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US Attorney seeks 7-year sentence for exec in crypto shadow banking case

U.S. prosecutors are wanting Reginald Fowler to face at least seven years in jail if convicted on April 20.

A long sentence is being sought by United States prosecutors for an executive in a crypto shadow banking case that has dragged on for five years.

On April 18, U.S. District Attorney Damian Williams filed a request in advance of the sentencing of Reginald Fowler which is scheduled for April 20.

Fowler, the former minority owner of the Minnesota Vikings NFL team, was originally arrested and charged with bank fraud, illegal money transfers and conspiracy connected to shadow banking practices in 2019 over his alleged operation of an unlicensed money transmitting business.

On behalf of the government, Williams is requesting a sentence of at least seven years imprisonment. However, he suggested a range of 15 to 20 years to reflect the seriousness of the offense.

Extract from the filing in the United States v. Reginald Fowler case. Source: CourtListener

Fowler established a firm called Global Trading Solutions (GTS) in 2018 under the umbrella of the Panama-based Crypto Capital Corp, an alleged crypto shadow bank.

He was accused of acting as an unlicensed money transmitter and deceiving financial institutions. Through Crypto Capital, he allegedly provided shadow banking services to several crypto exchanges including Bitfinex, Binance, CEX.io and QuadrigaCX.

Between February and October 2018 GTS and Crypto Capital processed approximately $750 million in cryptocurrency transactions providing unlawful access to the U.S. banking system for unlicensed crypto firms, according to the filing.

Ivan Manuel Molina Lee, the head of Crypto Capital, was arrested in 2019 on suspicion of money laundering and being involved in a Columbian drug cartel.

Crypto Capital was a key player in the court case regarding Bitfinex’s failure to disclose the loss of $850 million in customer funds. That case was settled in February 2022 with the firms ordered to pay $18.5 million in civil penalties and shut down New York trading operations.

Related: Crypto Capital's NFL defendant open to guilty plea, but not for $371M

In 2020 Fowler pleaded not guilty to all charges and was released on $5 million bail, however, he reentered a guilty plea in April 2022. As his sentencing approaches Williams concluded:

“Reginald Fowler has committed serious crimes. Only a significant period of incarceration, of at least 84 months imprisonment, could reflect that seriousness, promote respect for the law, and afford adequate deterrence.”

In September 2022, Fowler requested a six-month adjournment citing a serious medical condition.

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Crypto could solve venture capital’s due diligence problem — VC exec

Due diligence has always been an issue in the venture capital space according to a VC executive, but crypto offers a solution: A public and immutable ledger.

Venture capitalists battling with the difficulties of proper crypto firm due diligence should be looking at getting back to the basics — to "trust the chain," a crypto-focused venture fund executive argues. 

Speaking to Cointelegraph, John Lo, head of digital assets at Recharge Capital — a $6 billion fund with crypto and decentralized finance (DeFi) projects on its portfolio — said that FTX shook the "confidence in this industry."

"There will be a lot of soul-searching," he said. According to Lo, due diligence has always been a problem in the venture space, even outside of crypto.

He said the action plan taken by crypto venture capitalists in response to the FTX collapse will be a crucial deciding factor for either an effective recovery or a deepening of the industry crisis.

However, Lo argues that the crypto industry provides the world with a step toward a solution, a public and immutable ledger, arguing:

"Crypto VCs specifically need to go back to crypto principles - trust the chain. We're going to see a lot more businesses operate on-chain, and VCs rely on on-chain data to perform more thorough diligence."

"We're going to see better tools to distill and track on-chain data, in fact, we may even see entire on-chain businesses wrapped into NFTs and sold, optimizing arduous M&A processes," he added. 

The total funding raised in the crypto venture capital last year exceeded 2021, with $30.3 billion secured by crypto projects, Cointelegraph Research’s VC Database shows.

The last quarter of 2022 saw the lowest capital inflow to the industry in two years with only $2.8 billion allocated across 371 deals according to a Jan. 1 tweet from Alex Thorn, head of research at Galaxy Digital.

FTX's meltdown caused a negative sentiment across the industry, but the funding decline also reflects the macroeconomic scenario, said Lo.

"A high-interest environment does not bode well for risk-on industries. Venture usually lags, and we're likely to see markdowns," noted Lo. He believed as 2023 goes forward and the macroeconomic landscape stabilizes, the industry will regain stability as well.

"It is probably a good thing bad actors and bad practices are shaken out earlier rather than later."

As the year progresses, Lo predicted the industry will see more capital deployments than inflows with an emphasis on on-chain products and services rather than tokens.

A number of challenges that surfaced during the bull market will likely be in the spotlight too, including user experience, wallets, user onboarding and compliance.

"Key narratives are forming regarding blockchain scalability, liquid staking, real-world assets, decentralized exchanges and platforms," Lo stated.

"These optimizations after a frenzied period of experimentation will be key to growth, and as always, there are teams working in stealth on groundbreaking products yet to be seen," he said, adding:

"Crypto is alive and well."

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Wealth report: As old money procrastinates, young money goes crypto

The development of the cryptocurrency industry could not go unnoticed by the global rich. Where do the ultra-wealthy stand on crypto?

The rich get richer. According to the Wealth-X consulting company, in 2020, the number of ultra-high-net-worth individuals worth $5 million–$30 million in the world increased by 1.7% to 295,450 people; the combined net worth of this group increased by 2% to $35.5 trillion.

Observing the investment preferences of rich individuals and institutional investors is instructive. They have access to exclusive information and analytics to inform their investment decisions, and their investments are often supported by an army of advisers, employees of family offices and wealth managers.

Due to the instability in world politics and high inflation in many parts of the globe, 2021 marked a trend for the wealthy to search for new investment growth points. Traditional assets, on which the fortunes of the establishment are usually based — real estate, securities, deposits — are currently under great pressure. According to economist Ziad Abdelnour, 70% of wealthy families in the United States lose their wealth in the second generation, and 90% lose capital in the third generation.

In order to save their clients’ money and their own business, global investment managers have been rebalancing investment portfolios throughout 2021 in an attempt to minimize the consequences of the COVID-19 epidemic and geopolitical shocks.

In 2022, the world faces larger-scale problems related to the conflict between Russia and Ukraine in Europe and tensions in the Middle East. Inflation, rising prices for gold, wheat, oil, palladium and other commodities, and general economic instability in many countries are forcing rich people to consider investing in cryptocurrencies.

Diverging views

Representatives of “old money” and “new money” tend to have different views on crypto assets. For example, Elon Musk said that apart from the stock in his own companies, Tesla and SpaceX, cryptocurrency is his only major personal investment. Many Millennial millionaires’ main assets are digital.

However, most millionaires of older generations continue to treat cryptocurrencies cautiously or even openly negatively. American billionaire investor and vice chairman of Berkshire Hathaway Charlie Munger said that Bitcoin is “disgusting and contrary to the interests of civilization.” Lloyd Blankfein, former senior chairman at Goldman Sachs, said that Bitcoin was not useful as a means of saving capital due to its volatility.

Nevertheless, many American asset managers have caved in to the pressure of the crypto industry. JPMorgan, Goldman Sachs and other large investment companies are already doing extensive research on crypto — mainly Bitcoin (BTC) and Ether (ETH) — and even predict changes in the value of cryptocurrencies.

Crypto enthusiasts with big money

The philosophy of decentralization that lies at the core of the cryptocurrency movement is consonant with many Millennial entrepreneurs’ worldviews. According to Wealth-X, in contrast to popular conceptions of wealth, most ultra-rich individuals across the globe (84%) are self-made, meaning that they have attained their success through education and hard work. Almost 90% of those with a general interest in crypto have created all their own wealth, with just 0.5% relying solely on inheritance.

Self-made wealthy individuals accustomed to taking risks are more open to the volatile nature of cryptocurrencies than most second- or third-generation wealthy “aristocrats.” The average age of the global wealthy population is just over 60, and the average age of wealthy individuals with a general interest in crypto is 53.7.

Speaking to Cointelegraph, Tim Frost, founder and CEO of digital wealth platform Yield App, said that, according to the company’s regular surveys of its client base, “The largest majority of users sit within the 25–45 age bracket, but Yield App has thousands of users aged 50 and above all over the world.”

A pronounced feature of crypto-focused millionaires is, according to Wealth-, their interest in technology and philanthropy.

It is the founders and executives of the technology sector, such as Musk and Tim Cook, who are global entrepreneurs of cryptocurrencies. They draw the attention of thousands of people around the world to this sector, thereby making it more liquid and attractive to investors, including the ultra-wealthy.

Futile denial

The resistance of representatives of old money and old methods of money management to crypto is gradually weakening. The crypto industry is dealing more and more blows to the once-thriving financial machine founded on stocks, bonds and real estate. Today, the futility of ignoring cryptocurrencies is becoming more and more obvious. The statements of Munger and Blankfein, even among like-minded peers, are becoming increasingly perceived as mere grumbling.

Swiss banks have an excellent reputation for being safe and anonymous. For centuries, the richest representatives of the global establishment used to choose the Swiss banking system as a place to store and manage their capital. The reliability of Swiss banks is often compared to the reliability of Swiss watches.

Carole Morgenthaler, a representative of Swiss private bank Lombard Odier, commented that the bank’s investment convictions are based on long-term growth and stability to ensure that the clients’ assets can grow and be passed down to future generations. She added, “Investing in cryptocurrencies does not currently have the required quality and guarantees.”

Despite such a cautious view of crypto assets, the bank is engaged with tech companies in the field of blockchain, specifically Taurus and Wecan Comply, and is “closely looking at the technology.”

The conservative world of Swiss banking might not be in a rush to embrace cryptocurrencies, but it is certainly watching the industry and striving to understand it.

Cryptocurrencies are not a magic investment pill suitable for all categories of investors. Yet in the near future, it will be possible to observe a certain convergence in the positions of crypto enthusiasts and crypto skeptics.

It will take quite a long time for the crypto asset market to become sufficiently “institutional” so that the most conservative investors, who traditionally prefer gold and real estate, start paying real attention to it. The market will have to become less speculative and volatile, getting rid of the main charges brought against it by investment ultraconservatives.

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Cryptocurrencies against the ‘silent thief.’ Can Bitcoin protect capital from inflation?

Rising inflation forces investors to look for defensive assets. What can the cryptocurrency market offer them?

The world is becoming increasingly volatile and uncertain. The assertion that “inflation is the silent thief” is becoming less relevant. In 2021, inflation has turned into a rather loud and brazen robber. Now, inflation is at its highest in the last forty years, already exceeding 5% in Europe and reaching 7.5% in the United States. The conflict between Russia and Ukraine affects futures for gold, wheat, oil, palladium and other commodities. High inflation in the U.S. and Europe has already become a real threat to the capital of tens of thousands of private investors around the world.

Last week at the Federal Open Market Committee (FOMC) meeting, Federal Reserve Chairman Jerome Powell said that he would recommend a cautious hike in interest rates. At the same time, Powell mentioned that he expected the crisis in Eastern Europe to not only result in increased prices on oil, gas and other commodities but boost inflation, too. Powell also explicitly reaffirmed his determination to raise the rate as high as necessary, even if it will cause a recession.

Crypto to the rescue

Many investors are looking for ways to protect their savings from inflation using cryptocurrencies.

Chad Steinglass, head of trading at CrossTower, is skeptical about cryptocurrencies as a defensive asset. Steinglass commented to Cointelegraph:

“It’s important to remember that crypto is still a young asset and trades more like a speculative asset than a defensive one.”

Indeed, cryptocurrencies differ from fiat currencies in their volatility. Even the most stable cryptocurrencies, Bitcoin (BTC) and Ether (ETH), which are of great interest to institutional investors, can rise and fall by tens of percent within a day.

Of course, there are more use cases for Bitcoin each day, and it already functions as a base layer for the emerging alternative financial system. In the longer term, this trend will develop which will not only increase the price of Bitcoin, but also result in a gradual decrease in its volatility.

To protect money from inflation, investors buy gold, cash or real estate. Speaking to Cointelegraph, Paolo Ardoino, chief technology officer at crypto exchange Bitfinex, compared Bitcoin to gold:

“Crypto and Bitcoin, in particular, have unique properties and are a form of digital gold. In particular, it has shown to perform well when money is being debased by central bank stimulus methods. This, of course, is one of the original intentions of Bitcoin — to protect people from this very phenomenon.”

Jeff Mei, director of global strategy at digital asset platform Huobi Global, also shares this opinion. Mei said that Bitcoin is a great hedge against inflation because there is only 21 million Bitcoin available once they’re all mined.

Derivatives or not

Investors often use derivatives in traditional financial markets to protect savings from inflation. Rachel Lin, co-founder and chief executive officer at trading platform SynFutures, said that by using derivatives such as longing Bitcoin futures, investors could get exposure to BTC with much less capital and limit potential losses.

But, Ardoino does not recommend that investors use crypto derivatives to this end. He thinks that direct exposure to Bitcoin, which he calls “the king of crypto,” is more advisable.

In addition to Bitcoin, Mei singles out Ether as one of the most stable digital assets. He opined to Cointelegraph that Ethereum’s competitors such as Polkadot (DOT), Terra (LUNA) and Solana (SOL) could be viewed as a store of value as well.

Lin pointed out that if investors are simply looking for a way to earn fixed income, they could convert their fiat to crypto and deposit it on some of the larger centralized finance (CeFi) platforms or blue-chip decentralized finance (DeFi) protocols. Potentially, this gets a much higher return than depositing cash in a bank.

Steinglass remains skeptical about comparing cryptocurrencies to the dollar in the current situation now that the conflict in Eastern Europe caused the USD to spike in value relative to many other currencies as people scramble for stability. For the moment, demand for dollars has outstripped the fear of inflation. Steinglass added:

“On one side, cryptocurrencies are an element of an alternative money system and store of value badly needed and on the other side, they remain a risk asset in a time when investors worldwide have been reducing risk.”

Is gold the answer?

None of the experts interviewed by Cointelegraph mentioned gold-backed stablecoins such as PAX Gold (PAXG) as their preferred defensive asset. Historically, however, gold has been a traditional tool used to protect capital during times of financial turbulence. Gold constantly increases in price over time. Throughout all of 2021, the price of gold sat between $1,700 and $1,950 per ounce. It went up further to $2,050 an ounce in 2022.

Institutional investors have been showing an increased interest in gold-backed stablecoins, but the same cannot be said about the younger generation of retail investors. Perhaps the main problem with gold-backed stablecoins as a hedge against inflation is not technology but ideology. For many crypto folks, both fiat currencies and assets like gold represent old values.

It is clear that in 2022 inflation will remain a threat to investor capital, and the crypto industry has yet to find its answer to the question of combating this “silent thief.”

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Bitcoin Capital AG launches two crypto ETPs on SIX Swiss Exchange

Bitcoin Capital's offerings on SIX Swiss Exchange continue to grow along with the market as a whole.

Bitcoin Capital AG released two new exchange-traded products on the SIX Swiss Exchange: the FiCAS Active Bitcoin ETP (BTCB) and FiCAS Active Ethereum ETP (ETHB), which are actively managed by FICAS AG.

Institutional investors, professional, and private investors in Switzerland, Liechtenstein, and the European Union (excluding Hungary) can now invest in the new offerings via their bank or broker just as they would with other listed financial assets such as equities or bonds.

"Our purpose is to grant investors safe and easy access to digital assets and are convinced that crypto assets will soon be part of the diversification strategy of many investment portfolios," says Dr. Luca Schenk, chairman of Bitcoin Capital AG. "The two new products with the most relevant cryptocurrencies as underlying may, through their active management, improve the overall portfolio risk by reducing underlying volatility."

Related: Swiss SIX Exchange Lists Actively Managed Bitcoin ETP

The expansion of Bitcoin Capital AG's new services is intended to appeal to a wider range of investors and comes at a time when interest in cryptocurrencies is growing. The price of Bitcoin (BTC) has risen to all-time highs recently, reaching $68,789.63, while Ether (ETH) is seeing greater attention as well.

Bitcoin Capital AG is a family office and FiCAS AG subsidiary based in Zug, Switzerland. In July, Bitcoin Capital AG introduced the actively managed Bitcoin ETP "Bitcoin Capital Active ETP" on the SIX Swiss Exchange. 

Related: Exchange-traded products abound, but crypto is still waiting for an ETF

An ETP is a derivative security that trades based on investment instruments such as a commodity, currency, share price, or interest rate, as opposed to crypto ETFs, which are 100% backed by the assets they are tracking.

Since the world's first crypto ETP was introduced on the Swiss SIX Exchange in late 2018, several crypto ETPs have been developed. Amun's Crypto Basket ETP (HODL), which tracks five major cryptos, was first listed in 2018. In Feb 2021, the exchange added a Polkadot ETP.

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Crypto Is a ‘Major Priority’ for Miami Mayor Building City Into Crypto Capital of the World

Crypto Is a ‘Major Priority’ for Miami Mayor Building City Into Crypto Capital of the WorldMiami Mayor Francis Suarez says that cryptocurrency is a “major priority” for him as he attempts to build his city into the crypto capital of the world. “I want us to differentiate ourselves as a crypto capital of the United States or of the world,” he said. ‘Major Priority’ — Miami Aims to Become Crypto […]

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2022 trial date set for Tether’s accused ‘shadow banker’ Reggie Fowler

Former NFL team owner and alleged “shadow bank” operator Reggie Fowler is not engaged in any plea negotiations and the trial against him is set to begin early next year.

A 2022 trial date has been set for former NFL team owner and alleged "shadow banker" Reggie Fowler.

Fowler is the accused operator of the shadow bank to the crypto sector, Crypto Capital which was at the center of controversy in the court case against IFinex Inc — the parent company of crypto exchange Bitfinex and stablecoin issuer Tether.

According to Aug.4 court documents, U.S. District Judge of the Southern District of New York, Andrew Carter has set a jury selection and trial date for Feb.14 2022, which is subject to change in light of future pandemic related restrictions.

U.S. prosecutors allege that Fowler provided unlicensed money-transmitting services to several crypto firms, along with bank fraud, and laundering funds on behalf of Columbian drug cartels.

A case against Bitfinex and Tether, in which IFinex was accused of commingling funds between the two firms to cover up an $850 million loss suffered by Bitfinex in its dealings with Crypto Capital, was settled in February of this year. The firms were ordered to pay $18.5 million worth of civil penalties and to shut down trading operations in New York.

Regulators scrutinizing Tether’s commercial paper reserves: Comptroller of the Currency

However, the case against Fowler is still ongoing after he rejected a guilty plea deal which would have left the former NFL investor on the hook for $371 million. The figure was reportedly based on the proceeds he generated from his alleged crimes.

U.S. federal attorney Audrey Strauss outlined in the documents that the “parties are not currently engaged in plea negotiations and do not anticipate resuming negotiations” meaning there is unlikely to be a settlement like in the instance of IFinex.

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