Tag: Crypto

The SEC’s Crypto Bait And Switch And Investors’ Loss Of $15 Billion

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By Roslyn Layton. June 15, 2022. (Forbes)

Four years ago this week, Security Exchange Commission’s (SEC) Director of Corporation Finance William Hinman detailed a vision for regulating digital assets. The speech was a bait and switch. It promised the opening of a blockchain revolution, the next chapter in the American innovation success story. In practice, the SEC wants to hammer crypto out of existence. On that fateful day, Hinman said that decentralization of a blockchain ledger, where tokens are being “used to purchase a good or service through the network on which it is created”, could transform a digital asset into a commodity outside the SEC’s purview. He opined that once they became “sufficiently decentralized”, a token and its network could operate without fear of an SEC enforcement action for failing to register like a stock. How wrong he was.

Crypto industry scores a big win under long anticipated Senate bill

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A highly anticipated Senate proposal to bring the freewheeling cryptocurrency industry under federal oversight would deliver a win for the sector by empowering its preferred regulator, the Commodity Futures Trading Commission (CFTC), over the Securities and Exchange Commission.

The bill’s sponsors, Sens. Cynthia M. Lummis (R-Wyo.) and Kirsten Gillibrand (D-N.Y.), are touting it as the first serious effort to apply comprehensive regulation to the crypto industry, which has minted a new class of billionaires and promised to reinvent financial services while also spawning scams and investor wipeouts that have raised regulators’ alarms.

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The Crypto Security Debate Goes to Court

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By Paul Kiernan. May 26, 2022. (Wall Street Journal)

WASHINGTON—Investors are asking the courts to decide an existential question for the cryptocurrency industry: whether digital tokens are, for legal purposes, more similar to stocks or to gold.

Attorneys for cryptocurrency-trading platform Coinbase Global Inc. COIN 9.47% filed a motion this month to dismiss a class-action lawsuit arguing that 79 of the tokens listed on the firm’s platform are unregistered securities. 

The group of Coinbase users is demanding reimbursement for trading fees and market losses and seeking to prevent the assets from continuing to trade on the platform. 

Outside of enforcement actions, the Securities and Exchange Commission hasn’t indicated which cryptocurrencies it considers to be securities. But federal statutes passed in the 1930s deputize ordinary investors to help the SEC do its job, by giving buyers of unregistered securities the right to sue the seller for their money back. 

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SEC Asked To Probe Ex-Official’s Crypto Statements

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By Al Barbarino. May 10, 2022. (Law360)

A nonprofit watchdog asked the U.S. Securities and Exchange Commission to investigate its former corporate finance head, Bill Hinman, now a Simpson Thacher & Bartlett LLP senior adviser, claiming statements he made about cryptocurrencies while at the agency may have presented a conflict of interest. 

Empower Oversight Whistleblowers & Research claims Hinman didn’t follow instructions that the SEC’s ethics office gave him to avoid conflicts tied to his financial interests in Simpson Thacher, including the firm’s connection to the Enterprise Ethereum Alliance, or EEA, according to a letter the group sent Monday to the SEC’s Office of the Inspector General.

“Directives without compliance monitoring and sanctions for noncompliance are not meaningful; they are window dressings,” said Jason Foster, president of Empower Oversight, in an announcement about the letter.

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Empower Oversight Requests SEC-OIG Conduct Investigation into the Failure of the SEC’s Ethics Office to Prevent Cryptocurrency Conflicts of Interest by Senior Staff

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By Empowr Oversight. May 10, 2022. (Empowr)

WASHINGTON — Empower Oversight sent a letter to the Office of the Inspector General of the Securities and Exchange Commission (SEC-OIG) requesting a comprehensive review of the SEC’s ethics officials to properly manage SEC official William Hinman’s potential conflict of interest regarding cryptocurrency issues. The letter describes in detail instructions that the SEC’s Ethics Office provided to Mr. Hinman and actions by Mr. Hinman that are inconsistent with the instructions.

Specifically, records that were disclosed to Empower Oversight in response to an August 12, 2021, FOIA request show that the SEC’s Ethics Office cautioned Mr. Hinman that he had a direct financial interest in his former law firm, Simpson Thacher, and thus, he needed to recuse himself from any matters that would affect the firm; and, lest he may have misunderstood its position, the Ethics Office explicitly told him not to have any contact with Simpson Thacher personnel. Further, the Ethics Office provided Mr. Hinman with a draft memorandum, which was to be issued under his name, that established a screening arrangement to ensure that he complied with his obligation to recuse himself from certain matters with which he had a financial interest, or a personal or business relationship.

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The Ripple-SEC legal brawl could be a game-changer for crypto

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By Benjamin Pinmentel. May 1, 2022. (Protocol)

It’s been more than a year since the SEC stunned the technology world by suing Ripple, kicking off what has become the most closely watched legal battle in crypto.

The case, in which the SEC accused the crypto powerhouse of violating securities laws, has morphed into a protracted brawl, with the future of crypto regulation potentially at stake.

The battle will likely drag on into next year after Ripple and the SEC agreed on a schedule for the next phase of the case: Filings and hearings on motions for summary judgment will extend to December. At that point, a federal judge will either decide the case or have it go to trial.

“It now looks like a resolution will come in 2023,” Ripple general counsel Stuart Alderoty said in a tweet.

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Cryptocurrency Firms Push Back Against Proposal to Police Treasury Markets

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By Paul Kiernan. April 27, 2022. (Wall Street Journal)

WASHINGTON—A Securities and Exchange Commission proposal intended to make Treasury markets more resilient has sparked a backlash from cryptocurrency companies, which say it could increase legal risks for so-called decentralized finance, or DeFi, platforms.

The rule, proposed by the SEC in January, would expand the agency’s definition of an exchange to include a broader array of communication systems that enable prospective buyers and sellers of securities to find each other. Such entities would have to register with the SEC either as exchanges akin to the New York Stock Exchange, or as a category of broker-dealers called alternative trading systems, or ATSs, which perform exchange-like functions but face lighter regulations.

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Concerns rise over crypto regulation as Congress members disclose holdings

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By Akayla Gardner and Bloomberg. April 26, 2022. (Fortune)

As efforts to regulate the rapidly-growing cryptocurrency market increase, some observers are raising concern about the rising number of U.S. lawmakers beginning to dabble in digital assets.

Current members of Congress bought and sold an estimated $1.8 million worth of crypto-related investments since the beginning of 2021, according to an analysis conducted by data provider 2iQ Research. The amount is based on the midpoint of dollar ranges reported by lawmakers in public disclosures.

The findings come amid a broader backlash against members of Congress being able to trade securities while in office. In the case of crypto, the debate is taking place as the Securities and Exchange Commission and the Commodity Futures Trading Commission are still staking out their roles in regulating the asset class. The tug-of-war puts committees like Senate Banking and Agriculture, which oversee the SEC and CFTC, in a position to address crypto-regulation policy.

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Crypto firm Ripple’s court battle with the SEC has gone ‘exceedingly well,’ CEO says

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By Ryan Browne. April 14, 2022. (CNBC)

Ripple CEO Brad Garlinghouse is confident the company will come out well as its lengthy court battle with the U.S. Securities and Exchange Commission nears a conclusion.

The San Francisco-based start-up is fighting the SEC over allegations that Ripple, Garlinghouse and executive chairman Chris Larsen engaged in an illegal securities offering through sales of XRP, a cryptocurrency the company both uses commercially and is closely associated with.

Ripple has disputed the SEC’s findings, arguing XRP should be treated as a virtual currency rather than an investment contract like a stock.

“The lawsuit has gone exceedingly well, and much better than I could have hoped when it began about 15 months ago,” Garlinghouse said at a CNBC-hosted fireside chat at the Paris Blockchain Week Summit Thursday. “But the wheels of justice move slowly.”

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Politicians Are Waking Up To The Fact There Are Votes In Crypto

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By Eva Szalay. April 14, 2022. (Financial Times)

Jane Hume, Australia’s minister for financial services, argued in a speech last month that the rapidly growing crypto industry had the potential to create hundreds of thousands of new jobs and boost Australia’s economic growth by more than 50 per cent. But if the country voted for the opposition Labor party at the May 21 national election, she said, none of this would happen. Australia would lose out because the opposition would ban digital assets “out of timidity [and] an obsession with removing all risks and protecting consumers from themselves”. The contrast, she said, could not be more stark with the current government, which wanted Australians to take part in the digital gold rush.

“There is a political reality here. I would love support of the crypto industry to be a bipartisan issue, but it simply isn’t,” she told her audience.

This is the sound of politicians waking up to the voter potential of crypto enthusiasts. Bitcoin and its peers have surged in popularity since the start of the pandemic and millions of people around the world now own digital assets, which are worth more than $2tn in total.

Read the full article here.

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