www.nytimes.com Open in urlscan Pro
151.101.1.164  Public Scan

URL: https://www.nytimes.com/2022/07/26/technology/kraken-crypto-iran.html
Submission: On July 26 via api from US — Scanned from DE

Form analysis 1 forms found in the DOM

POST https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2022/07/26/technology/kraken-crypto-iran.html&apn=com.nytimes.android&amv=9837&ibi=com.nytimes.NYTimes&isi=284862083

<form style="visibility:hidden" method="post" action="https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2022/07/26/technology/kraken-crypto-iran.html&amp;apn=com.nytimes.android&amp;amv=9837&amp;ibi=com.nytimes.NYTimes&amp;isi=284862083"
  data-testid="MagicLinkForm"><input type="hidden" value="web.fwk.vi" name="client_id"><input type="hidden"
    value="https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2022/07/26/technology/kraken-crypto-iran.html&amp;apn=com.nytimes.android&amp;amv=9837&amp;ibi=com.nytimes.NYTimes&amp;isi=284862083" name="redirect_uri"><input type="hidden"
    value="code" name="response_type"><input type="hidden" value="no-state" name="state"><input type="hidden" value="default" name="scope"></form>

Text Content

Sections
SEARCH
Skip to contentSkip to site index
Technology

Subscribe for €0.50/weekLog in
Tuesday, July 26, 2022
Today’s Paper

Technology|Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions

https://www.nytimes.com/2022/07/26/technology/kraken-crypto-iran.html
 * Give this article
 * 
 * 


CRYPTOCURRENCY

 * Crypto Terms to Know
 * A Guide to Digital Currency
 * Crypto Businesses, Explained
 * An Unstable Industry

Advertisement

Continue reading the main story



Supported by

Continue reading the main story





KRAKEN, A U.S. CRYPTO EXCHANGE, IS SUSPECTED OF VIOLATING SANCTIONS

The Treasury Department is investigating whether the crypto exchange allowed
users in Iran to buy and sell digital tokens, said people with knowledge of the
matter.

 * Send any friend a story
   
   As a subscriber, you have 10 gift articles to give each month. Anyone can
   read what you share.
   
   
   Give this article
 * 
 * 
 * Read in app
   


Jesse Powell, chief executive of Kraken, in San Francisco in 2014. The Treasury
Department has been investigating the company since 2019.Credit...David Paul
Morris/Bloomberg


By Ryan Mac and David Yaffe-Bellany

July 26, 2022, 1:54 p.m. ET

Kraken, one of the world’s largest cryptocurrency exchanges, is under federal
investigation, suspected of violating U.S. sanctions by allowing users in Iran
and elsewhere to buy and sell digital tokens, according to five people
affiliated with the company or with knowledge of the inquiry.

The Treasury Department’s Office of Foreign Assets Control has been
investigating Kraken since 2019 and is expected to impose a fine, said the
people, who declined to be identified for fear of retribution from the company.
Kraken would be the largest U.S. crypto firm to face an enforcement action from
O.F.A.C. Sanctions against Iran, which the United States imposed in 1979,
prohibiting the export of goods or services to people or entities in the
country.

The federal government has increasingly cracked down on crypto companies, which
are lightly regulated, as the market for digital currencies has grown. Tether, a
stablecoin company, was fined by the Commodity Futures Trading Commission for
misstatements about its reserves last year, while the Justice Department brought
insider-trading charges this month against an ex-employee of Coinbase, the
largest U.S. crypto exchange.



Advertisement

Continue reading the main story



Scrutiny of the industry has risen in recent months as the crypto market went
into meltdown and several companies, such as Voyager Digital and Celsius
Network, collapsed.




Kraken, a private company valued at $11 billion that allows users to buy, sell
or hold various cryptocurrencies, has previously faced regulatory actions. Last
year, the C.F.T.C. levied a $1.25 million penalty against the company for a
prohibited trading service.

In an internal conversation about employee benefits in 2019, Jesse Powell,
Kraken’s chief executive, suggested he would consider breaking the law in a wide
range of situations if the advantages to the company outweighed potential
penalties, according to messages seen by The New York Times. The company has
also been dealing with internal conflict over issues including race and gender,
which were stoked by Mr. Powell.

Marco Santori, Kraken’s chief legal officer, said the company “does not comment
on specific discussions with regulators.” He added, “Kraken closely monitors
compliance with sanctions laws and, as a general matter, reports to regulators
even potential issues.”

A Treasury spokeswoman said the agency “does not confirm or comment on potential
or ongoing investigations” and was committed to enforcing “sanctions that
protect U.S. national security.”



Advertisement

Continue reading the main story



Sanctions are some of the most powerful tools the United States has to influence
the behavior of nations it does not consider allies. But cryptocurrencies pose a
threat to sanctions because the digital coins don’t flow through the traditional
banking system, making the funds harder for the government to control.




In October, the Treasury Department warned that cryptocurrencies “potentially
reduce the efficacy of American sanctions.” It released a 30-page compliance
manual that recommended cryptocurrency companies use geolocation tools to weed
out customers in restricted regions.

“The fact that crypto can move without a bank or intermediary means that
exchanges are responsible for certain types of financial regulatory compliance,”
said Hailey Lennon, a lawyer at Anderson Kill who handles regulatory issues in
crypto.

Kraken and the issue of sanctions surfaced in a November 2019 lawsuit by a
former employee from the finance department, Nathan Peter Runyon, who accused
the start-up of generating revenue from accounts in sanctioned countries. He
said he brought the matter to Kraken’s chief financial officer and top
compliance official in early 2019, according to legal filings. (The suit was
settled last year.)

That same year, O.F.A.C. began investigating Kraken, focusing on the company’s
accounts in Iran, said the people familiar with the investigation. Kraken’s
customers have also opened accounts in Syria and Cuba, two other countries under
U.S. sanctions, the people said.

In 2020, O.F.A.C. fined BitGo, a digital wallet service with an office in Palo
Alto, Calif., more than $98,000 in 2020 for 183 apparent sanctions violations.
Last year, it fined BitPay, an Atlanta-based crypto payment processor, more than
$500,000 for 2,102 apparent violations. Coinbase also disclosed in a 2021
financial filing that it sent notices to O.F.A.C. flagging transactions that may
have violated sanctions, though the agency hasn’t taken any enforcement action.

Mr. Powell co-founded Kraken in 2011 and was an early proponent of Bitcoin, a
digital currency that was marketed as being free of any government’s influence
or regulation.



Advertisement

Continue reading the main story



In 2018, the New York Attorney General’s office asked Kraken and 12 other
exchanges to answer a questionnaire about their operations. Kraken refused to
respond, with Mr. Powell calling New York “hostile to business” on Twitter.


Image

Kraken allows users to buy, sell, or hold various
cryptocurrencies.Credit...Kraken


In 2019, Mr. Powell got into an argument on Slack about parental leave at
Kraken, according to messages viewed by The Times. Mr. Powell said parental
leave was a burden for the company because a child “might as well be a second
job, a distracting hobby or a harmful addiction” and “is something outside of
work that has a negative impact on work.”

The conversation soon shifted to a discussion of legal requirements. Mr. Powell
said that in his “formula for everything,” it was important to consider whether
it’s “worth the risk to not follow the legal requirement.” He added, “Not
following the law would by default be ‘ill-advised,’ but it always has to be
considered as an option.”

Mr. Powell did not respond to an email requesting comment.

This year, Mr. Powell was one of the loudest voices in the crypto industry
resisting calls to shut down accounts in Russia after it invaded Ukraine. The
United States has sanctioned some individuals and businesses in Russia, but it
hasn’t required crypto companies to cut off access to the country entirely.

As of last month, Kraken appeared to still be servicing accounts in sanctioned
countries such as Iran, according to a spreadsheet that Mr. Powell posted to a
companywide Slack channel to show where the company’s customers were located. He
said the data came from residence information listed on “verified accounts.”

The spreadsheet said Kraken had 1,522 users with residences in Iran, 149 in
Syria and 83 in Cuba, according to figures seen by The Times. The company also
had more than 2.5 million users with residences in the United States and more
than 500,000 in Britain. The spreadsheet was soon made unavailable to most
employees.








Advertisement

Continue reading the main story





SITE INFORMATION NAVIGATION

 * © 2022 The New York Times Company

 * NYTCo
 * Contact Us
 * Accessibility
 * Work with us
 * Advertise
 * T Brand Studio
 * Your Ad Choices
 * Privacy Policy
 * Terms of Service
 * Terms of Sale
 * Site Map
 * Canada
 * International
 * Help
 * Subscriptions



Support independent journalism.

See subscription options