Falta de regulación del delito de lavado de activos mediante el uso de criptomonedas.

Abstract

This research work makes an exhaustive analysis of the use of cryptocurrencies as a method for committing money laundering of illicitly acquired assets in Ecuador. Cryptocurrencies are decentralized by nature, which means no public nor private entity controls their purchase and sale, and by consequence no records are kept of any transaction, also the fact that they are acquired anonymously makes the concealment of the illicitly acquired assets easier. The above mentioned represents a problem when a user performs unusual activities and the state, through any institution, tries to trace its transactions to know about the origin of such assets. In Ecuador no authority has expressly stated whether the exchange or use of cryptocurrencies is prohibited, however, the Financial Monetary Code establishes that the dollar is the legal tender and the only payment method in Ecuador. Additionally, it is stated the need of a legal reform to the article 317 of the Criminal Code, corresponding to money laundering, which due to the principle of restrictive interpretation, excludes the possibility of committing the crime of money laundering by using cryptocurrencies, opening the door to a legal gap.