Category: Regulations

Gary Gensler, SEC Chair, aims to place cryptocurrencies under SEC’s regulatory oversight, citing widespread noncompliance within the crypto industry. However, recent US court decisions challenge a blanket crypto regulation, including exceptions for specific cryptocurrencies like XRP. These evolving regulatory scenarios have spurred concern about stifling innovation and driving away crypto businesses.

Blockchain’s potential to disrupt various industries is unlocking intriguing opportunities in the legal field; notably the advent of blockchain-based ‘personal growth bets’ through smart contracts. These contracts work as enforcers and monitors of self-improvement tasks but trigger debates on enforceability and legality.

Senator Sherrod Brown’s stern views on crypto industry as riddled with deceit and exploitation is affecting the future of crypto regulation in the U.S. Brown directs the Senate Banking Committee, highlighting troubling aspects like inadequate disclosure, interest conflicts, and high-risk bets in the industry. Without Brown’s approval, comprehensive crypto market oversight seems unlikely.

Investment giant Franklin Templeton has made a move into the Bitcoin exchange-traded fund (ETF) sector, filing an application with the US Securities and Exchange Commission. Termed “Franklin Bitcoin ETF,” the fund would primarily contain Bitcoin, securely stored by the custodian, Coinbase Custody Trust. This clears a path into the mainstream investment arena, despite similar ETF applications from other financial powerhouses remaining stuck in SEC review.

A U.S. federal judge delayed a sentencing hearing for radio host Ian Freeman, who allegedly created an illegal Bitcoin exchange used by scammers. Meanwhile, the DeFi Education Fund contests a patent claim by tech company True Return Systems. Also, DigiFT’s dETH0924 provides up to 4% APR, boosting Ethereum’s PoS mechanism, while crypto infrastructure provider Qredo integrated Circle’s USDC stablecoin into its wallet.

“Ex-CEO of lending giant Celsius, Alex Mashinsky, is battling an FTC case against him, arguing the allegations don’t prove fraudulent intent. Key issues involve the Gramm-Leach-Bliley Act requirements and whether Mashinsky, who had resigned, could violate the law. The outcome could set a crypto-lending regulatory precedent.”

“Sarah Breeden, the incoming deputy governor of the Bank of England, voices concern over potential financial instability posed by cryptocurrencies. While acknowledging the benefits of blockchain technology, she emphasizes the need for a global regulatory approach to manage cryptos’ volatility and potential economic implications. She sees value in a central bank digital currency as an anchor, while warning against potential privacy issues.”

Binance.US has criticized a ‘compel and reply’ motion by the SEC, calling it overly arduous and unreasonable. The SEC’s demand for details from Binance’s top executives has been countered, arguing that these executives don’t have exclusive knowledge regarding the topics exploring in the consent order. The ongoing situation intensifies the friction between regulatory bodies and crypto institutions on the scope of information demanded and the legitimacy to serve such demands.

Leading digital assets and blockchain companies, including Coinbase and Ledger, formed the Crypto Freedom Alliance of Texas to pave the way for tangible cryptocurrency regulations. The Alliance seeks to educate stakeholders, inspire technological advancement, promote crypto-friendly laws, and make Texas a significant hub for cryptocurrency mining.

“Luno, a crypto-platform under the Digital Currency Group, halts crypto-trading two days before the UK’s Financial Conduct Authority’s new rules take effect. Despite trading halt, the selling and withdrawal of funds will persist. New rules focus on clear, not misleading promotion of crypto trading. The adjustment aims to give potential investors better comprehension of the associated risks.”

Binance.US, the US companion exchange to Binance, strongly opposes the US Securities and Exchange Commission’s (SEC) ‘unreasonable’ demands for additional operational details. This disagreement, originating from allegations of customer funds diversion, reflects the growing tension between crypto businesses and regulators.

“CNA Insurance excludes non-fungible tokens (NFTs) from a $20-million trust policy, underlining the industry’s need for robust regulatory mechanisms in handling digital assets like NFTs. This evokes discussion on the balance between crypto-asset innovation and traditional regulation, marking a path toward stronger, safer regulatory structures for the crypto landscape.”

“Former CEO of Celsius, Alex Mashinsky, is contesting accusations by the Federal Trade Commission (FTC) of fraud and price tampering. Mashinsky’s lawyers argue the accusations lack the necessary components to substantiate a fraudulent activity claim. Amidst these legal struggles, his financial assets remain frozen.”

“CFTC Commissioner Christy Goldsmith Romero aims to modernize investor protection through technological advances. Acknowledging the need to understand FinTech, cryptocurrency, blockchain and cybersecurity, she urges the implementation of KYC and AML protocols in decentralized finance. She believes federal regulators should utilize social media for tracing funds, crypto activities and issuing necessary warnings against scams.”

CFTC Commissioner, AdobeChristy Goldsmith Romero proposes a centralized national fraud registry, a one-stop database for regulators to cross-reference misconduct, benefiting investors, law enforcement, and administrations. This registry aims to be a robust deterrent to potential fraudsters and a means to effectively recognize serial offenders.

The Berlin-based cryptocurrency firm Finoa is launching FinoaConnect, a proprietary wallet integration allowing its clients to access handpicked decentralized finance (DeFi) platforms and web3 applications. This development aims to reframe the relationship between DeFi and regulatory institutions, offering a secure, regulated solution for institutional investors keen to engage with these technologies.

“Alex Mashinsky, former top brass of crypto lender, Celsius, faces charges of fraud and manipulation of the CEL token’s price. This case brings into focus whether 20th-century laws can effectively pursue 21st-century cryptocurrency cases, suggesting a need for legal framework expansion.”

“Binance.US has labelled SEC’s call for executive depositions and additional discovery to be overly burdensome and indiscriminate. Accusations allege the CEO of Binance and Guangying ‘Helina’ Chen channeled billions in customer funds through third-party companies, with Binance refuting these claims. The standoff brings scrutiny to SEC’s regulation of the crypto industry, raising concerns about overstepped regulatory boundaries and stifling innovation.”

“In the case involving FTX Founder Sam Bankman-Fried, the DOJ argues proposed defense witnesses lack necessary expertise. The defense’s proposed expert witnesses, however, cover a range of expertise, from data analytics to law and may challenge DOJ’s testimonies, if needed. The case raises questions about law enforcement’s future interference in cryptocurrency matters.”

“SEC Chair, Gary Gensler, asserts that crypto assets are securities to be regulated by the SEC, despite recent legal disputes. He believes most crypto assets meet the Howey Test, a legal criterion determining if an asset is a security. Crypto companies and courts debate the future direction of crypto regulation.”

The Russian Central Bank potentially explores “marking” digital ruble tokens to track CBDC transactions, allowing close monitoring of funds usage. This suggests super-traceable tokens could be a reality soon, although there are cautionary notes around the required balance between regulation and autonomy in digital currency.

“The newly formed Crypto Freedom Alliance of Texas, comprising key crypto entities, aims to promote clear regulations for digital assets in Texas through education. The initiative emphasizes the challenges of legal jurisdiction for Decentralized Autonomous Organizations (DAOs) and advocates for crypto-friendly tax laws and reshaped banking regulations.”

U.S. Securities and Exchange Commission Chair, Gary Gensler, stands firm on his belief that most crypto tokens likely qualify as investment contracts under the law, making them subject to securities laws. Despite recent court decisions favoring crypto entities like Ripple, Gensler remains focussed on the noncompliance of the crypto sector with these laws, fuelling ongoing crypto-securities law conflicts.

“U.S. Rep. Tom Emmer suggests that blockchain technology could play a key role in authenticating AI-generated data, marking a significant intersection for blockchain and AI. Additionally, he signals potential policy distractions on digital assets, urging for innovative strides rather than legal controversies in cryptocurrency policies.”

Luno crypto exchange plans to temporarily prevent UK customers from investing in crypto due to new UK crypto promotion regulations. All promotions must be clear and transparent, and incentives are prohibited. Investments are paused, but customers can withdraw and sell current funds. This regulation impact extends to PayPal who also plans a pause in crypto purchases.

“The US DeFi landscape hit an inflection point as the CFTC filed lawsuits against three companies, accusing them of offering financial products without proper registration. Amidst ambiguity, questions arise about DeFi’s future in the US, regulatory hurdles, and potential to revolutionize world finance. Undoubtedly, for DeFi to truly flourish, regulatory clarity and a willingness to embrace the evolving landscape is crucial.”

“FTX’s bankruptcy estate is pursuing legal action against LayerZero Labs over a suspicious transaction. This involves a $150 million equity share swapped for cancellation of a $45 million loan. The lawsuit also aims to recover substantial withdrawals made on FTX platforms. Amidst this, the role of blockchain in regulatory oversight is being highlighted, necessitating transparency in crypto transactions.”

“The G20 summit in India recently started a comprehensive global regulation on crypto assets, revealing global recognition of cryptocurrencies’ potential. Despite some disapproval, even India’s Reserve Bank permitted banks to service crypto companies, marking a significant shift towards global acceptance of cryptocurrency.”

“Richard Teng, head of regional markets at Binance, clarified that unlike the collapsed FTX, Binance’s assets are backed one-to-one, offering a safety net for users. He also revealed commitment to international norms, including MiCA regulation, and tackling regulatory hurdles to maintain complete compliance.”

Thailand’s Cyber Crime Investigation Bureau arrested five individuals associated with a fraudulent crypto investment platform that swindled over $27 million. The incident highlights risks associated with the industry and suggests the need for evolving regulations amidst persistent worldwide scams. Despite new regulatory measures, usability and investor protection still pose significant challenges.

Former FTX CEO Sam Bankman-Fried’s lawyers argue the insufficient internet access at his holding location is disrupting case preparation, citing instances of lost work time and restricted access to key information. Despite their appeals, judicial officials reject his early release due to past bail violations.

“Binance regional markets head Richard Teng insists that despite facing regulatory scrutiny, the exchange remains financially secure and welcomes said scrutiny. Teng expresses support for harmonized standards for the cryptocurrency industry, like the European Union’s Markets in Crypto-Assets (MiCA) regulation. This standardization, however, could challenge the decentralization ethos of blockchain technology.”