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Senators Elizabeth Warren and Sherrod Brown Trying To Kill Entire Crypto Industry: Chamber of Digital Commerce

Senators Elizabeth Warren and Sherrod Brown Trying To Kill Entire Crypto Industry: Chamber of Digital Commerce

US Senators Elizabeth Warren and Sherrod Brown are “trying to kill” the entire crypto industry, according to the Chamber of Digital Commerce. The US-based crypto advocacy group argues that the lawmakers are spearheading an unprecedented attack on digital assets, citing Warren’s (D-Massachusetts) Digital Asset Anti-Money Laundering Act. The bill, which Warren first introduced in 2022 and […]

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Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

Billion-Dollar Bank Pays $65,000,000 Fine, Faces Cease-and-Desist Order After Violating Bank Secrecy Act, Deploying Poor Risk Management

Billion-Dollar Bank Pays ,000,000 Fine, Faces Cease-and-Desist Order After Violating Bank Secrecy Act, Deploying Poor Risk Management

A Los Angeles-based lender known as the ‘bank to the stars’ will pay a $65 million fine for a number of violations, including failure to follow the Bank Secrecy Act. The Office of the Comptroller of the Currency (OCC) says City National Bank engaged in “unsafe or unsound practices” ultimately resulting in lapses in several […]

The post Billion-Dollar Bank Pays $65,000,000 Fine, Faces Cease-and-Desist Order After Violating Bank Secrecy Act, Deploying Poor Risk Management appeared first on The Daily Hodl.

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

US Banking Industry’s Lobby Group Helped Write Elizabeth Warren’s Anti-Crypto Bill, According to Senator

US Banking Industry’s Lobby Group Helped Write Elizabeth Warren’s Anti-Crypto Bill, According to Senator

A prominent banking trade association is helping author Senator Elizabeth Warren’s Digital Asset Anti-Money Laundering Act. In a new announcement, Republican Senator Roger Marshall of Kansas, who co-sponsors the bill with Warren, says the American Bankers Association (ABA) had a hand in shaping the potential crypto legislation, which aims to force the crypto industry to […]

The post US Banking Industry’s Lobby Group Helped Write Elizabeth Warren’s Anti-Crypto Bill, According to Senator appeared first on The Daily Hodl.

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

Binance charges prove ‘following the rules’ was the right decision: Coinbase CEO

Brian Armstrong reflected on the announcement of criminal charges against Binance, stating that Coinbase’s decision to get licenses was correct.

Brian Armstrong, CEO of crypto exchange Coinbase, thinks that his company made the right decision to comply with U.S. money transmitter licensing laws.

In a Nov. 21 social media post, Armstrong weighed in on the news that rival exchange Binance is pleading guilty to criminal charges, stating that he is glad his own exchange decided to obtain money transmitter licenses, even though it put the company at a competitive disadvantage.

“I knew we needed to embrace compliance to become a generational company that stood the test of time,” Armstrong stated, adding that his team “got the licenses, hired the compliance and legal teams, and made it clear our brand was […] Following the rules.”

Armstrong acknowledged that his team's compliance strategy slowed the growth of the company, stating that “we couldn't always move as quickly as others,” as it’s “more difficult and expensive to take a compliant approach.” However, Armstrong claimed his team’s approach was correct because “we believe in the rule of law.”

Related: SEC raises concerns over Coinbase in objection to Celsius restructuring plan

Armstrong also took aim at what he sees as a lack of regulatory clarity in the U.S., which he claims is pushing users to offshore exchanges like Binance. “Americans should not have to go to offshore unregulated exchanges to benefit from this technology,” he stated. However, he also struck a positive tone, claiming that the resolution of the U.S. criminal case against Binance may finally be the “catalyst” for more regulatory clarity.

Armstrong has claimed that U.S. regulations lack clarity and have driven “95%” of crypto transactions offshore. The Securities and Exchange Commission has filed suit against Coinbase for allegedly violating U.S. securities laws. However, these claims aren't related to violations of the Bank Secrecy Act or money transmitter licensing issues.

On Nov. 21, the Department of Justice announced that Binance has agreed to plead guilty to violations of the U.S. Bank Secrecy Act and to serving U.S. customers without obtaining the proper money transmitter licenses.

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

CTFC cracks down on DeFi protocols Opyn, ZeroEx and Deridex

The commodities regulator handed out fines of $250,000, $200,000, and $100,000 respectively to the three firms in addition to cease and desist orders.

The United States Commodity Futures Trading Commission (CFTC) is taking regulatory action against three decentralized finance protocols for allegedly failing to register various derivatives trading offerings.

The U.S. commodities regulator announced that it issued orders against protocol Opyn, ZeroEx and Deridex in a Sept. 8 statement.

Deridex and Opyn were charged for failing to register as a swap execution facility or designated contract market and failing to register as a futures commission merchant. The two protocols also failed to comply with customer provisions set out in the Bank Secrecy Act, the CFTC said.

Related: CFTC commissioner calls for crypto regulatory pilot program

All three firms were also charged with illegally offering leveraged and margined retail commodity transactions in digital assets.

The CFTC's orders oblige Opyn, ZeroEx, and Deridex to pay penalties of $250,000, $200,000, and $100,000, respectively, and to cease and desist from violating the Commodity Exchange Act and the CFTC's regulations.

Magazine: Crypto regulation: Does SEC Chair Gary Gensler have the final say?

This is a developing story, and further information will be added as it becomes available.

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

Tornado Cash indictment fails to show ‘clear violation’ of certain laws: Coin Center

Coin Center research director Peter Van Valkenburgh argued that crypto mixer Tornado Cash is an anonymizing software provider, not a money transmitter.

Crypto advocacy group Coin Center has criticized the latest indictment of two former Tornado Cash developers, arguing that the facts offered don't show any clear violations of money-transmitting-related offenses.

Roman Storm and Romen Semenov were indicted by the United States Office of Foreign Asset Control (OFAC) on Aug. 23 for conspiring to operate an unlicensed money-transmitting business, among other charges.

In a follow-up opinion piece, Coin Center research director Peter Van Valkenburgh argues that the claims in the indictment appear to run counter to guidance from the U.S. Financial Crimes Enforcement Network — arguing that Tornado Cash only provides the software to transmit money, rather than transmitting the money itself.

"The only thing the indictment claims regarding the defendants’ unlicensed money transmission is that they 'engaged in the business of transferring funds on behalf of the public' and did so without registering with FinCEN," wrote Valkenburgh.

But does the indictment state any facts that actually show that the defendants engaged in any activities that qualify as money transmission under the relevant law?

He pointed to an interpretation by FinCEN as to what constitutes “money transmission services” under the U.S. Bank Secrecy Act, which states:

“An anonymizing software provider is not a money transmitter.”

An excerpt from FinCEN’s Virtual Currency Guidance from 2019. Source: FinCEN.

Valkenburgh then referred to another excerpt stating that only people using the software can be considered money transmitters:

“[A] person that utilizes the software to anonymize the person’s own transactions will be either a user or a money transmitter, depending on the purpose of each transaction.”

While Valkenburgh said that Tornado Cash made it easier for individuals to use the protocol’s smart contracts to transmit money, he argued it doesn’t mean that the developers were money transmitters themselves.

“[But] that doesn’t somehow mean that they became transmitters merely because they provided tools that others used to transmit their own money,” Valkenburgh explained.

Valkenburgh also criticized claims in the indictment suggesting that Storm and Semenov had complete control over the protocol’s smart contracts.

“Ethereum smart contracts are variable and sometimes people have no control over their operation, some control, or total control. This is the key fact needed to determine whether one is performing money transmission, he argued.

Related: Crypto lobbyists still fighting to axe ‘unlawful’ Tornado Cash sanctions

Coin Center first voiced its opposition toward the U.S. Treasury in October when it sued the agency for its unprecedented and unlawful sanctioning of Tornado Cash.

The OFAC indictment claims Storm and Semenov ran an unlicensed money transmission service by engaging in the business of transferring funds on behalf of the public. The enforcement agency claimed the developers should have registered with FinCEN.

Semenov was added to OFAC’s list of Specially Designated Nationals and Blocked Persons on Aug. 23, while Storm was arrested by the Federal Bureau of Investigation in Washington state on the same day.

Alexey Pertsev, another one of Tornado Cash’s founders, was imprisoned by Dutch authorities in Aug. 2022 before being released in late April.

Valkenburgh believes the outcome of the Tornado Cash saga will have a profound impact on the legal rights of United States citizens to build and publish software in the future.

Magazine: Magazine: Tornado Cash 2.0 — The race to build safe and legal coin mixers

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

CATO Institute: CBDC the ‘Single Largest Assault to Financial Privacy Since Creation of Bank Secrecy Act’

CATO Institute: CBDC the ‘Single Largest Assault to Financial Privacy Since Creation of Bank Secrecy Act’A central bank digital currency (CBDC) may turn out to be the “single largest assault to financial privacy since the creation of the Bank Secrecy Act,” a policy analysis document released by CATO Institute has said. To stop the U.S. Federal Reserve and Treasury from threatening the financial system with the CBDC, the document said […]

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

Report: Confirmation of Silvergate’s $8 Billion Deposit Plunge Sees Stock Price Drop by More Than 40%

Report: Confirmation of Silvergate’s  Billion Deposit Plunge Sees Stock Price Drop by More Than 40%The price of the crypto-focused bank Silvergate Capital’s shares fell by over 40% after it reported a more than $8 billion drop in customer deposits. The share price plunge came just days after U.S. prosecutors reportedly seized collapsed crypto exchange FTX’s accounts held at the bank. Alan Lane, the CEO of Silvergate, denied allegations that […]

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

Silvergate CEO calls out ‘short sellers’ spreading misinformation

In the statement, Lane also took the opportunity to "set the record straight” about its investment relationship with FTX and the firm's “robust risk management approach.”

Silvergate Capital CEO Alan Lane has slammed “short sellers” and “other opportunists” for spreading misinformation over the last few weeks — just to score themselves a quick buck. 

In a Dec. 5 public letter, Lane said there was “plenty of speculation – and misinformation” being spread by these parties to “capitalize on market uncertainty” caused in part to FTX’s catastrophic collapse in November.

His crypto-focused bank was recently forced to deny one of these so-called FUD (fear, uncertainty and doubt) campaigns last week when there was speculation that the firm was exposed to the bankrupt crypto lender BlockFi.

Lane also used the latest letter to the public as an “opportunity to set the record straight” about its investment relationship with FTX, as well as the company’s “robust risk management approach.”

Lane reiterated that the firm complies with the Bank Secrecy Act and the USA PATRIOT Act, which requires it to monitor and scrutinize “each and every account,” including FTX and Alameda research.

“Silvergate conducted significant due diligence on FTX and its related entities including Alameda Research, both during the onboarding process and through ongoing monitoring,” the CEO explained.

The CEO has also touted the firm’s “resilient balance sheet and ample liquidity” adding that customers’ deposits are “safely held.”

“In addition to the cash we carry on our balance sheet, our entire investment securities portfolio can be pledged for borrowings at the Federal Home Loan Bank, other financial institutions, and the Federal Reserve Discount Window – and can ultimately be sold should we need to generate liquidity to satisfy customer withdrawal request,” explained Lane.

Related: Block.one and its CEO become largest Silvergate Capital shareholders

Silvergate has also been the focus of other speculation in recent weeks, including CFA-issued accountant and former portfolio manager Genevieve Roch-Decter, who expressed doubt in a Dec. 1 post whether Silvergate could maintain its liquidity position and pondered whether it could suffer from its close relationship with FTX.

Roch-Decter was also concerned with Silvergate’s Bitcoin-collateralized loan position, which could impact the firm’s balance sheet if Bitcoin’s (BTC) price continues to fall.

She also expressed worry that should the firm’s Silvergate Exchange Network — a network used by highly used crypto exchanges to send U.S. dollars and Euros between accounts — was compromised, it could “drag down the entire system.”

Lane confirmed in the statement that Silvergate “customers continue to have access to their U.S. dollar deposits when they need them and that Silvergate Exchange Network (SEN) has continued to operate uninterrupted throughout this period.”

“We intentionally carry cash and securities in excess of our digital asset-related deposit liabilities,” the CEO added.

Lane’s public letter did little to stem the bleeding of Silvergate’s (SI) share price, which fell 8.49% to $24.24 on the New York Stock Exchange (NYSE) on Monday, according to MarketWatch.

Silvergate’s stock is now down 52.43% over the last thirty days and decreased 85.34% over the last 12 months.

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman

Report: US Department of Justice Files $60 Million Lawsuit Against Bitcoin Mixer Operator

Report: US Department of Justice Files  Million Lawsuit Against Bitcoin Mixer OperatorThe United States Department of Justice recently filed a lawsuit to recover $60 million that was imposed on Larry Harmon, the operator of a bitcoin mixing service targeted by U.S. law enforcement in 2020. According to U.S. authorities, Harmon had operated an unlicensed money-transmitting business. Violation of the Bank Secrecy Act The United States Department […]

Why Self-Custody Is Vital for Bitcoin Security- Casa CEO Nick Neuman