Crypto Litigation
How to Recover Cryptocurrency with the Right Lawyer in Court
Cryptocurrency fraud is a new and evolving multi-billion-dollar criminal enterprise, but there are emerging legal strategies for countering the crimes of crypto scammers in court.
When crypto is stolen, the method of theft – pig butchering, romance scams, repair scams, job offer scams or whatever it is – dictates the way a lawyer approaches any attempt at recovery.
If you are cryptocurrency scam victim seeking justice and restitution, take these foundational steps toward recovering your stolen crypto in a court of law:
Step One: Hiring a Lawyer Who Knows the Right Investigators
Tracing and freezing stolen crypto assets make recovering your money in court possible, which requires the knowledge and experience of skilled financial crime investigators.
The best financial crime investigators in the industry are former military or intelligence officers, so hire a lawyer with these connections.
Investigators know what they are doing, and they know where to look for the crypto you have lost.
If they cannot find it, they will tell your lawyer, and your lawyer will tell you. If they can identify your lost crypto, you will move to the next stage of potential recovery.
In college, Geoff Berg volunteered for ROTC, becoming the first student at NYU since the 1960s to do so. Berg PC has partnered with a consortium of digital investigators, including those with backgrounds in three-letter US government agencies.
Step Two: Filing the Right Kind of Lawsuit
When attempting to recover stolen crypto, speed is critical. Victims are often without the assets necessary to live or avoid bankruptcy, and crypto is easily moved, which can make it more difficult to track over time.
Though impatience in these situations is understandable and may even be necessary depending on a victim’s financial situation, it is more important to complete a thorough investigation of your case before stepping into a courtroom with your lawyer.
The relief you are requesting from a judge is not something they see every day. Most judges and juries will have little to no knowledge of cryptocurrency.
It is critical that your lawyer be able to anticipate and honestly, directly, and knowledgeably answer a judge’s questions before making any request of any court.
If your lawyer lacks the knowledge, expertise, and credibility to answer the judge’s questions about cryptocurrency in general and your case in particular, the judge is not going to be comfortable awarding the relief you seek.
Step Three: Be Patient
If you have made it to court and filed a suit, you will want your crypto back the next day, but that is not how the legal system works.
Procedures must be followed and rules obeyed before any final relief is granted. In some cases, you will need to produce documents, give testimony, and even have a trial.
When all is said and done, it is possible to recover stolen cryptocurrency.
To give yourself the best shot at success, expect a marathon and not a sprint, be prepared to work for it, and rely on the best lawyer you can find, someone who is able to combine decades of courtroom experience with in-depth knowledge of crypto and experience in digital asset recovery.
We Pursue Crypto Recovery in the Courtroom
At Berg PC, Geoff Berg is committed to fighting cryptocurrency fraud and further developing legal strategies to make the recovery of stolen money possible.
In 2024 on behalf of two classes of victims, the firm filed and was awarded injunctions freezing 30 wallets holding stolen cryptocurrency believed to have contained tens and possibly hundreds of millions of dollars-worth of stolen crypto.
It is the first order of its kind anywhere in the state of Texas.
Read some of what was filed and awarded by the court:
Our crypto recovery cases are handled on a contingency basis. We are paid with a portion of any recovery. We do not ask for fees up front. If there is no recovery, there is no fee.
Please contact us below to submit your case for a preliminary evaluation. After reviewing your case diligently, we will be in touch with next steps.
If you wish to learn about our developing crypto recovery results and strategies, please visit the dedicated Cryptocurrency Fraud & Recovery page of our website.
Law Enforcement vs. Private Lawyers: What is the Process of Crypto Recovery?
For law enforcement, crypto recovery involves a series of steps they like to keep secret.
Police have powers private citizens and lawyers do not: they can issue grand jury subpoenas, seek warrants to search places or things, file suits to seize property, and indict and arrest scammers.
Law enforcement brings considerable power to bear when recovering and returning your crypto, but they are overwhelmed.
A recent study from John Griffin, a finance professor at the University of Texas at Austin, estimates $75 billion in global victims’ losses to pig butchering scams, and that estimate was in February of 2024.
The number is no doubt much larger now. Given the size and scope of the pig butchering epidemic, law enforcement does not have the resources to help everyone.
Using the right investigators, private lawyers can file suit on your behalf or on behalf of a class of victims. This is an entirely new method of crypto recovery.
Lawyers and courts are still learning how to do it right, but judgments are becoming more frequent. Members of Inca’s team recently obtained a $10.2 million award in New York on behalf of victims of crypto scams.
How Long Does Crypto Recovery Take?
Crypto recovery by law enforcement can be done in a short time. If you have been the victim of a crypto scam, report your loss to the FBI on its IC3 portal: https://www.ic3.gov/.
Unfortunately, the odds of police using their considerable power to investigate and return your stolen cryptocurrency are low – much lower than anyone, including law enforcement, would like.
Going through the courts takes longer, but it is often the only option for victims. In most cases, due process rules require courts to wait at least 75 days before entering a final judgment in your favor.
Practically speaking, recovery takes months. In large cities, where dockets are crowded and courts handle thousands of cases at a time, it could take years.
What Type of Lawyer Do You Need to Recover Crypto Losses?
The lawyer you hire will likely dictate the outcome of your case. You need a lawyer who has tried cases, understands cryptocurrency, the blockchain, and the workings of the crypto economy.
According to the Pew Research Center, only 17% of Americans have ever traded or used cryptocurrency, and 63% believe the system is not safe and reliable.
You need a lawyer who understands crypto well enough to explain it to a judge and jury with no in-depth knowledge of it – someone who can explain how an otherwise normal person found themselves in your situation.
Hiring a lawyer under any circumstances is personal. If you have recently lost money in a crypto scam, it is even more personal: you are vulnerable, shocked, sad, worried, and angry.
You are probably not yourself. Hire a lawyer who understands and empathizes. You should always ask a lawyer whatever relevant questions occur to you.
How long has the lawyer been practicing? What kinds of results has the lawyer gotten? What is the lawyer’s reputation among other lawyers in the area where they practice?
Finally, how aggressive is the lawyer prepared to be? Is the lawyer passionate enough to fight for you?
If you need an experienced trial lawyer to fight for you and the recovery of your stolen crypto, we may be able to help.
Contact a Crypto Recovery Lawyer in Houston, Texas
Berg PC is committed to fighting cryptocurrency fraud and further developing legal strategies to make the recovery of stolen money possible.
We offer initial consultations at no charge. If the firm accepts your case, it will be handled on a contingency fee basis, meaning that if we do not recover money or cryptocurrency on your behalf, you pay nothing.
Please contact us for a preliminary evaluation. After reviewing your case diligently, we will be in touch with next steps.
