Digital assets have been subject to some of the largest thefts in history. In fact, the largest crypto theft — in connection with the February 2025 $1.5 billion Bybit hack — dwarfs the Guinness Book of World Records’ entry for the largest bank robbery of $282 million. See “Crypto’s biggest hacks and heists after $1.5 billion theft from Bybit,” Reuters, Feb. 24, 2025. Sometimes, however, all is not lost and at least some portion may be recovered and available for restitution or return to victims.

While any recovery may be cause for celebration, unforeseen or unintended tax consequences can put a damper on the festivities. The tax due on the recovery of stolen crypto can depend upon several factors, including any deductions taken in connection with the initial theft, the type of property returned and intervening changes to its value, and other taxpayer circumstances.

Continue reading: The Return of Stolen Crypto Can Be a Taxing Event

Photo of Joseph Cioffi Joseph Cioffi

Joseph Cioffi, Chief Operating Partner and Chair of the Bankruptcy, Creditors’ Rights + Finance Practice Group, gives his diverse client base a competitive edge through his deep and nuanced understanding of financial market dynamics. He advises businesses including domestic and international financial institutions…

Joseph Cioffi, Chief Operating Partner and Chair of the Bankruptcy, Creditors’ Rights + Finance Practice Group, gives his diverse client base a competitive edge through his deep and nuanced understanding of financial market dynamics. He advises businesses including domestic and international financial institutions, marketing communications firms, and creditors from various sectors. Read More…

Photo of Benjamin Snow Benjamin Snow

Benjamin Snow simplifies the tax aspects of transactions and supports clear, confident decisions by focusing on the bottom line. He assists a broad variety of clients in mergers, acquisitions, joint ventures and financings. Read More…

Photo of Adam M. Levy Adam M. Levy

Adam Levy supports solutions that help global financial institutions, creative agencies, technology startups and consumer goods manufacturers resolve their most significant commercial disputes. He has particular experience in fraudulent and preferential transfer actions and financial products litigation, including putback and indemnification lawsuits related…

Adam Levy supports solutions that help global financial institutions, creative agencies, technology startups and consumer goods manufacturers resolve their most significant commercial disputes. He has particular experience in fraudulent and preferential transfer actions and financial products litigation, including putback and indemnification lawsuits related to asset-backed securities, including RMBS. Read More…