Press release: FinCEN Announces $100 Million Enforcement Action Against BitMEX

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Fincen

2021-08-10

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

FinCEN Announces $100 Million Enforcement Action Against Unregistered Futures Commission Merchant BitMEX for Willful Violations of the Bank Secrecy Act | FinCEN.gov

  Skip to main content

An official website of the United States government

Here’s how you know

          Here’s how you know

              The .gov means it’s official.

              Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

              The site is secure.

              The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

              Financial Crimes Enforcement Network

      Menu

            About FinCEN

            About FinCEN

            Mission

            What We Do

            Insignia

            EEO

            Contract Opportunities

            FinCEN Year In Review

            Resources

            Resources

            Alerts/Advisories/Notices/ Bulletins/Fact Sheets

            Bank Secrecy Act Filing Information

            Beneficial Ownership Information Reporting

            Financial Trend Analyses

            Financial Institutions

            FinCEN Exchange

            Innovation

            International

            Law Enforcement

            Ransomware

            Residential Real Estate Reporting

            Suspicious Activity Report (SAR)

            Scams

            Statutes and Regulations

            Whistleblower Program

            Advisories

            News

            News

            Press Releases

            Readouts

            Remarks and Statements

            Enforcement Actions

            Press Contacts

            SAR Technical Bulletins

          Search

           Enter Search Term(s):

Breadcrumb

                              Home

                              News

                              FinCEN Announces $100 Million...

FinCEN Announces $100 Million Enforcement Action Against Unregistered Futures Commission Merchant BitMEX for Willful Violations of the Bank Secrecy Act

Contact: 

Office of Strategic Communications, 703-905-3770

Immediate Release

August 10, 2021

WASHINGTON—The Financial Crimes Enforcement Network (FinCEN) has assessed a civil money penalty in the amount of $100 million against BitMEX, one of the oldest and largest convertible virtual currency derivatives exchanges, for violations of the Bank Secrecy Act (BSA) and FinCEN’s implementing regulations. 

BitMEX, which operated as an unregistered futures commission merchant (FCM) and provided money transmission services, willfully failed to comply with its obligations under the BSA.  FinCEN’s action is part of a global settlement with the U.S. Commodity Futures Trading Commission (CFTC).

 

“BitMEX’s rapid growth into one of the largest futures commission merchants offering convertible virtual currency derivatives without a commensurate anti-money laundering program put the U.S. financial system at meaningful risk,” FinCEN’s Deputy Director AnnaLou Tirol said.  “It is critical that platforms build in financial integrity from the start, so that financial innovation and opportunity are protected from vulnerabilities and exploitation.”

 

For over 6 years, BitMEX failed to implement and maintain a compliant anti-money laundering program and a customer identification program, and it failed to report certain suspicious activity.  These willful failures expose financial institutions to an increased risk of conducting transactions with money launderers and terrorist financiers, including noncompliant exchanges in high-risk jurisdictions, ransomware attackers, and darknet marketplaces.  BitMEX conducted at least $209 million worth of transactions with known darknet markets or unregistered money services businesses providing mixing services.  BitMEX also conducted transactions involving high-risk jurisdictions and alleged fraud schemes.  BitMEX failed to file a Suspicious Activity Report (SAR) on at least 588 specific suspicious transactions.

 

From approximately 2014 through 2020, BitMEX allowed customers to access its platform and conduct derivative trading without appropriate customer due diligence – collecting only an email address and failing to verify customer identity.  Despite BitMEX’s public representation that its platform was not conducting business with U.S. persons, FinCEN found that BitMEX failed to implement appropriate policies, procedures, and internal controls to screen for customers that use a virtual private network to access the trading platform and circumvent internet protocol monitoring.  In some instances, BitMEX senior leadership altered U.S. customer information to hide the customer’s true location.

In addition to paying a civil money penalty, BitMEX has agreed to engage an independent consultant to conduct a historical analysis of its transaction data, sometimes referred to as a “SAR lookback,” to determine whether BitMEX must file additional SARs on this activity.  BitMEX will also engage an independent consultant to conduct two reviews, including relevant testing, to ensure that appropriate policies, procedures, and controls are in place that are effective and reasonably designed and implemented to ensure that BitMEX is not operating wholly or in substantial part in the United States.

 

This is FinCEN’s first enforcement action against an FCM.  FinCEN appreciates the close collaboration with its partners at the CFTC on this matter.  The CFTC and BitMEX have separately agreed to a Consent Order requiring the payment of a civil money penalty with additional equitable relief.  FinCEN’s $100 million assessment will be satisfied by immediate payments totaling $80 million to FinCEN and the CFTC, with $20 million suspended pending the successful completion of the SAR lookback and independent consultant reviews.

          News

          Press Releases

          Readouts

          Remarks and Statements

          Enforcement Actions

          Press Contacts

          SAR Technical Bulletins

Subscribe to FinCEN News Updates

Contact • Subscribe to FinCEN News Updates
Careers • Freedom of Information Act (FOIA) • Site Policies and Notices
Treasury.gov • IRS.gov • Regulations.gov • USA.gov • Vote.gov