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Judge orders CFTC to serve Ooki DAO founders with lawsuit

The DAO was initially served with a lawsuit via a help chat box but a federal judge said the regulator “should serve at least one identifiable Token Holder.”

A United States federal judge has ordered the Commodities Future Trading Commission (CFTC) to serve its lawsuit to the two original founders of the Ooki decentralized autonomous organization (DAO).

On Dec. 12, District Judge William Orrick ordered the U.S. regulator to serve Tom Bean and Kyle Kistner, the founders of the decentralized trading platform bZeroX which was the predecessor to Ooki DAO.

Bean and Kistner had already settled charges with the CFTC in September relating to illegal commodities offerings on bZeroX, while separate charges were laid against Ooki DAO token holders, which was served using a help chat box as well as a notice on its online forum.

However, when Judge Orrick later discovered Bean and Kistner were alsOoki DAO token holders he reconsidered how the CFTC was to serve the lawsuit.

“It seems clear in this case that Ooki DAO has actual notice of the litigation,” Judge Orrick wrote. “But to provide the best practicable notice, the CFTC should serve at least one identifiable Token Holder if that is possible.”

The CFTC’s original approach to filing the lawsuit received pushback and crypto industry participants filed amicus briefings in support of Ooki DAO which argued the CFTC should find Ooki DAO members and serve them directly with the lawsuit.

The U.S. District Court for the Northern District of California held a hearing on Dec. 7 with the CFTC and those entities who filed amicus briefs to persuade Judge Orrick to reconsider allowing the CFTC to serve Ooki DAO through its help chat box.

“At the hearing, the CFTC asserted it knew that some of Ooki DAO’s Token Holders reside and conduct business in the United States because the two founders of Ooki DAO’s predecessor entity, bZeroX LLC, are Token Holders who reside in the United States,” Orrick wrote.

“This was new information to me,” he added. “Neither the complaint nor the CFTC’s Motion for Alternative Service mention that the former founders, [Bean and Kistner], are or have been Token Holders.”

“The CFTC is now ORDERED to serve Bean and Kistner, in their roles as Ooki DAO Token Holders,” he concluded.

Related: CFTC chief says Bitcoin is the only commodity in the wake of FTX collapse

On Sep. 22, the CFTC settled charges against Bean and Kistner for “illegally offering leveraged and margined retail commodity transactions in digital assets” through bZeroX.

Simultaneously, it filed its lawsuit against Ooki DAO alleging it operated the same software as bZeroX after it was given into its control which violated “the same laws as the respondents.”

The CFTC was strongly criticized, even by its own people, for bringing the lawsuit without clear regulatory guidelines with CFTC commissioner, Summer Mersinger, calling it a “regulation by enforcement” approach.

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CFTC Chair Leaves Ethereum Hanging, Says Only Bitcoin Is a Commodity: Report

CFTC Chair Leaves Ethereum Hanging, Says Only Bitcoin Is a Commodity: Report

The Chair of the Commodities Futures Trading Commission (CFTC) is reportedly saying that only one crypto asset on the market counts as a commodity. According to a new report by Fortune, CFTC Chair Rostin Behnam says that Bitcoin (BTC), the leading digital asset by market cap, is the only virtual currency that can be considered […]

The post CFTC Chair Leaves Ethereum Hanging, Says Only Bitcoin Is a Commodity: Report appeared first on The Daily Hodl.

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Cardano Creator Charles Hoskinson Weighs In on Ripple Lawsuit, Calls Case Against XRP Absurd

Cardano Creator Charles Hoskinson Weighs In on Ripple Lawsuit, Calls Case Against XRP Absurd

Cardano (ADA) co-creator Charles Hoskinson says that the U.S. Securities and Exchange Commission’s (SEC) lawsuit against Ripple Labs is absurd. The SEC sued Ripple Labs in late 2020 under allegations that the firm issued XRP as an unregistered security. In a lengthy thread, Hoskinson tells his 950,500 Twitter followers that he doesn’t believe layer-1 protocols […]

The post Cardano Creator Charles Hoskinson Weighs In on Ripple Lawsuit, Calls Case Against XRP Absurd appeared first on The Daily Hodl.

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Gold and Silver Prices Slide Lower Following US Jobs Report — Analyst Says Data Suggests ‘Market Bottom Is in Place’

Gold and Silver Prices Slide Lower Following US Jobs Report — Analyst Says Data Suggests ‘Market Bottom Is in Place’On Friday, October 7, 2022, the precious metals gold and silver dropped in U.S. dollar value following the recent U.S. jobs report for September. The USD value of gold per troy ounce is awfully close to slipping below the $1,700 range, while the price of silver is teetering near the $20 threshold. Precious Metals Price […]

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BTC to outperform ‘most major assets’ in H2 2022 — Bloomberg analyst

Global rate hikes are putting downwards pressure on asset prices, but Bitcoin is starting to outperform commodities and tech stocks.

Senior commodity strategist at Bloomberg Intelligence, Mike McGlone, stated October has historically been the best month for Bitcoin (BTC) since 2014, averaging gains of about 20% for the month, and that commodities appearing to peak could imply that Bitcoin has reached its bottom.

In an Oct. 5 Bloomberg Crypto Outlook report, McGlone says while the rise of interest rates globally is putting downwards pressure on most assets, Bitcoin is gaining the upper hand when compared with commodities and tech stocks like Tesla, with the report noting:

“When the ebbing economic tide turns, we see the propensity resuming for Bitcoin, Ethereum, and the Bloomberg Galaxy Crypto Index to outperform most major assets.”

McGlone notes that Bitcoin has its lowest ever volatility against the Bloomberg Commodity Index, which tracks the price movements of global commodities such as gold and crude oil, and suggests that historically Bitcoin volatility is more likely to recover as compared to commodities when the crypto heads to new highs.

Bitcoin vs BCOM and Bitcoin 260 day volatility vs BCOM 260 day volatility. Source: Bloomberg Crypto Outlook

McGlone suggested the second half of 2022 could see Bitcoin “shift toward becoming a risk-off asset, like gold and US Treasury’s,” following low volatility throughout September and a potential peak in commodity prices.

In the past, Bitcoin has been highly correlated with tech stocks, with its volatility making it a risky asset that traders are likely to sell in an environment where investors are looking to reduce risk.

Related: 5 reasons why Bitcoin could be a better long-term investment than gold

Kaiko Research data released on Oct. 4 supports the notion that Bitcoin may be transitioning to acting more like “digital gold,” with Bitcoin’s correlation to gold hitting its highest level in more than a year at +0.4 following a strengthening of the United States dollar as interest rates rise.

Bitcoin’s correlation with gold over the last 12 months. Source: Kaiko

A correlation of +1.0 means that the movement between two different assets is synonymous, for example a 10% increase in gold would be matched by a 10% increase in Bitcoin should the two assets have a correlation of +1.0.

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Ukrainian Police Bust Crypto Call Centers Defrauding Investors Across Europe

Ukrainian Police Bust Crypto Call Centers Defrauding Investors Across EuropeUkrainian investigators have exposed a scheme targeting residents of the country and the European Union with various financial scams, including some related to cryptocurrencies. The criminal organization members contacted their victims through call centers to collect personal financial information. Fake Ukrainian Call Centers Promise Foreigners Excess Profits From Crypto Trading Officers from the Main Investigative […]

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UBS raises US recession odds to 60%, but what does this mean for crypto prices?

Analysts believe the possibility of a recession in the US is increasing and this could be an important stress test for cryptocurrencies.

On Aug. 30, global investment bank UBS increased its view on the risk of the United States entering a recession within one year to 60%, up from 40% in June. According to economist Pierre Lafourcade, the latest data showed a 94% chance of the economy contracting, but added that it "does not morph into a full-blown recession."

Partially explaining the difference is the "extremely low levels" of non-performing loans, or defaults exceeding 90 days from credit borrowers. According to Citigroup Chief Executive Jane Fraser, the institution "feels very good about" liquidity and credit quality. Furthermore, Reuters states that the financial industry wrote off merely 0.1% of its loans in the 2Q.

The problem is that even in the now-improbable scenario of avoiding a generalized recession, companies will face diminishing earnings as surging inflation limits consumption and Central Banks increase interest rates while winding down their balance sheets. Either way, the pressure on corporate profits is huge and this puts pressure on stock prices.

The valuation dynamics for cryptocurrencies vastly differ from equities, corporate debt, and stock markets. The truth is that there are no set metrics or indicators to guide token prices. Market participants have different perspectives on the protocols and their use cases.

On the other hand, the stock market has battle-tested valuation indicators that have been consistently used for decades, pounded by analysts, pundits and investors. For instance, the Price / Earnings multiple measures how many years would take a company to generate enough profit to cover its current market capitalization.

Regardless of how one measures the stock market success, it depends on margins, revenues, interest rates, and the U.S. dollar foreign exchange rate. That's why a stock can go down 70% or more even before a recession hits the markets, as it desperately needs a constant inflow of revenues. It’s unlikely that the same rationale is applicable to crypto?

Understanding stock markets and commodities valuation

The first rule of equities valuation is: investors have different inputs, expectations, and timeframes for a stock. Sure, there are consolidated models, indicators and analysts' recommendations, but ultimately, there's no guarantee that the equity price will follow any rationale.

We can chart the Price / Earnings multiple, Enterprise Value / EBITDA, or whatever metric investors closely monitor. However, one will never know what the future holds for those companies, even those carrying long-term contracts, such as the energy sector.

Trader’s should not confuse volatility with valuation. A company can have steady and predictable cash flow, but that might become a liability during bull markets when other sectors are growing earnings and expanding. Moreover, a stock market price is never immune to the broader economy because, ultimately, a financial institution's collapse might as well drag down counterparties.

Let's take a simple and utopic example, the New York real estate market. If development enters a grinding halt, there is no change in the utility of the land, including houses, commercial and agricultural spaces. If an aggravated crisis causes the rupture, there's even room for price appreciation since some investors would seek shelter in hard assets.

The same can be said for oil, gold, or cattle. There's no need for a constant flow of earnings to sustain those assets' value. Worst case scenario, no more gold and oil gets extracted from the ground, but their price will likely increase as the currently available supply diminishes.

What are cryptocurrencies after all?

It does not matter whether investors consider Bitcoin (BTC) and Ethereum (ETH) as commodities, currencies or novel technology bets. Both assets have extremely limited production schedules, which will be kept even if the hashrate and validators (nodes) drop by 90%. Their use as independent digital asset transmission systems will continue working as planned.

As previously stated, the price of cryptocurrencies might be heavily impacted by an enduring economic recession, but there's hardly a scenario where the networks become useless due to inflation, rising interest rates or credit defaults. The same rule cannot be applied to Walmart, UnitedHealth Group, or Ford Motor Company — all top 20 companies by revenue.

Paradoxically, failing companies are not a suitable store of value during a recession, meaning bankrupt assets can be liquidated and the shareholder gets zero. The decentralization aspect of cryptocurrencies shields investors from even the worst-case scenarios, including delisting from major exchanges.

At the same time, the initial shock of a global recession, for example, the housing market crash and growing distrust in the financial system, could pave the way for alternative hard assets, including cryptocurrencies.

Right now, it sounds like a distant dream, but a full-blown recession would be the first major global financial crisis experienced by cryptocurrencies since Bitcoin's inception in 2009.

Whether or not crypto valuations will sustain themselves in the long run is still undecided. So far, the sector has endured major market participant failures, including exchanges and lending intermediaries and during this time no need for intervention was required. Thus, one could say that it passed its first test, although it’s too early to issue the final report.

The views and opinions expressed here are solely those of the author and do not necessarily reflect the views of Cointelegraph. Every investment and trading move involves risk. You should conduct your own research when making a decision.

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Goldman Sachs Urges Investors to Buy Commodities Now — Expects Equities to Suffer as Inflation Stays Elevated

Goldman Sachs Urges Investors to Buy Commodities Now — Expects Equities to Suffer as Inflation Stays ElevatedGlobal investment bank Goldman Sachs has urged investors to buy commodities now and worry about a recession later. The firm’s analysts see commodities as “the best asset class to own during a late-cycle phase where demand remains above supply.” Meanwhile, “equities could suffer as inflation stays elevated and the Fed is more likely to surprise […]

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Is Cardano (ADA) a Security? Bitcoin (BTC) Billionaire Michael Saylor Analyzes Eighth-Largest Crypto Asset by Market Cap

Is Cardano (ADA) a Security? Bitcoin (BTC) Billionaire Michael Saylor Analyzes Eighth-Largest Crypto Asset by Market Cap

Bitcoin (BTC) bull and Microstrategy CEO Michael Saylor says he considers proof-of-stake blockchain Cardano (ADA) to be a security. In a new interview on the Altcoin Daily YouTube channel, Saylor says there is a distinction between Cardano and proof-of-work blockchain Bitcoin. “My opinion is Bitcoin is a digital commodity. I think that all the proof-of-stake […]

The post Is Cardano (ADA) a Security? Bitcoin (BTC) Billionaire Michael Saylor Analyzes Eighth-Largest Crypto Asset by Market Cap appeared first on The Daily Hodl.

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Billionaire Chamath Palihapitiya Says Bitcoin Has To Be Regulated Like a Security – Here’s Why

Billionaire Chamath Palihapitiya Says Bitcoin Has To Be Regulated Like a Security – Here’s Why

Billionaire venture capitalist Chamath Palihapitiya says leading digital asset Bitcoin (BTC) should be regulated like a security. In a new interview on the All-In Podcast, Palihapitiya says regulatory agencies and lawmakers should treat the top crypto asset like a security even though it may not necessarily be one. “I tend to think at this point […]

The post Billionaire Chamath Palihapitiya Says Bitcoin Has To Be Regulated Like a Security – Here’s Why appeared first on The Daily Hodl.

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