When do you engage a crypto expert? A decision tree

When to engage a crypto expert: does it make sense?

Work through these five questions in order:

1. Are there proceedings, or are they likely, and do crypto transactions play a part in the evidence? Yes: go to question 2. No: go to question 4.
2. Is there already a report that you or your solicitor have doubts about? Yes: consider a counter-expertise. No: go to question 3.
3. Is so much at stake that a mistake would weigh heavily? Yes: an independent investigation is then usually the safest choice.
4. Are the facts disputed, or does the route run across several wallets, networks or exchanges? Yes: then recording it yourself is difficult. No: your own statements may be enough.
5. Still unsure? Put your situation to us in a free intake.

If you answer “yes” to any of these questions, it is wise to let Paucitas take a look. It costs you nothing to put your situation to us.

Are proceedings already under way, and what does that mean for your choice?

Then the choice becomes a little more important. Facts that end up in a file are harder to put right later. An independent expert records what can be seen on the blockchain, so the court and all parties work from the same data. In civil cases in England and Wales, Part 35 of the Civil Procedure Rules says an expert’s duty is to help the court, and the court can also direct a single joint expert.

If there are no proceedings yet, you have more time. How and when a report is put before the court is something to discuss with your solicitor. Whether such a report can serve as evidence is covered in can a crypto report be used as evidence in court.

Not sure whether you need an expert? Let Paucitas take a look with you. You can ring any time, 24/7, on +31 20 244 5774.

Who provides a counter-expertise on an existing crypto report?

Paucitas. If you have doubts about a report from the other side or another firm, we review the method, the assumptions and the conclusions. Can every transaction hash be checked? Does the conclusion match what can really be seen? Where a report relies on automatic grouping of addresses, we check the chain ourselves, step by step.

How to request a review is explained in requesting a second opinion on a crypto report. How that went in one case is described in the counter-expertise case study.

When is a crypto expert not needed?

• The facts are settled, not disputed and can be checked without an investigation.
• The question is purely legal. Then your solicitor is the right person.
• Only transactions off the blockchain matter, such as cash payments, and there are no documents.

If an investigation would add nothing in your situation, Paucitas will tell you so honestly in the intake.

What should you look for when choosing a blockchain expert?

• Independence: the expert has no stake in the outcome.
• Verifiability: every step can be linked to a transaction that someone else can follow.
• Honest limits: the report says where the route ends and what is not established.
• No promises: a reliable expert does not promise anything about the outcome of the case.

Paucitas does all the tracing itself, without tracing tools. We look into everything: the transactions, the route of the money, the parties, the documents and the timeline. Paucitas also reads through conversations, emails and other communication, so the full picture emerges of what happened and where the money went, step by step. You receive a report anyone can follow and understand step by step, including the court. More about that role in the independent expert in legal proceedings.

• Cost: every investigation is tailored. You receive a tailored quote in advance that we go through together, with no surprises.
• Turnaround: from the same day to around two weeks.

More questions are answered in frequently asked questions on legal crypto matters.

Want to know whether an expert adds anything in your case? Get in touch for a free intake, or ring +31 20 244 5774. Via the form you will hear from us within 1 to 3 hours.

Source: Ministry of Justice, Civil Procedure Rules Part 35.