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Silvergate and SVB bite the dust: Law Decoded, March 6–13.

Elizabeth Warren and Sherrod Brown didn’t miss a chance to attack the crypto industry after bank failures.

Last week, another major quake shook crypto markets. Silvergate Bank — a crypto-fiat gateway network for financial institutions and a significant on-ramp for cryptocurrencies in the United States — shut down operations due to liquidity problems. 

A couple of days later, another ​​Federal Deposit Insurance Corporation-insured institution, Silicon Valley Bank (SVB), was shut down by California’s financial watchdog. The bank provided financial services to several crypto-focused venture firms, including Andreessen Horowitz and Sequoia Capital, with USD Coin (USDC) issuer Circle holding around 20% of its reserves with the bank. Following the news, USDC depegged and lost over 10% of its value in 24 hours.

Some lawmakers, well known for their hostility to crypto, quickly attacked the industry. Senator Elizabeth Warren called Silvergate’s failure “disappointing, but predictable,” calling for regulators to “step up against crypto risk.” Senator Sherrod Brown shared his concern that banks involved with crypto were putting the financial system at risk and reaffirmed his desire to “establish strong safeguards for our financial system from the risks of crypto.”

The most important commentary, however, came on Sunday when United States Treasury Secretary Janet Yellen revealed that authorities were not considering a major bailout of Silicon Valley Bank. According to Yellen, the Federal Deposit Insurance Corporation is considering “a wide range of available options,” including acquisitions from foreign banks.

Biden budget proposes 30% tax on crypto mining electricity usage

Crypto miners in the U.S. could be subject to a 30% tax on electricity costs under a budget proposal by U.S. President Joe Biden to “reduce mining activity.” According to a Department of the Treasury supplementary budget explainer paper, any firm using resources — whether owned or rented — would be subject to an excise tax equal to 30% of the electricity costs used in digital asset mining. It proposed the tax would be implemented after Dec. 31, phased in over three years at a rate of 10% a year, reaching the max 30% tax rate by the third year.

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​​Stablecoins and Ether are ‘going to be commodities,’ reaffirms CFTC chair

Stablecoins and Ether are commodities that should come under the purview of the United States Commodity Futures Trading Commission (CFTC), according to the commission’s chairman, Rostin Behnam.

In a recent hearing, senators questioned Behnam about the differing views held by the CFTC and the Securities and Exchange Commission (SEC) following the CFTC’s 2021 settlement with stablecoin issuer Tether. Behnam said, “It was clear to our enforcement team and the commission that Tether, a stablecoin, was a commodity.” Behnam’s most recent comments oppose a view held by SEC chair Gary Gensler, who claimed that everything other than Bitcoin (BTC) is a security — a claim multiple crypto lawyers rebuffed.

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China announces plans for a new national financial regulator

The Chinese government reportedly has plans for a regulatory overhaul, including introducing a new national financial regulator. The reforms would mean that ​​its current banking and insurance watchdog — the China Banking and Insurance Regulatory Commission — will be abolished. The responsibilities of this commission will be moved to a brand new administration, as will particular functions of the central bank and securities regulator.

This announcement follows a call for reforms for party and state institutions in China from President Xi Jinping. These reforms will also include a bureau for sharing and developing data resources, which will partly replace the duties of the current Office of the Central Cyberspace Affairs Commission.

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State caps or federal regulation: What’s next for political crypto donations

The industry isn’t having the best of its moments now, but the topic of campaign donations in crypto remains a relatively safe space for innovation.

On Jan. 25, the Committee on Elections introduced a bill to the Kansas House of Representatives aimed at capping political donations via crypto at $100. Regardless of the success of this legislative initiative, the state of Kanzas won’t be the first jurisdiction to target anonymous donations. From authoritarian nations like Russia or China to electoral democracies like Ireland or Canada, one can find recent attempts to ban crypto donations to politicians all around the globe. 

The opponents of crypto may have a strong point — it’s hard to imagine a healthy democracy where large sums of untraceable money are flowing between candidates. But the problem of “dark money” and tools to dispense it around the political system existed way before pseudonymous crypto assets arrived. The industry isn’t having the best of its moments now, but the topic of campaign donations in crypto remains a relatively safe space for innovation. Could it change by the next electoral cycle?

The 2014 rule and a $6,600 cap

The first time the United States Federal Election Commission (FEC), the independent authority responsible for enforcing election law, approached the topic of crypto donations was in 2014. Back then, digital assets weren’t nearly as big of an issue, and the price of one Bitcoin (BTC) lay around the $300 mark. Perhaps that is why the FEC took the new problem light-heartedly. It acknowledged the option to donate in Bitcoin (and Bitcoin only) but qualified it under the category of “in-kind contributions” along with such non-monetary campaign activities as giving a free consultation or a concert performance.

Despite the apparent inclusion, Bitcoin donations have been deemed to remain non-anonymous and capped at the same mark as direct cash donations. There is a basic limit of such donations that grows along with the inflation from one electoral cycle to another — by 2024, it will stand at $3,300 for the primary and the same amount for the general election. The status of “in-kind contribution” also prevented campaigners from spending received Bitcoin directly — they have to “liquidate” it and then deposit the money into their accounts.

But there is a caveat within the American political system. While the amount of personal donations may be limited, one can always support Political Action Committees (PACs) by donating up to $41,300 yearly. There are also Super PACs, which have no limit whatsoever. Technically, Super PACS cannot make any direct contributions, but they can spend unlimited amounts of funds in marketing support of their candidates independent of their campaigns.

Recent: Ethereum layer-2 solutions may focus less on token incentives in the future

There is at least one successful instance — BitPAC — specifically dedicated to promoting cryptocurrency and blockchain technology. It has accepted donations of Bitcoin, Ether (ETH) and Litecoin (LTC) and used those donations to support U.S. presidential candidates, congressional candidates, Super PACs and grassroots organizations.

The FEC has not issued any major statements on crypto donations since 2014, although Bitcoin’s total capitalization has sky-rocketed since then, not to mention the issuance and adoption of hundreds of other digital currencies.

An example of an itemization schedule for donating cryptocurrency. Source: FEC

There is also a major exception for nonfungible tokens (NFTs). In 2022, the FEC deemed it “permissible” to send NFTs to political campaign contributors without violating rules on corporate contributions. Earlier in 2019, the FEC approved an ERC-20 token issued by Omar Reyes to use in an incentives program for his congressional campaign. The agency decided the tokens to be souvenirs with no monetary value.

Kansas or California?

Over the last decade, the separate states have largely agreed with the FEC’s vague recommendations on crypto donations. It was only South Carolina, North Carolina and Kansas where lawmakers decided firmly against any donations in crypto. Early on, crypto donations started to spread slowly with the help of enthusiastic politicians like Rand Paul, Austin Petersen or Jared Polis.

However, in the 2020s, when every fifth American has dealt with crypto to some degree, and the industry itself became a sort of a problem for global regulators, the mood swung in another direction. In April 2022, Ireland became the first European country to officially prohibit political donations in crypto. As Darragh O’Brien, the Irish minister for Housing, Local Government and Heritage, explained to journalists back then, the law aimed to protect Ireland’s democratic system, “given the escalating threat of cyber warfare targeting free countries.”

This year, Kansas started to discuss political donations in the state legislature. The local House bill no. 2167 sets a cap of $100 for any political candidate in the state’s primary or general election. Moreover, even for donations under $100, the receiver would need to “immediately convert” the crypto into U.S. dollars, not use the crypto for expenditures, and not hold on to the funds.

There is, however, a case for optimism. After four years of a ban, candidates for state and local offices in California are once again allowed to accept donations in cryptocurrency. The ban was lifted by the state’s Fair Political Practices Commission (FPPC) last year after it considered three major strategies regarding crypto donations.

The option with a $100 cap, like in Kansas, was also on the table, but the FPPC decided to go with the original FEC prescription and treat donations in crypto as in-kind contributions. The Golden State joined 12 other states where political donations of digital assets are explicitly allowed.

Crypto donations in 2024

Why, in all those years, when the landscape of the crypto industry has been constantly changing, has the FEC not come up with any significant updates? First of all, 2014’s ruling was finalized only in 2019, so, with all reservations, it is not that ancient, as Martin Dobelle, co-founder and CEO of Engage Labs, told Cointelegraph. He said it “has been a good rule and has allowed crypto political donations to be made successfully.”

Anthony Georgiades, co-founder of Pastel Network, considers the FEC’s pace to be completely in agreement with general crypto regulation in the United States. With crypto still being a very new industry compared to traditional finance, the FEC is most likely unsure of how to monitor crypto donations, making it difficult to enforce any regulations. He further stated that the time for some updates on crypto donations has come, telling Cointelegraph:

“With all the recent turbulence in crypto, regulators now want to ensure there’s more clarity and transparency within the industry, and we’ll be seeing more regulation introduced by the time the next electoral cycle begins.”

Terrence Yang, managing director of Swan Bitcoin, isn’t so optimistic about the chances of getting the updates from the FEC by the next electoral cycle. Speaking to Cointelegraph, he points out the polarized nature of the current political configuration.

“Because of the split Congress, it may be harder than you think to get legislation passed. It’s unlikely any crypto election laws get added to a bill to pass both houses of Congress and get signed by the president,” he said.

Given the turmoil in markets brought about by the crypto winter of 2022, there is always a chance that new crypto donation regulations would not be friendly to the market. But, on the other hand, the area of campaign donations still remains totally free of any public scandals involving crypto.

Of course, there was the case of Sam Bankman-Fried and the $40 million he donated to both political parties in the U.S. and tried to return later. But, as with the lobbying efforts of the crypto industry in general, that technically has nothing to do with the topic of campaign donations in crypto. “In fact, there’s a very compelling case that political finance offers a genuine use case for blockchain technology, which can be leveraged to significantly enhance transparency and traceability,” Dobelle stated.

Recent: Next stop Shanghai — Ethereum’s latest milestone approaches

“There’s plenty of reason to be optimistic about the future regulation of crypto donations,” Georgiades believes. It takes time for knowledge to develop and spread to regulators; the example of internet regulation, practically absent in the 1990s, is still fresh.

It’s hard to imagine a flawless implementation of regulations, but over time, the understanding of the technology will grow; regulators will become more adept and recognize where crypto has the potential to impact campaign fundraising and where the risks need to be mitigated.

“It’s just going to take patience and a lot of education to get there,” Georgiades concluded.

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CFTC Chair Declares Ethereum (ETH) a Commodity, Regardless of Gary Gensler’s Bitcoin-Only Stance

CFTC Chair Declares Ethereum (ETH) a Commodity, Regardless of Gary Gensler’s Bitcoin-Only Stance

The Chair of the Commodity Futures Trading Commission (CTFC) believes Ethereum (ETH) is a commodity, despite opinions to the contrary from SEC Chairman Gary Gensler. Speaking at the Senate’s Agricultural Hearing, CTFC Chair Rostin Behnam says that the second-largest crypto asset by market cap counts as a commodity, making it fall under the jurisdiction of […]

The post CFTC Chair Declares Ethereum (ETH) a Commodity, Regardless of Gary Gensler’s Bitcoin-Only Stance appeared first on The Daily Hodl.

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​​Stablecoins and Ether are ‘going to be commodities,’ reaffirms CFTC chair

In the tug-of-war between the US regulators over control of crypto assets, the CFTC chair has triple-downed his stance — that Ether and stablecoins are commodities.

Stablecoins and Ether (ETH) are commodities and should come under the purview of the United States Commodity Futures Trading Commission (CFTC), its chairman has again asserted at a recent Senate hearing.

At the Mar. 8 Senate Agricultural hearing, CFTC chair, Rostin Behnam, was asked by Senator Kirsten Gillibrand about the differing views held by the regulator and the Securities and Exchange Commission (SEC) following the CFTC’s 2021 settlement with stablecoin issuer Tether, Behnam said:

“Notwithstanding a regulatory framework around stablecoins, they’re going to be commodities in my view.”

“It was clear to our enforcement team and the commission that Tether, a stablecoin, was a commodity,” he added.

In the past, the CFTC has asserted that certain digital assets such as Ether, Bitcoin (BTC) and Tether (USDT) were commodities — such as in its lawsuit against FTX founder Sam Bankman-Fried in mid-December.

Asked what evidence the CFTC would put forward to win regulatory influence over Ether during the Senate hearing, Behnam said it “would not have allowed” Ether futures products to be listed on CFTC exchanges if it “did not feel strongly that it was a commodity asset,” and added:

“We have litigation risk, we have agency credibility risk if we do something like that without serious legal defenses to support our argument that [the] asset is a commodity.”

The comment has seemingly cemented Behnam's sometimes wavering opinion on the classification of Ether. During an invite-only event at Princeton University in November last year he said Bitcoin was the only cryptocurrency that could be viewed as a commodity, leaving out Ether. Only a month before that, he suggested Ether could be viewed as a commodity too.

Related: CFTC continues to explore digital asset policy considerations in MRAC meeting

Behnam’s most recent comments oppose a view held by SEC chair, Gary Gensler, who claimed in a Feb. 23 New York Magazine interview that “everything other than Bitcoin” is a security, a claim that was rebuffed by multiple crypto lawyers.

The differing viewpoints of the market regulators could set the stage for a conflict as each vies for regulatory control of the crypto industry.

In mid-Febuary, the SEC flexed its authority against stablecoin issuer Paxos saying it may sue the firm for violating investor protection laws alleging its Binance USD (BUSD) stablecoin is an unregistered security.

Around the same time, the regulator similarly targeted Terraform Labs and called its algorithmic stablecoin TerraUSD Classic (USTC) a security, a move Delphi Labs general counsel, Gabriel Shapiro, said could be a “roadmap” for how the SEC could structure future suits against other stablecoin issuers.

The SEC’s crypto clampdowns have seen pushback front he industry, Circle founder and CEO, Jeremy Allaire said he doesn’t believe “the SEC is the regulator for stablecoins” saying they should be overseen by a banking regulator.

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CFTC continues to explore digital asset policy considerations in MRAC meeting

Commissioner Kristin Johnson said in prepared remarks that the U.S. digital economy was "witnessing the deployment of Web 3.0".

The United States Commodity Futures Trading Commission, or CFTC, was a part of discussions on a regulatory framework for digital assets as well as use cases for blockchain technology.

In a March 8 meeting of the CFTC’s Market Risk Advisory Committee, commissioners, regulators, and industry representatives were scheduled to discuss “critical policy considerations” as part of the commission’s efforts to develop a regulatory framework for digital assets. In addition, industry leaders including Uniswap Labs CEO Hayden Adams and Chainalysis’ global head of public policy Caroline Malcolm were part of a panel focused on use cases of DeFi, distributed ledgers, and blockchain.

“Consistent with the MRAC’s historic role in delivering first-of-its-kind or unprecedented reports and recommendations, we anticipate furthering the Commission’s focus on targeted recommendations to address climate-related risks in our markets and delivering recommendations for the regulation of digital asset markets,” said CFTC commissioner Kristin Johnson in prepared remarks.

Johnson added:

“Our economy is a digital economy. Global financial markets indisputably rely on the internet and the internet of things (IOT). We are now witnessing the deployment of Web 3.0.”

Along with the U.S. Securities and Exchange Commission, the CFTC has been behind some of the recent lawsuits against high-profile figures in the crypto space. The commission has charged former FTX executives Nishad Singh and Sam Bankman-Fried for allegations related to commodities fraud. Former Alameda Research CEO Caroline Ellison and former FTX chief technology officer Gary Wang face similar charges, but have consented to stays in the CFTC’s civil cases.

Related: CFTC head looks to new Congress for action on crypto regulation

Balancing the burden of digital asset regulation in the United States could be a point of contention among federal agencies and lawmakers in the current session of Congress. House Representative Tom Emmer introduced legislation aimed at limiting the Federal Reserve’s authority in issuing a central bank digital currency, while the SEC also has moved against Paxos over the Binance USD token.

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Senior FTX Executive Who Received $543,000,000 Loan From Alameda Pleads Guilty to Criminal Charges: Report

Senior FTX Executive Who Received 3,000,000 Loan From Alameda Pleads Guilty to Criminal Charges: Report

Former FTX head of engineering Nishad Singh is reportedly pleading guilty to criminal charges that occurred after Sam Bankman-Fried’s now bankrupt crypto exchange failed to meet customer withdrawals. Court documents show that Singh is facing charges of conspiracy to commit wire fraud on customers, wire fraud on customers, conspiracy to commit commodities fraud, conspiracy to […]

The post Senior FTX Executive Who Received $543,000,000 Loan From Alameda Pleads Guilty to Criminal Charges: Report appeared first on The Daily Hodl.

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Decentralized finance to be examined at inaugural CFTC tech advisory meeting

A panel at an upcoming advisory meeting for the financial regulator will “explore issues in decentralized finance.”

The United States commodities regulator is set to take a close look at the decentralized finance space at an upcoming meeting of its tech committee, where it has also invited crypto industry executives to present.

The Commodities Futures Trading Commission (CFTC) announced on March 1 that the agenda for the March 22 meeting of its Technology Advisory Committee will include a panel on “exploring issues in decentralized finance.”

Other panels will explore responsible Artificial Intelligence (AI) development and possible threats arising from AI along with cybersecurity threats to financial markets.

CFTC commissioner Christy Goldsmith Romero said in a statement the panel has an opportunity “to look past labels and examine the issues presented by DeFi thoughtfully and holistically,” adding:

“A discussion about DeFi, including cyber vulnerabilities, indicators of ‘decentralization,’ digital identity and unhosted wallets, will contribute to ongoing policy discussions in Washington, D.C. and beyond the beltway.”

The panel will include presentations that provide an overview of the DeFi ecosystem and will discuss decentralization issues, digital identity, noncustodial crypto wallets and exploits.

Executives from crypto companies including crypto custody platform Fireblocks, security company Trail Of Bits, venture capital firm Terranet Ventures and blockchain intelligence firms TRM Labs and Metrika are slated to present during the meeting.

The meeting agenda will also include a session that considers a subcommittee on crypto and blockchain technology in another move to help cement its bid to win regulatory jurisdiction over crypto.

The CFTC's DeFi-related panels agenda for the meeting. Source: CFTC

Last month, the CFTC’s Global Markets Advisory Committee discussed digital asset markets at its inaugural meeting.

Related: Rep. Maxine Waters says all US regulators ‘better get together on crypto’

Commissioner Caroline Pham, who oversaw the Feb. 13 meeting, said that crypto markets are “truly borderless” and urged policymakers to “understand what is happening” so the policy approach by the U.S. “does not leave Americans behind and playing catch-up.”

The CFTC has been edging for regulatory control of the burgeoning crypto sector from the Securities and Exchange Commission, with CFTC commissioners urging Congress to give the regulator oversight overcrypto.

CFTC chairman Rostin Behnam has similarly attempted to justify why the regulator should have authority over the space, saying the commission was “well positioned” to address regulatory shortfalls.

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SEC, CFTC press civil charges against former FTX exec Singh parallel to criminal case

Singh’s former colleagues Ellison and Wang consented to stays in their CFTC cases; Singh has agreed to submit a consent order proposal in the CFTC case.

Civil charges were announced against former FTX director of engineering Nishad Singh on Feb. 28, the same day he entered a guilty plea to three counts of criminal fraud in Manhattan district court. Both the United States Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) are pressing charges against Singh.

Singh pleaded guilty in the U.S. District Court for the Southern District of New York to one count of wire fraud, one count of conspiracy to commit wire fraud on FTX customers and one count of conspiracy to commit commodities fraud after reportedly reaching a deal with prosecutors.

The CFTC said it is charging Singh with fraud by misappropriation and with aiding and abetting fraud committed by Samuel Bankman-Fried, FTX and Alameda Research. The SEC’s complaint charges Singh with violating the anti-fraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. According to the SEC:

“Singh also knew or was reckless in not knowing that, more generally, Bankman-Fried often operated the companies [FTX and Alameda Research] without regard for responsible corporate controls and appropriate conduct.”

Singh did not contest the CFTC charges and has agreed to enter a proposed consent order, that agency reported. According to the SEC, Singh has consented to a bifurcated settlement, imposing a number of conditions on him, subject to court approval. “He will be permanently enjoined from violating the federal securities laws, the above-described conduct-based injunction, and an officer and director bar,” the SEC said.

Related: FTX seeks to claw back political donations by the end of February

The court will also decide on whether he is subject to “disgorgement of ill-gotten gains plus prejudgment interest and/or a civil penalty.”

Former FTX CEO Sam Bankman-Fried and former Alameda Research CEO Caroline Ellison and former FTX chief technology officer Gary Wang have also been charged by the SEC and CFTC. Ellison and Wang settled their cases with the SEC but consented to stays in the CFTC cases. The SEC and CFTC cases against Bankman-Fried were stayed until the conclusion of his criminal trial.

Latam Insights Encore: El Salvador Is Uniquely Positioned to Become the Microstrategy of Nation States

Custodia CEO Slams US Government Over Broad Crackdown, Lack of Regulatory Clarity in Crypto Industry

Custodia CEO Slams US Government Over Broad Crackdown, Lack of Regulatory Clarity in Crypto IndustryCaitlin Long, CEO of crypto bank Custodia, criticized the U.S. government for its handling of a massive crypto fraud that occurred months before the company’s collapse. She made her remarks in a blog post after disclosing evidence to law enforcement. Long’s post followed Custodia’s unsuccessful application to become a member of the Federal Reserve System, […]

Latam Insights Encore: El Salvador Is Uniquely Positioned to Become the Microstrategy of Nation States