Non-Fungible Tokens (NFTs): Art or Asset? Criminogenic Accelerants of Financial Crime and Money Laundering in Digital Markets

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Authors: Mikayla Ozga, Christian Leuprecht
Cited by: 1
References: 29

Abstract

By blurring the boundary between art and financial assets, non-fungible tokens (NFTs) have created regulatory ambiguity and criminogenic vulnerabilities in digital markets. The article applies the Howey Test to an original dataset of NFT-related cases that involve financial crime. As it turns out, functionally NFTs often resemble securities: they are characterized by information asymmetries, speculative dynamics, and weak oversight. These structural gaps make NFTs attractive to facilitate fraud, money laundering, wash trading, and nefarious exploitation on decentralized platforms and incidentally by way of traditional auction houses. NFTs highlight systemic limitations of analog regulatory frameworks to contain criminogenic risk posed by virtual assets. To enhance transparency, accountability, and consumer protection in evolving digital economies, the article concludes on a paradigm shift toward an adaptive, outcomes-based regulatory approach.

Fields of Study & Subjects

Crime Illicit Activities and Governance Art History and Market Analysis Archaeological Research and Protection

Publication details

Journal / source
Crime & Delinquency
Publisher
SAGE Publications
Volume
72
Issue
11
Pages
3291–3317
Publication date
13 May 2026
Language
EN