
Abstract
This research report delves into the multifaceted challenges law enforcement agencies face in combating the ever-evolving landscape of cybercrime, with a specific focus on ransomware attacks. While increased law enforcement efforts are often cited as a contributing factor in the observed decrease in ransomware payments, a comprehensive understanding of the underlying strategies, inherent difficulties, and the critical role of international cooperation is essential. This report examines the strategies employed by law enforcement, including proactive measures, investigative techniques, and collaborative initiatives. It analyzes the persistent challenges in identifying and prosecuting cybercriminals, focusing on issues of attribution, jurisdiction, and the technical complexities of cyber investigations. Furthermore, it emphasizes the importance of international cooperation in overcoming jurisdictional boundaries and fostering information sharing. Finally, the report evaluates the impact of these efforts on deterring ransomware attacks and explores potential avenues for strengthening law enforcement’s capabilities in this domain. We conclude that while law enforcement plays a crucial role, a holistic approach involving improved cybersecurity practices, public awareness, and robust international legal frameworks is necessary for long-term success in mitigating the ransomware threat.
Many thanks to our sponsor Esdebe who helped us prepare this research report.
1. Introduction
The digital age has ushered in an era of unprecedented connectivity and technological advancement, but it has also spawned a new wave of criminal activity: cybercrime. Among the most disruptive and financially damaging forms of cybercrime is ransomware, where malicious actors encrypt victims’ data and demand payment for its decryption. The impact of ransomware extends far beyond individual victims, affecting businesses, critical infrastructure, and even national security (Anderson et al., 2020). Recent reports have suggested a decrease in ransomware payments, often attributed, in part, to increased law enforcement efforts. However, understanding the complexities of this dynamic landscape requires a deeper examination of the specific strategies employed by law enforcement, the challenges they encounter, the significance of international cooperation, and the overall impact on deterring these attacks.
This research report aims to provide a comprehensive analysis of law enforcement’s role in combating ransomware. It moves beyond the simplistic notion that increased activity directly translates to complete success. Instead, it explores the nuanced realities of cybercrime investigation and prosecution, highlighting the limitations and opportunities for improvement. The analysis takes an expert perspective, acknowledging the inherent difficulties in attribution, jurisdiction, and the fast-paced evolution of cybercriminal tactics. Furthermore, it critically examines the effectiveness of various law enforcement approaches and proposes recommendations for enhancing their capabilities in the ongoing fight against ransomware.
Many thanks to our sponsor Esdebe who helped us prepare this research report.
2. Law Enforcement Strategies in Combating Ransomware
Law enforcement agencies employ a diverse range of strategies in their efforts to combat ransomware, encompassing both proactive and reactive approaches. These strategies can be broadly categorized into the following areas:
2.1 Proactive Measures: Deterrence and Prevention
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Cybersecurity Awareness Programs: Law enforcement agencies often engage in public awareness campaigns to educate individuals and organizations about ransomware threats, preventative measures, and best practices for cybersecurity. These campaigns aim to reduce the vulnerability of potential victims by promoting practices such as strong passwords, multi-factor authentication, regular software updates, and employee training (ENISA, 2021).
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Partnerships with the Private Sector: Collaboration with cybersecurity firms, technology companies, and industry associations is crucial for gathering threat intelligence, sharing best practices, and developing effective defenses against ransomware. These partnerships facilitate the exchange of information about emerging threats, vulnerabilities, and attack techniques (Europol, 2020). Active engagement in collaborative threat intelligence platforms is critical to maintaining awareness of the most up to date malware variants and attacker infrastructure.
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Cybersecurity Audits and Assessments: Law enforcement agencies may conduct cybersecurity audits and assessments of critical infrastructure and government organizations to identify vulnerabilities and recommend security improvements. These assessments can help organizations proactively address weaknesses that could be exploited by ransomware attackers.
2.2 Reactive Measures: Investigation and Prosecution
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Incident Response and Investigation: When a ransomware attack occurs, law enforcement agencies play a critical role in incident response, investigation, and evidence collection. This involves working with victims to contain the attack, identify the source of the infection, and gather forensic evidence that can be used to identify and prosecute the perpetrators. Furthermore, they may assist in decrypting data, if possible, or providing guidance on data recovery.
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Cybercrime Task Forces: Many law enforcement agencies have established specialized cybercrime task forces dedicated to investigating and prosecuting cybercriminals, including those involved in ransomware attacks. These task forces typically consist of investigators with expertise in computer forensics, digital evidence, and cyber intelligence.
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Financial Investigations: Ransomware attacks often involve the transfer of illicit funds, which can be traced through financial institutions and cryptocurrency exchanges. Law enforcement agencies conduct financial investigations to identify and seize the proceeds of ransomware attacks, disrupt the financial infrastructure of ransomware gangs, and potentially identify the perpetrators (FATF, 2020).
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International Collaboration: As ransomware attacks often cross international borders, cooperation with law enforcement agencies in other countries is essential. This collaboration can involve sharing information, coordinating investigations, and extraditing suspects. International law enforcement organizations such as Interpol and Europol play a vital role in facilitating this cooperation.
2.3 Innovative Approaches: Honeypots and Takedowns
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Honeypots and Decoy Networks: The strategic deployment of honeypots and decoy networks can attract ransomware actors, allowing law enforcement to monitor their activities, gather intelligence, and potentially identify the perpetrators. These systems are designed to mimic real systems but are closely monitored for malicious activity.
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Takedown Operations: Law enforcement agencies have conducted takedown operations to disrupt the infrastructure used by ransomware gangs, such as command-and-control servers, dark web forums, and cryptocurrency wallets. These operations aim to dismantle the ransomware ecosystem and reduce the ability of attackers to launch attacks.
While these strategies offer a framework for law enforcement action, their effectiveness is contingent upon overcoming several significant challenges.
Many thanks to our sponsor Esdebe who helped us prepare this research report.
3. Challenges in Tracking and Prosecuting Cybercriminals
Tracking and prosecuting cybercriminals involved in ransomware attacks presents a complex and multifaceted set of challenges, including:
3.1 Attribution and Anonymity
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Technical Obfuscation: Cybercriminals employ various techniques to conceal their identities and locations, such as using virtual private networks (VPNs), proxy servers, and anonymization networks like Tor. These techniques make it difficult to trace the origin of ransomware attacks and identify the individuals responsible.
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False Flag Operations: Attackers may intentionally leave false clues or attribute their attacks to other individuals or groups to mislead investigators and divert attention away from themselves. This can involve using stolen credentials, mimicking the tactics of other threat actors, or even fabricating evidence.
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Use of Cryptocurrency: Ransomware payments are typically demanded in cryptocurrency, which offers a degree of anonymity and makes it difficult to track the flow of funds. While cryptocurrency transactions are recorded on a public ledger (blockchain), identifying the individuals behind the associated wallets requires sophisticated forensic analysis and collaboration with cryptocurrency exchanges.
3.2 Jurisdictional Issues
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Cross-Border Nature of Cybercrime: Ransomware attacks often originate from and target victims in different countries, making it difficult to determine which jurisdiction has the authority to investigate and prosecute the crime. This can lead to conflicts of jurisdiction and delays in investigations.
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Lack of Extradition Treaties: Even when cybercriminals are identified and located in another country, extradition may not be possible if there is no extradition treaty between the countries involved or if the alleged crime is not recognized as a criminal offense in the suspect’s country. This can effectively shield cybercriminals from prosecution.
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Varying Legal Frameworks: Different countries have different laws and regulations regarding cybercrime, which can create challenges in prosecuting cybercriminals who operate across borders. For example, some countries may not have laws specifically criminalizing ransomware attacks or may have different standards for admissibility of digital evidence.
3.3 Technical Expertise and Resources
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Shortage of Skilled Cybercrime Investigators: Investigating cybercrime requires specialized technical expertise in areas such as computer forensics, malware analysis, and network security. However, there is a global shortage of skilled cybercrime investigators, which limits the capacity of law enforcement agencies to effectively investigate and prosecute ransomware attacks.
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Rapid Evolution of Cybercriminal Tactics: Cybercriminals are constantly developing new and sophisticated techniques to evade detection and compromise systems. Law enforcement agencies must continuously update their skills and tools to keep pace with these evolving threats. This requires ongoing training, investment in new technologies, and collaboration with cybersecurity experts.
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Resource Constraints: Cybercrime investigations can be time-consuming and resource-intensive, requiring significant investment in technology, personnel, and travel. Many law enforcement agencies lack the resources to effectively investigate and prosecute all reported cybercrimes, leading to a backlog of cases and a reduced deterrent effect.
3.4 Legal and Evidentiary Challenges
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Admissibility of Digital Evidence: Digital evidence can be easily altered or destroyed, making it challenging to authenticate and admit in court. Law enforcement agencies must follow strict procedures for collecting, preserving, and analyzing digital evidence to ensure its admissibility.
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Privacy Concerns: Cybercrime investigations often involve accessing and analyzing personal data, which raises privacy concerns. Law enforcement agencies must balance the need to investigate and prosecute cybercrimes with the need to protect individuals’ privacy rights. This requires adherence to strict legal standards and the implementation of appropriate safeguards.
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International Legal Frameworks: Existing international legal frameworks for addressing cybercrime are often fragmented and incomplete, making it difficult to effectively prosecute cybercriminals who operate across borders. Efforts are underway to develop more comprehensive and harmonized international legal frameworks, but progress has been slow.
These challenges highlight the need for enhanced collaboration, information sharing, and capacity building within law enforcement agencies and across international borders.
Many thanks to our sponsor Esdebe who helped us prepare this research report.
4. The Role of International Cooperation
International cooperation is paramount in combating ransomware and other forms of cybercrime. The inherently transnational nature of these threats necessitates a collaborative approach that transcends national borders. This cooperation manifests in several key areas:
4.1 Information Sharing and Threat Intelligence
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Real-Time Information Sharing: Law enforcement agencies need to share real-time information about ransomware attacks, threat actors, and emerging trends. This includes sharing indicators of compromise (IOCs), such as IP addresses, domain names, and file hashes, as well as information about attack techniques and vulnerabilities.
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Joint Threat Intelligence Platforms: The establishment of joint threat intelligence platforms, where law enforcement agencies can securely share and analyze cyber threat information, is essential. These platforms can provide a comprehensive view of the global cyber threat landscape and facilitate coordinated responses to ransomware attacks.
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Public-Private Partnerships: Collaboration between law enforcement agencies and the private sector, particularly cybersecurity firms and technology companies, is crucial for gathering and sharing threat intelligence. These partnerships can leverage the expertise and resources of both sectors to enhance cyber threat detection and prevention.
4.2 Joint Investigations and Operations
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Cross-Border Investigations: Law enforcement agencies need to conduct joint investigations into ransomware attacks that cross international borders. This involves sharing investigative leads, coordinating evidence collection, and conducting joint interviews of suspects and witnesses.
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Joint Takedown Operations: Law enforcement agencies can conduct joint takedown operations to disrupt the infrastructure used by ransomware gangs, such as command-and-control servers, dark web forums, and cryptocurrency wallets. These operations require careful coordination and collaboration to ensure their success.
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Mutual Legal Assistance Treaties (MLATs): MLATs are formal agreements between countries that facilitate the exchange of information and evidence for criminal investigations. Law enforcement agencies rely on MLATs to obtain evidence located in other countries and to extradite suspects. However, MLAT processes can be slow and cumbersome, which can hinder cybercrime investigations.
4.3 Capacity Building and Training
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Joint Training Programs: Law enforcement agencies need to participate in joint training programs to enhance their skills and knowledge in cybercrime investigation and prosecution. These programs can cover topics such as computer forensics, malware analysis, digital evidence collection, and international cooperation.
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Knowledge Transfer: Law enforcement agencies can exchange best practices and lessons learned in combating ransomware. This can involve sharing investigative techniques, forensic tools, and legal strategies. Knowledge transfer can help to improve the effectiveness of cybercrime investigations and prosecutions worldwide.
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Technical Assistance: Law enforcement agencies in developed countries can provide technical assistance to law enforcement agencies in developing countries to help them build their cybercrime investigation and prosecution capabilities. This assistance can include providing equipment, software, and training, as well as mentoring and support.
4.4 Harmonization of Laws and Regulations
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Cybercrime Conventions: International conventions, such as the Council of Europe’s Convention on Cybercrime (Budapest Convention), provide a legal framework for international cooperation in combating cybercrime. These conventions promote the harmonization of laws and regulations related to cybercrime, facilitate the exchange of information and evidence, and promote extradition and mutual legal assistance.
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Model Laws and Legislation: International organizations, such as the United Nations Office on Drugs and Crime (UNODC), develop model laws and legislation on cybercrime that can be adopted by countries to strengthen their legal frameworks. These model laws provide guidance on criminalizing cyber offenses, establishing procedures for cybercrime investigations, and protecting digital evidence.
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Cross-Border Data Sharing Agreements: Agreements that facilitate the cross-border transfer of data for law enforcement purposes are essential for investigating cybercrime. These agreements should address issues such as data privacy, data security, and the admissibility of digital evidence.
While international cooperation is essential, significant challenges remain. Differing legal frameworks, political sensitivities, and resource limitations can hinder effective collaboration. Strengthening international cooperation requires sustained commitment, trust-building, and the development of robust legal and institutional mechanisms.
Many thanks to our sponsor Esdebe who helped us prepare this research report.
5. Impact on Deterring Ransomware Attacks
Measuring the direct impact of law enforcement efforts on deterring ransomware attacks is a complex undertaking, fraught with challenges. It is difficult to isolate the specific effect of law enforcement activities from other factors that influence the ransomware landscape, such as technological advancements in cybersecurity, changes in attacker tactics, and fluctuations in cryptocurrency prices. However, several indicators suggest that law enforcement efforts are having a positive, albeit limited, impact:
5.1 Disruption of Ransomware Operations
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Takedown of Ransomware Groups: Law enforcement agencies have successfully disrupted the operations of several prominent ransomware groups through takedown operations. These operations involve seizing infrastructure, arresting members of the group, and disrupting their ability to launch attacks. While these takedowns can have a significant impact on the ransomware ecosystem, they are often temporary, as new groups emerge to take their place (Dunn et al., 2021).
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Seizure of Ransomware Proceeds: Law enforcement agencies have seized significant amounts of cryptocurrency from ransomware attackers, disrupting their financial incentives and hindering their ability to fund future attacks. These seizures send a message to cybercriminals that their illicit activities will not go unpunished.
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Arrest and Prosecution of Ransomware Actors: The arrest and prosecution of ransomware actors can serve as a deterrent to other potential attackers. These prosecutions demonstrate that law enforcement agencies are capable of identifying, apprehending, and holding accountable individuals involved in ransomware attacks. However, the relatively low number of arrests and prosecutions compared to the overall volume of ransomware attacks suggests that the deterrent effect is limited.
5.2 Increased Costs and Risks for Ransomware Actors
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Increased Security Measures: Increased awareness of the ransomware threat has led to the implementation of stronger security measures by organizations and individuals. These measures, such as multi-factor authentication, endpoint detection and response (EDR) solutions, and improved backup and recovery procedures, make it more difficult for ransomware attackers to compromise systems and exfiltrate data. This, in turn, increases the costs and risks associated with ransomware attacks.
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Enhanced Threat Intelligence: Improved threat intelligence sharing among law enforcement agencies, cybersecurity firms, and private sector organizations has made it easier to detect and prevent ransomware attacks. This reduces the likelihood of successful attacks and increases the risk of detection and prosecution for ransomware actors.
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Stricter Regulations: Governments are increasingly enacting stricter regulations related to cybersecurity and data protection, which can create a more challenging environment for ransomware attackers. These regulations may impose penalties for data breaches, require organizations to implement specific security measures, and restrict the use of certain technologies. This creates an additional layer of risk for threat actors, since they are held accountable for their actions.
5.3 Shift in Ransomware Tactics
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Targeting of Smaller Organizations: As larger organizations implement stronger security measures, ransomware attackers are increasingly targeting smaller organizations that may have weaker security defenses. This shift in tactics suggests that law enforcement efforts and improved security practices are making it more difficult to target larger, more well-defended organizations.
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Focus on Data Exfiltration: With the growing awareness of the importance of backups and data recovery, ransomware attackers are increasingly focusing on data exfiltration as a means of extortion. This involves stealing sensitive data and threatening to release it publicly if the ransom is not paid. This shift in tactics poses new challenges for law enforcement agencies, as it requires them to investigate data breaches and prevent the dissemination of stolen data.
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Use of Ransomware-as-a-Service (RaaS): The rise of RaaS models has lowered the barrier to entry for ransomware attacks, allowing less skilled cybercriminals to launch attacks using pre-built tools and infrastructure. This makes it more difficult for law enforcement agencies to track and prosecute ransomware actors, as they may be operating under the umbrella of a larger RaaS organization.
Despite these positive indicators, ransomware remains a persistent and evolving threat. Law enforcement efforts alone are not sufficient to completely eradicate ransomware attacks. A comprehensive approach that combines law enforcement actions with improved cybersecurity practices, public awareness campaigns, and international cooperation is essential for long-term success.
Many thanks to our sponsor Esdebe who helped us prepare this research report.
6. Conclusion and Recommendations
This report has explored the complex and multifaceted challenges law enforcement agencies face in combating ransomware attacks. While increased law enforcement efforts are often cited as a contributing factor in the observed decrease in ransomware payments, a deeper understanding of the underlying strategies, inherent difficulties, and the critical role of international cooperation is essential.
Law enforcement agencies employ a diverse range of strategies, encompassing proactive measures, investigative techniques, and collaborative initiatives. However, they face persistent challenges in identifying and prosecuting cybercriminals, including issues of attribution, jurisdiction, and the technical complexities of cyber investigations. International cooperation is paramount in overcoming jurisdictional boundaries and fostering information sharing.
The impact of law enforcement efforts on deterring ransomware attacks is difficult to quantify, but there is evidence to suggest that these efforts are having a positive, albeit limited, impact. Disruption of ransomware operations, increased costs and risks for ransomware actors, and shifts in ransomware tactics all point to the effectiveness of law enforcement actions. However, ransomware remains a persistent and evolving threat, and law enforcement efforts alone are not sufficient to completely eradicate it.
To enhance law enforcement’s capabilities in the fight against ransomware, the following recommendations are proposed:
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Invest in training and resources for cybercrime investigators: Law enforcement agencies need to increase their investment in training and resources for cybercrime investigators to ensure that they have the skills and tools necessary to effectively investigate and prosecute ransomware attacks.
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Strengthen international cooperation: Law enforcement agencies need to strengthen their cooperation with law enforcement agencies in other countries to share information, coordinate investigations, and extradite suspects. This requires building trust, establishing clear communication channels, and harmonizing legal frameworks.
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Promote public-private partnerships: Law enforcement agencies need to foster stronger partnerships with cybersecurity firms, technology companies, and industry associations to gather threat intelligence, share best practices, and develop effective defenses against ransomware.
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Increase public awareness: Law enforcement agencies need to continue to raise public awareness of the ransomware threat and educate individuals and organizations about preventative measures, best practices for cybersecurity, and how to report ransomware attacks.
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Develop clear legal frameworks: Governments need to develop clear legal frameworks that criminalize ransomware attacks, establish procedures for cybercrime investigations, and protect digital evidence. These frameworks should be consistent with international standards and promote international cooperation.
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Focus on disrupting the ransomware ecosystem: Law enforcement agencies need to focus on disrupting the entire ransomware ecosystem, including the infrastructure used by ransomware gangs, the cryptocurrency exchanges used to launder ransomware proceeds, and the dark web forums where ransomware tools and services are sold.
By implementing these recommendations, law enforcement agencies can strengthen their capabilities in combating ransomware and contribute to a safer and more secure cyberspace. However, it is important to recognize that law enforcement is only one part of the solution. A holistic approach that involves improved cybersecurity practices, public awareness, and robust international legal frameworks is necessary for long-term success in mitigating the ransomware threat.
Many thanks to our sponsor Esdebe who helped us prepare this research report.
References
Anderson, K., et al. (2020). Ransomware: A Growing Threat to Businesses and Critical Infrastructure. Congressional Research Service.
Dunn, A., et al. (2021). Disrupting Ransomware: Lessons Learned from the Colonial Pipeline Attack. Atlantic Council.
ENISA. (2021). Ransomware: State of Play. European Union Agency for Cybersecurity.
Europol. (2020). Internet Organised Crime Threat Assessment (IOCTA).
FATF. (2020). Virtual Assets: Red Flag Indicators of Money Laundering and Terrorist Financing. Financial Action Task Force.