Digital Wallet Attribution in Proving Cryptocurrency-Related Money Laundering: A Comparative Analytical Study in Light of Comparative Legislation and FATF Standards

Abstract

This study examines the issue of attributing a digital wallet to a specific natural person in proving money-laundering offenses involving cryptocurrencies, while distinguishing between the technical establishment of a transaction on the blockchain ledger and the legal attribution of that transaction to a particular individual. The study aims to assess the adequacy of the Qatari legal framework in light of Egyptian and Emirati legislation and French jurisprudence, drawing on an applied model from U.S. jurisprudence and the European regulatory framework, and to clarify the limits of the role of the Financial Action Task Force (FATF) standards in the field of criminal evidence. The study adopts an analytical, comparative, and foundational methodology based on relevant legal, judicial, regulatory, and technical sources. It concludes that the general admissibility of digital evidence does not resolve the issue of attributing a digital wallet to a specific person, and that compliance with FATF standards, regardless of the level of regulatory detail, does not in itself establish national rules governing the evidentiary weight or attribution of such evidence. The study proposes a procedural framework that distinguishes between the burden of production and the burden of persuasion, whereby the Public Prosecution must first present a sufficient minimum threshold of evidence linking the accused to the wallet, while the ultimate burden of persuasion as to the attribution remains with the prosecution throughout the proceedings, thereby balancing the effectiveness of criminal prosecution with the guarantees of the defense.