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More US senators back Elizabeth Warren’s AML bill targeting crypto

The legislation, reintroduced in July, already has the support of several U.S. lawmakers, but critics have suggested it could threaten financial freedom and privacy.

Massachusetts Senator Elizabeth Warren, an outspoken critic of digital assets in the United States government, has announced that five more senators have agreed to cosponsor one of her bills aimed at cracking down on money laundering.

In a Dec. 11 announcement, Sen. Warren said Senators Raphael Warnock, Laphonza Butler, Chris Van Hollen, John Hickenlooper and Ben Ray Luján had backed her Digital Asset Anti-Money Laundering Act, reintroduced in July. According to Warren, the legislation specifically targeted illicit uses of crypto assets for money laundering and financing terrorism.

“I’m glad that five new senators are joining the fight to take action, including three members of the Banking Committee,” said Sen. Warren. “Our bipartisan bill is the toughest proposal on the table cracking down on crypto’s illicit use and giving regulators more tools in their toolbox.”

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$181,034,960,000 in Fines Paid by Big Four US Banks As JPMorgan CEO Jamie Dimon Says Crypto’s for ‘Criminals’

1,034,960,000 in Fines Paid by Big Four US Banks As JPMorgan CEO Jamie Dimon Says Crypto’s for ‘Criminals’

Hundreds of billions of dollars worth of fines have been paid by the four biggest banks in the US as JPMorgan’s chief executive sounds off against digital assets, saying they are for criminals. According to corporate misconduct data aggregator Violation Tracker, the big four banks of the US – Bank of America, Wells Fargo, Citigroup, […]

The post $181,034,960,000 in Fines Paid by Big Four US Banks As JPMorgan CEO Jamie Dimon Says Crypto’s for ‘Criminals’ appeared first on The Daily Hodl.

Jeremy Allaire Unveils Stablecoin Prediction, Says One Use-Case ‘Definitely The Killer App’

House Committee passes bill to ‘preserve U.S. leadership’ in blockchain

The pro-crypto bill is one of many before Congress that aims to promote the country’s deployment and use of blockchain technology.

A United States House Committee has unanimously passed a pro-blockchain bill, which would task the U.S. commerce secretary to promote blockchain deployment and thus potentially increase the country's use of blockchain technology.

On Dec. 5, the House Committee on Energy and Commerce voted 46-0 to pass H.R. 6572, the Deploying American Blockchains Act of 2023, in a session aiming to clear 44 pieces of legislation.

The 13-page blockchain bill would direct Secretary of Commerce Gina Raimondo to “take actions necessary and appropriate to promote the competitiveness of the United States related to the deployment, use, application, and competitiveness of blockchain technology or other distributed ledger technology.”

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Crypto-friendly US lawmaker Patrick McHenry won’t seek reelection in 2024

All 435 seats in the U.S. House of Representatives will be up for grabs in the 2024 election, with the future of crypto bills in the House Financial Services Committee uncertain.

Representative Patrick McHenry, chair of the United States House Financial Services Committee and a proponent of many pieces of crypto-focused legislation, will be retiring from Congress.

In a Dec. 5 statement, McHenry said he would not seek reelection to the U.S.

“This is not a decision I come to lightly, but I believe there is a season for everything and — for me — this season has come to an end,” said McHenry.

During his time as chair of the House Financial Services Committee, McHenry was one of the few crypto proponents in Congress who pushed for passing bills to establish regulatory clarity for digital assets.

“Chairman McHenry is an unparalleled leader who has consistently recognized the importance of responsible innovation and fit-for-purpose regulation in the financial sector,” said Sheila Warren, CEO of the Crypto Council for Innovation.

Related: Rep. Patrick McHenry blames White House for lack of urgency on stablecoin bill negotiations

Jake Chervinsky, soon-to-be former chief policy officer of the Blockchain Association, thanked McHenry on X (formerly Twitter) for his “leadership on crypto policy.” Some industry leaders on the social media platform expressed regret at the North Carolina Representative’s departure, including Coinbase president Emilie Choi.

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U.S. Deputy Treasury Secretary Wally Adeyemo Warns Crypto Industry To Take Action Against Illicit Finance

U.S. Deputy Treasury Secretary Wally Adeyemo Warns Crypto Industry To Take Action Against Illicit Finance

U.S. Deputy Treasury Secretary Wally Adeyemo is issuing a warning to the crypto industry, saying it must crack down on illicit finance. Speaking at the 2023 Blockchain Association Policy Summit, Adeyemo says that the digital assets industry should self-regulate against illegal financial activities or regulators will have to clamp down even harder on the nascent […]

The post U.S. Deputy Treasury Secretary Wally Adeyemo Warns Crypto Industry To Take Action Against Illicit Finance appeared first on The Daily Hodl.

Jeremy Allaire Unveils Stablecoin Prediction, Says One Use-Case ‘Definitely The Killer App’

Blockchain Association files support in suit to lift Tornado Cash sanctions

The crypto advocacy group said OFAC must act within its statutory authority by sanctioning bad actors, not open-source software tools.

The Blockchain Association has thrown fresh support behind six plaintiffs suing the United States Treasury Office of Foreign Assets Control (OFAC) over its sanctions on the crypto mixer Tornado Cash.

In a Nov. 20 amicus curiae brief to a U.S. appellate court, the crypto advocacy group argued OFAC’s decision to sanction the privacy protocol was not only unlawful but exceeded its statutory authority and was both “arbitrary and capricious” — contrary to the U.S. Constitution.

It’s the second amicus brief filed by the Blockchain Association supporting a group of Tornado Cash users appealing a lower court’s ruling that upheld OFAC’s decision to add the cryptocurrency mixer to its list of sanctioned entities.

Blockchain Association senior counsel Marisa Coppel emphasized in a Nov. 20 statement that OFAC needs to focus on sanctioning bad actors rather than outright banning tools, which she claimed it has no authority over.

“OFAC must see Tornado Cash for what it is: a tool that can be used by anyone,” Coppel said. “Rather than sanctioning a tool with a lawful purpose, OFAC should remain focused on the bad actors that misuse such tools.”

“OFAC’s action sets a dangerous new precedent that drastically exceeds their authority and jeopardizes law-abiding Americans’ right to privacy.”

In its brief, the Blockchain Association suggested OFAC should act within the bounds of the law by seeking approval from Congress to ban crypto mixers such as Tornado Cash.

Related: Kenyan lawmakers ask local Blockchain Association to come up with crypto bill

“The proper remedy is to seek legislation from Congress that would provide supplemental authority in the uniquely decentralized digital asset context — not to improperly stretch its existing authorities,”  it said.

“Such a power-grab would be a slippery slope that could threaten all manner of internet-based tools that have heretofore been freely available.”

The Blockchain Association has long held that Tornado Cash has no owner or operator and can function automatically without human intervention or assistance.

OFAC first sanctioned Tornado Cash in August 2022. It alleged that individuals and groups had used the mixer to launder more than $7 billion in cryptocurrencies since 2019, including the $455 million stolen by the North Korea-affiliated Lazarus Group.

Crypto exchange Coinbase also backed the suit, pledging to

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US regulators continue to discuss crypto: Law Decoded, Nov. 13–20

Elizabeth Warren continues pressing for tighter regulation, and Vivek Ramaswamy promises to defend crypto from the government’s overreach if elected.

The United States House Financial Services Subcommittee on Digital Assets, Financial Technology and Inclusion received an education in the uses of blockchain technology in a hearing titled “Crypto Crime in Context: Breaking Down the Illicit Activity in Digital Assets.” The meeting began with a discussion of Hamas’s use of crypto for fundraising. However, the committee’s Chair, Representative French Hill, declared that as “phone and the internet aren’t to be blamed for terror financing,” crypto shouldn’t be either. The witnesses, including representatives from Consensys and Chainalysis, spoke about the need for international and public-private collaboration in stopping the misuse of digital assets, the need for well-crafted legislation and the intricacies of blockchain sleuthing.

At another hearing held by the Senate Special Committee on Aging, U.S. Senator Elizabeth Warren highlighted the dangers of cryptocurrency scams. Steve Weisman, a recognized expert on scams and cybersecurity as described by Warren, confirmed that unlike credit card fraud, which can be swiftly identified, stopped and traced, crypto poses greater challenges with transparency. Weisman expressed support for Warren’s Digital Asset Anti-Money Laundering Act, which seeks to ensure that digital assets are subject to the same Anti-Money Laundering laws as traditional fiat currency.

Meanwhile, the New York State Department of Financial Services (NYDFS) unveiled new restrictions that mandate crypto companies submit their coin listing and delisting policies for NYDFS approval. Company policies will be measured against more stringent risk assessment standards set forth by the NYDFS to protect investors. Technological, operational, cybersecurity, market, liquidity and illicit activity risks of the tokens are among the factors to be considered by the NYDFS. The incoming changes apply to all digital currency business entities licensed under the New York Codes, Rules and Regulation or limited purpose trust companies under the state’s banking law.

Vivek Ramaswamy criticizes mixer sanctions in his crypto program

Republican United States Presidential candidate Vivek Ramaswamy unveiled a crypto policy framework called “The Three Freedoms of Crypto.” Ramaswamy vows to “direct government prosecutors to prosecute bad actors, not the code they use and not the developers who write that code” if elected president. In an accompanying speech, Ramaswamy specifically targeted sanctions against crypto mixer Tornado Cash, stating: “The case brought against the Tornado Cash folks, for example. […] You can’t go after the developers of code.”

The presidential candidate also promises to provide regulatory clarity that gives new cryptocurrencies “safe harbor” exemptions from securities laws for a period of time after they are launched and to prevent any federal agency from creating rules that limit the use of self-hosted wallets.

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Australia will impose a capital gains tax on wrapped tokens

The Australian Taxation Office (ATO) has issued guidance on capital gains tax (CGT) treatment of decentralized finance and wrapping crypto tokens for individuals, clarifying its intent to continue taxing Australians on capital gains when wrapping and unwrapping tokens. In May 2022, the ATO outlined crypto capital gains as one of four key focus areas. Building on the initiative, the Australian tax authority recently clarified a raft of taxable actions in its jurisdiction. The transfer of crypto assets to an address that the sender does not control or that already holds a balance will be regarded as a taxable CGT event, the ATO said in its statement.

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Democratic Party of South Korea obliges its candidates to disclose crypto holdings

The Democratic Party of Korea, which holds 167 out of 300 seats in the National Assembly, has made it mandatory for prospective candidates to disclose their digital asset holdings before the 2024 general election. The disclosure will be a part of the party’s effort to show the “high moral standards” of its candidates. In the case of false reports, the party will cancel that person’s candidature. However, there would be no consequences for holding crypto. The information on prospective candidates will be made available to the public on a separate online platform featuring details of their careers, educational background and legislative activity plans.

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US Congress members urge financial authorities to invalidate SEC’s SAB 121

In a memo, Congress members state that Federal banking agencies should not require financial institutions providing custody services for digital assets to maintain capital against the assets.

Several members of the United States Congress have submitted a memo urging key financial authorities, including the chair of the board of the Federal Deposit Insurance Commission and the acting comptroller of the currency, to provide guidance or take action clarifying that the U.S. Securities and Exchange Commission (SEC) Staff Accounting Bulletin 121 (SAB 121) is not enforceable following a recent Government Accountability Office (GAO) finding.

In the memo, the Congress members stated that SAB 121 should have no legal effect and that the federal banking agencies and National Credit Union Administration should not require banks, credit unions and other financial institutions providing custody services for digital assets to comply.

SAB 121 states that the crypto assets of bank customers should be held on the bank’s balance sheet, reflecting the value of the assets and requiring capital to be maintained against them. Industry representatives and several U.S. lawmakers have argued that it jeopardizes the willingness of regulated banks to act as crypto custodians and treats crypto holdings differently than other assets.

The GAO determined that the SEC’s SAB 121 should undergo congressional review based on a letter from Senator Cynthia Lummis to the U.S. Comptroller General in August 2022. The evaluation focused on whether the bulletin qualifies as a rule under the Congressional Review Act. According to the act, an agency rule must be reported to the comptroller general and both chambers of Congress, with a mechanism for Congress to disapprove the rule.

Related: GAO finds controversial SEC guidance is subject to congressional oversight

The Congress members, who include Lummis, Senator Kirsten Gillibrand and Representatives Patrick McHenry, French Hill, Ritchie Torres, Mike Flood and Wiley Nickel, expressed concern that enforcing this rule, which does not comply with regulations, would establish a worrisome precedent. It could enable regulatory maneuvering to bypass the Administrative Procedure Act, ultimately granting the SEC regulatory authority over institutions not authorized by Congress, the lawmakers claim.

In June 2022, five senators wrote to SEC Chair Gary Gensler, expressing their disapproval of what they deemed “backdoor regulation.” Additionally, Flood lectured Gensler on the bulletin during his appearance before the House Financial Services Committee in September.

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US House Financial Services subcommittee looks for answers on crypto and crime

Reports on crypto funding terrorism and blockchain forensics were confusing, but everyone agreed on the need for collaboration and regulation.

The United States House Financial Services Subcommittee on Digital Assets, Financial Technology and Inclusion received an education in the uses of blockchain technology in a hearing titled “Crypto Crime in Context: Breaking Down the Illicit Activity in Digital Assets” on Nov. 15. The hearing was bipartisan in nature, chair French Hill stated at the outset. 

Hill began the meeting by citing an article published by The Wall Street Journal on Oct. 10 on the use of crypto by Hamas for fundraising. The article was corrected on Oct. 27 to reflect more accurately crucial data produced by blockchain analytics firm Elliptic, as Hill also mentioned. He continued:

“Phone and the internet aren’t to be blamed for terror financing, and crypto shouldn’t either.”

In a similar vein, subcommittee ranking member Stephen Lynch stated the hope that “we can put aside some of the preconceived notions some may have.”

The House subcommittee hearing announcement. Source: The House Financial Services Committee

The panel of witnesses included representatives of Consensys and Chainalysis, as well as forensic experts and a senior counsel from law firm Hogan Lovells. They spoke about the need for international collaboration and public-private collaboration in stopping the misuse of digital assets, the need for well-crafted legislation and the intricacies of blockchain sleuthing.

Representative Brad Sherman asked Dynamic Securities Analytics president Alison Jimenez for an example of a licit use of a crypto mixer, which she was unable to provide.

Related: Israeli authorities seize crypto from terror organizations, credit new technology

Plenty of other voices wanted to be heard at the same time on this topic. Hill, Representative Tom Emmer, Financial Services Committee Chair Patrick McHenry and Representative Ritchie Torres were lead signers, along with a bipartisan group of 53 more House members, of a letter to U.S. President Joe Biden and Treasury Secretary Janet Yellen on Nov. 15.

The letter requested information on Hamas and Palestinian Islamic Jihad fundraising and the role of cryptocurrency in its efforts. The letter stated:

“It is important to understand the scope of Hamas’s digital assets fundraising campaign in the context of its traditional funding activities.”

It went on to say that traditional fundraising methods “could far exceed” the revenue brought in through crypto, and Congress needs assistance “understanding the size, scope, and duration of Hamas’s digital asset fundraising campaign, as well as accurate information on blocked or forfeited digital assets from terrorist organizations.”

The letter cites the same Wall Street Journal article. On Nov. 12, the WSJ published a second article by the same authors on the use of crypto to funnel money to Hamas.

Also on Nov. 15, the Blockchain Association released an open letter to Hill and other members of the Financial Services Committee. That letter was signed by 40 former members of the U.S. military, intelligence officers and national security professionals who now have links to digital assets companies or venture capital.

They also mentioned the earlier WSJ article, saying they were concerned that the “grossly overstated” and “debunked” article “continues to be used to push legislation that would be counterproductive to U.S. national security interests.”

Encouraging the growth of a regulated, compliant digital asset industry in the United States is the best way to root out bad actors, the letter continued.

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First deadline window looms for SEC to approve Bitcoin ETFs: Law Decoded

Even if approved by Nov. 17, the spot Bitcoin ETFs are unlikely to come to market for at least a month after approval.

The United States Securities and Exchange Commission (SEC) could approve all 12 pending spot Bitcoin exchange-traded fund (ETF) applications by Nov. 17. Beginning on Nov. 9, the SEC reportedly has a “window” to approve all 12 spot Bitcoin ETF filings, including Grayscale Investments conversion of its Grayscale Bitcoin Trust product.

However, even if the SEC approves spot Bitcoin (BTC) ETFs by Nov. 17, it could be more than a month before the products launch. The expected delay in launch following SEC approval would be due to the two-step process of launching an ETF. For an issuer to start a Bitcoin ETF, it must get approval from the SEC’s Trading and Markets division on its 19b-4 filing and its Corporate Finance division on the S-1 filing or prospectus. Of the 12 Bitcoin ETF applications, nine issuers have submitted revised prospectuses showing they have communicated with the Corporate Finance division.

Meanwhile, Nasdaq filed the 19b-4 form with the securities regulator on behalf of the $9 trillion asset management firm BlackRock for a proposed ETF, the iShares Ethereum Trust. The move signals BlackRock’s intention to expand beyond Bitcoin with its crypto ETF aspirations. The fund has already registered the corporate entity iShares Ethereum Trust in Delaware. At least five other firms are seeking SEC approval for a spot Ether (ETH) ETF: VanEck, ARK 21Shares, Invesco, Grayscale, and Hashdex.

CLARITY Act may forbid U.S. officials from engaging with Tether’s parent company

U.S. Representatives Zach Nunn and Abigail Spanberger have jointly introduced the Creating Legal Accountability for Rogue Innovators and Technology Act of 2023 — or the CLARITY Act of 2023. The legislation aims to prohibit federal government officials from conducting business with Chinese blockchain companies. The act would ban government employees from using the underlying networks of Chinese blockchain or cryptocurrency trading platforms. Furthermore, it would explicitly forbid U.S. government officials from engaging in transactions with iFinex, the parent company of USDT issuer Tether.

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Forty-seven countries pledge to start exchanging crypto tax data by 2027

Forty-seven national governments have issued a joint pledge to “swiftly transpose” the Crypto-Asset Reporting Framework (CARF) — a new international standard on automatic exchange of information between tax authorities — into their domestic law systems. Developed from an April 2021 mandate from the G20, the CARF framework requires reporting on the type of cryptocurrency and digital asset transaction, whether through an intermediary or a service provider. The statement’s authors intend to activate exchange agreements for information exchanges to commence by 2027.

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The European Banking Authority proposes its guidelines for stablecoin issuers

The European Banking Authority (EBA) — the European Union’s banking watchdog — has proposed new guidelines for stablecoin issuers to set minimum capital and liquidity requirements. Under the proposed liquidity guidelines, stablecoin issuers must offer any stablecoin backed by a currency that is fully redeemable at par to investors. The official proposal by the EBA noted that the stablecoin liquidity guidelines will act as a liquidity stress test for stablecoin issuers. The EBA believes the stress test will highlight any shortcomings and lack of liquidity for the stablecoin. This can help the authority approve only fully-backed stablecoins with enough liquidity buffer. 

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Jeremy Allaire Unveils Stablecoin Prediction, Says One Use-Case ‘Definitely The Killer App’