Nils Silinevics
Partner · AML & Crypto Compliance · Former FIU Investigator
Kraken is registered with FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) in United States. That means we have a direct regulatory path to resolve your freeze. Swiss legal team with FinCEN expertise. 90%+ success rate.
Kraken is FinCEN-registered (MSB) + state MTLs; settled SEC charges (2023, $30M)
USA has fragmented regulation — FinCEN (MSB registration), SEC (Howey test: is it a security?), CFTC (commodities), state regulators (NY BitLicense is most famous)
This matters because it determines which regulatory body has authority over your case — and whether you have a direct complaint path or need cross-jurisdictional legal action.
Good news: Since Kraken is registered with FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense), we have a direct regulatory complaint path. If Kraken doesn't resolve your case within a reasonable time, we escalate to FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) — and the platform knows this.
under BSA, you can complain to FinCEN; state regulators (e.g., NY DFS for BitLicense firms); SEC whistleblower program; CFTC reparations
Under Bank Secrecy Act (BSA) + USA PATRIOT Act + FinCEN regulations (31 CFR Chapter X), Kraken must conduct customer due diligence and can freeze accounts during AML investigations. However, they must also:
If Kraken doesn't meet these obligations, we escalate to FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) and file a formal legal submission. For a broader comparison of how United States's rules stack up against other jurisdictions, see our AML laws by country reference.
capital gains tax (0/15/20% federal + 3.8% NIIT) + state income tax; income tax if mining/staking
If your Kraken account is frozen, you may still need to declare your crypto holdings on your United States tax return — even if you can't access them. Under United States law, the tax obligation may apply regardless of whether the funds are accessible. We recommend consulting a American tax advisor.
If the freeze causes you to miss a tax deadline, we can provide documentation for the FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) and tax authority explaining the situation.
A American client had €85000 frozen on Kraken after requesting a large withdrawal. Kraken flagged the transaction under Bank Secrecy Act (BSA) + USA PATRIOT Act + FinCEN regulations (31 CFR Chapter X). The client had no access to funds for 14 days. We filed a formal submission with Kraken's compliance team citing FinCEN (federal MSB) + SEC (securities) + CFTC (derivatives) + state regulators (NY DFS BitLicense) guidelines and the client's transaction history. Within 14 days, Kraken released the funds after our submission demonstrated compliance with Bank Secrecy Act (BSA) + USA PATRIOT Act + FinCEN regulations (31 CFR Chapter X).
Details anonymized to protect client confidentiality. Swiss professional secrecy applies.
We analyze your Kraken account, transaction history, and United States regulatory context to identify the exact trigger. Was it a Chainalysis risk flag? A sanctions screening match? A source-of-funds demand? Each requires a different strategy.
We prepare documentation compliant with Bank Secrecy Act — not just Kraken's standard templates. This includes source-of-funds proof, transaction tracing, and any required FinCEN-specific forms.
We submit through Kraken's compliance channels — not standard support. Our submission is in English and references FinCEN guidelines. We also file a parallel complaint with FinCEN if needed.
We verify everything works and advise on preventing recurrence on Kraken. If Kraken doesn't respond within no statutory maximum; FinCEN expects SAR (Suspicious Activity Report) resolution within 30-90 days, we escalate to FinCEN and pursue cross-jurisdictional action in USA (Wyoming incorporation; HQ San Francisco) if needed.
Tell us what happened. A senior crypto compliance lawyer — not a chatbot, not a junior — will read your case and respond within 6 hours. Swiss professional secrecy applies from your first message.