the regulations that govern these events. At Oberheiden, P.C., our cryptocurrency lawyers can explain your compliance obligations in clear terms. That way, you know what you need to do to avoid any unwanted attention from the federal government.

Cryptocurrency Mining

Cryptocurrency mining is an integral part of the blockchain expansion. As more people realize the benefit of mining, it’s become a popular space. In turn, it has also become the subject of increasingly strict regulation. While any cryptocurrency mining operation can raise compliance issues, large-scale cryptocurrency mining almost certainly triggers legal and regulatory issues. Thus, cryptocurrency miners should make every effort to ensure that their operations are in full compliance.

Cryptocurrency Transactions

As cryptocurrency becomes more accepted, traditional companies that wouldn’t have given bitcoin a second look a decade ago are looking for ways to get into this new and growing asset class. The cryptocurrency lawyers at Oberheiden, P.C. provide advice and thoughtful representation to companies and investors through every stage of a cryptocurrency transaction. Whether you are dealing with international cryptocurrency transactions or have questions about the income tax implications of your cryptocurrency trades, we help you see the make sense of your obligations.

General Corporate and Tax Compliance

The IRS has made it clear that cryptocurrency is a taxable asset. Thus, when setting up or operating a blockchain company, cryptocurrency company, or other business in the blockchain or digital currency industry, it is imperative to ensure you remain compliant with the laws and regulations governing the space. For many years, Oberheiden, P.C. has been a leading federal compliance law firm, assisting companies and executives across all industries in fulfilling their general compliance obligations.

Smart Contracts

Smart contracts are self-executing contracts that rely on blockchain technology to store the contractual terms, as well as the parties’ offer and acceptance. While smart contracts are becoming more common, they do not yet enjoy mainstream acceptance. Oberheiden, P.C. helps companies understand how to effectively use smart contracts to benefit their business and meet their goals. Once we identify your exact needs and develop a strategic plan, we can create and implement smart contracts in your business.

Blockchain and Cryptocurrency Fraud Defense

While focusing on compliance is the best way to avoid a federal cryptocurrency investigation, once an investigation is opened, the focus should shift to creating a comprehensive defense strategy. Unfortunately, given the lack of historical regulation and the patchwork style of laws being passed to address blockchain technology, many well-intentioned companies find themselves in the middle of a federal fraud investigation based on actions they didn’t know were prohibited.

At Oberheiden, P.C., we represent individuals and organizations who are facing investigations and other inquiries by the CFTC, IRS, SEC, and other federal agencies. We also defend clients facing civil and criminal proceedings brought by the DOJ and the U.S. Attorney’s Office arising out of a wide range of blockchain and cryptocurrency fraud, including:

Bank, Computer, and Corporate Fraud
Hacking, Theft, Scamming, and Other Computer Crimes
Money Laundering Involving Cryptocurrency and Blockchain Technology
Tax Evasion and Tax Fraud
Blockchain and Cryptocurrency Investment Fraud
Fraudulent Initial Coin Offerings (ICOs)

Regardless of the nature of the allegations, the stage in the process, or your familiarity with blockchain technology and cryptocurrency generally, having a knowledgeable blockchain and cryptocurrency at your side during this process is essential.

Frequently Asked Questions:

Do I Need to Pay Taxes if I Sold Bitcoin for a Gain?

Yes, if you sold bitcoin or any other cryptocurrency for a gain, you must report the transactions to the IRS when you do your taxes. Whether you will need to pay taxes on the transaction, and if so, how much, depends on how much you made, how long you held the cryptocurrency, your other income and whether you have any losses to offset your gains. If you have questions about how cryptocurrency is taxed, you should reach out to an experienced cryptocurrency and blockchain lawyer at Oberheiden, P.C.

What Should I Look for in a Miami Cryptocurrency and Blockchain Lawyer?

If you are looking for a cryptocurrency and blockchain lawyer, it is important to realize that you have a highly specialized need. This space is not one that most lawyers understand, let alone have a well-developed practice. To this end, your options, while ample, will be limited. That said, it is imperative that the cryptocurrency and blockchain lawyer you select has a nuanced understanding, not only of the applicable laws and regulations but also of the unique compliance needs of your industry. If possible, find a cryptocurrency and blockchain law firm comprised of one or more attorneys who used to work in prosecutorial or regulatory roles within the federal government. This ensures that the firm will be able to see your situation from the government’s perspective, which often yields a better end result.

Is Cryptocurrency Used for Money Laundering?

Yes, historically, those who were looking for ways to turn illicitly-obtained assets into ready-to-spend cash have used cryptocurrency to do so. However, over the past decade, the federal government has cracked down on cryptocurrency transactions and how they’ve been used for money laundering and tax evasion. That said, the government remains laser-focused on eliminating money laundering through the use of cryptocurrency. The result is that it is not uncommon for allegations of money laundering to be brought on thin evidence in hopes of fleshing out the evidence as the case develops or convincing the defendant to settle. At Oberheiden, P.C., we aggressively represent clients facing cryptocurrency money laundering offenses. Our cryptocurrency money laundering lawyers have hands-on experience working within the federal government on all types of money laundering crime and know what it takes to mount a successful defense.