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Cryptocurrencies, like Bitcoin, present challenges to plaintiffs seeking to recover these digital assets. No third-party intermediaries are involved in cryptocurrency transactions, and there is no controlling authority that can revoke or avoid a transaction once completed. The possessor of a cryptocurrency’s private key—its password—has total and exclusive control over the account’s assets. These digital assets cross jurisdictional boundaries without impediment. The features of cryptocurrencies make it easy for defendants to judgment-proof themselves and make these assets difficult to recover after a court has entered judgment. This comment explains cryptocurrency features relevant to asset recovery, explores preand postjudgment procedures as applied to cryptocurrencies, and suggests ways to mitigate the risks of this potentially difficult-to-recover asset.

The Challenges of Cryptocurrency Asset Recovery