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Crypto will be regulated as securities — ICE boss and Senator Warren

Senator Elizabeth Warren’s bill seeks to hand control to the SEC, imposing new obligations on centralized crypto firms, something Jeffrey Sprecher thinks will be good for crypto.

Most cryptocurrencies are likely to be regulated as securities in the United States according to the CEO of Intercontinental Exchange Inc (ICE), Jeffrey Sprecher, and Senator Elizabeth Warren.

The renewed focus on regulating cryptocurrencies as securities comes in light of FTX’s recent implosion, which wiped countless billions from the market, put consumer funds in limbo and soured crypto’s reputation among regulators and officials.

Speaking on Dec. 6 at the financial services conference by Goldman Sachs Group Inc, Sprecher — whose ICE operates the New York Stock Exchange — confidently stated crypto assets are “going to be regulated and dealt like securities."

He argued this will ultimately result in far greater consumer protections and regulatory oversight of centralized exchanges and brokers:

"What does that mean? It means more transparency, it means segregated client funds, the role of the broker as a broker-dealer will be overseeing and the exchanges will be separated from the brokers. The settlement and clearing will be separated from the exchanges."

Sprecher also argued new regulation was not necessarily required for crypto as the legal frameworks are already there in terms of securities and they are “just going to be implemented more strongly."

Senator Warren wants to crack the whip

Crypto skeptic Senator Elizabeth Warren is working on a crypto bill that would reportedly give the Gary Gensler-led Securities and Exchange Commission (SEC) most of the regulatory authority over the crypto space.

According to a Dec. 7 report from online news outlet Semafor, which cited two unnamed sources close to the matter, Warren’s crypto bill is still in its early stages but aims to cover a host of issues including taxation, regulation, national security and climate.

Warren is said to be looking to impose regulatory obligations such as audited financial statements and bank-like capital requirements in particular.

While specific details on the bill weren’t disclosed, Alex Sarabia, a spokesperson for Warren confirmed with Semafor the senator is looking toward the SEC.

“She’s working on crypto legislation and believes that financial regulators, including the SEC, have broad existing authority to crack down on crypto fraud and illegal money laundering,” Sarabia said.

There has been a long-running debate amongst regulators on which crypto assets should fall under the category of a commodity or a security, with Bitcoin (BTC) being the only asset to unanimously be seen as a commodity due to its truly decentralized nature.

Related: US CFTC commissioner calls for new category to protect small investors from crypto

Ether (ETH) has also been discussed as a commodity at times but with far more pushback. Notably, Commodity Futures Trading Commission (CFTC) chief, Rostin Behnam, recently backtracked on his view of ETH being a commodity while speaking at an invite-only crypto event at Princeton University. He now believes on Bitcoin holds that status.

Over in the crypto world, MicroStrategy founder and Bitcoin maximalist Michael Saylor has gone one step further by essentially calling for all crypto assets that aren't BTC to be shut down, as he argued they are “committing securities fraud.”

During a Dec. 6 appearance on the PDB Podcast, Saylor reiterated his opinion that assets such as Ripple (XRP), ETH and Solana (SOL) are all unregistered securities as they were issued and controlled by centralized entities.

Painting a scenario he would like to see, the fervent BTC maxi noted “the best thing for the world would be for the SEC to shut down all of it.”

Twitter users have, of course, mocked him for making such comments:

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Grayscale cites security concerns for withholding on-chain proof of reserves

Grayscale shared a letter from Coinbase Custody attesting that each of Grayscale’s crypto products is fully backed, but stopped short of providing the wallet addresses.

Cryptocurrency investment product provider Grayscale Investments has refused to provide on-chain proof of reserves or wallet addresses to show the underlying assets of its digital currency products citing “security concerns.”

In a Nov. 18 Twitter thread addressing investor concerns, Grayscale laid out information regarding the security and storage of its crypto holdings and said all crypto underlying its investment products are stored with Coinbase’s custody service, stopping short of revealing the wallet addresses.

“We know the preceding point in particular will be a disappointment to some,” Grayscale added, “but panic sparked by others is not a good enough reason to circumvent complex security arrangements that have kept our investors’ assets safe for years.”

The move by Grayscale comes as pressure mounts on crypto business to introduce proof of reserves in the wake of FTX’s liquidity issues and subsequent bankruptcy.

Some Twitter users hit out at Grayscale’s view that security concerns surrounded its decision to withhold its wallet addresses, with one commenting the addresses of Bitcoin (BTC) inventor Satoshi Nakamoto are well known and are of higher value to attackers, “yet Satoshi's Bitcoin remains secure.”

Grayscale shared a letter co-signed by Coinbase CFO, Alesia Haas, and Coinbase Custody CEO, Aaron Schnarch, that broke down Grayscale’s holdings by its investment products and reaffirmed the assets “are secure”, that each product has its “own on-chain addresses” and the crypto always belongs “to the applicable Grayscale product.”

Grayscale added that each of its products is set up as a separate legal entity and “laws, regulations, and documents [...] prohibit the digital assets underlying the products from being lent, borrowed, or otherwise encumbered.”

Related: Nickel Digital, Metaplex and others continue to feel the impact of FTX collapse

Grayscale is known for its Grayscale Bitcoin Trust (GBTC), a security tracking the price of Bitcoin, it also has products tracking the price of other cryptocurrencies such as Ether (ETH) and Solana (SOL).

Investor concerns come as Genesis Global, serving as the liquidity provider for GBTC announced on Nov. 16 that it had halted withdrawals citing “unprecedented market turmoil” resulting in significant withdrawals from its platform that exceeded its current liquidity.

Genesis is a part of the crypto-focused venture capital company Digital Currency Group (DCG) which also owns Grayscale. GBTC is trading at a discount of nearly 43% compared to its net asset value in part due to investor speculation on GBTC’s exposure to Genesis.

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Judge Dismisses Lawsuit Against Binance for Allegedly Selling Unregistered Crypto Securities

Judge Dismisses Lawsuit Against Binance for Allegedly Selling Unregistered Crypto SecuritiesA lawsuit against Binance accusing the cryptocurrency exchange of selling unregistered crypto securities has been dismissed. The plaintiffs listed nine cryptocurrencies in the lawsuit. Binance’s Lawsuit Dismissed U.S. District Judge Andrew Carter dismissed a lawsuit against cryptocurrency exchange Binance Thursday. The motion to dismiss was filed by Binance and CEO Changpeng Zhao (CZ). The lawsuit […]

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Binance wins dismissal of class action over 2018 tokens that tanked

The judge ruled domestic law doesn’t apply to Binance as it is not an exchange domestic to the U.S. and that the case was filed “too late”.

A federal judge has dismissed a class action complaint asserting Binance violated U.S. securities laws by not registering as a broker-dealer or exchange, and sold crypto tokens which were not registered with the U.S. Securities and Exchange Commission (SEC).

The original complaint filed in the U.S. District Court for the Southern District of New York was brought by a group of investors who say they invested in the tokens EOS, BNT, SNT, QSP, KNC, TRX, FUN, ICX, OMG, LEND, ELF, and CVC around 2017 and 2018. An amended complaint was filed, only listing nine tokens, with BNT, SMT, and CVC removed.

The investors said the tokens had lost much of their value since purchasing, and were seeking compensation for the price paid for the tokens and the fees paid to Binance in connection with their purchases.

“Binance and the Issuers wrongfully engaged in millions of transactions, including the solicitation, offer, and sale of securities, without registering the Tokens as securities, and without Binance registering with the SEC as an exchange or broker-dealer. As a result, investors were not informed of the significant risks inherent in these investments, as federal and state securities laws require.”

The investors further claimed that Binance capitalized on the enthusiasm brought on by cryptocurrencies, marketing tokens and initial coin offerings (ICOs) on behalf of projects, and profited off the associated trading fees, and added they “purchased the tokens with a reasonable expectation of profit from owning them”.

In his decision on Thursday, March 31st, Judge Andrew L. Carter said that as the investors waited more than a year after purchasing the tokens to file the complaint, they had sued too late. Most of the tokens were purchased in 2018 and the original filing wasn’t until April 2020.

The investors argued that as the SEC published a framework asserting digital tokens were securities in April 2020, that the timeline for complaint submission should have started then, but Carter found that the relevant laws apply when the supposed violation occurs, not when it is detected.

Judge Carter also said that domestic securities laws are not applicable to Binance, as it is not a domestic exchange in the U.S., being headquartered in the Cayman Islands. Binance does use Amazon Web Services to host its infrastructure andthat is based in the U.S., but that isn’t enough to consider Binance as a domestic exchange.

Related: Voyager ordered by New Jersey to 'cease and desist’

"Plaintiffs must allege more than stating that plaintiffs bought tokens while located in the U.S. and that title passed in whole or in part over servers located in California that host Binance's website," Carter wrote in the motion.

This isn’t the only class action lawsuit filed against a crypto exchange on such grounds. On March 11, a suit was filed against Coinbase in the same court, alleging it's operating as an unregistered securities exchange. Similar arguments are being directed at Coinbase, with plaintiffs saying they were not warned of the risks of cryptocurrency investments.

Binance did not immediately respond to Cointelegraph’s request for comment.

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Coinbase Sued for Allegedly Selling 79 Unregistered Crypto Securities — Including XRP, Dogecoin, Shiba Inu

Coinbase Sued for Allegedly Selling 79 Unregistered Crypto Securities — Including XRP, Dogecoin, Shiba InuA class-action lawsuit has been filed against the Nasdaq-listed cryptocurrency exchange Coinbase alleging that the platform lets customers trade 79 cryptocurrencies that are unregistered securities, including XRP, dogecoin (DOGE), and shiba inu (SHIB). Lawsuit Claims Coinbase Sold 79 Unregistered Crypto Securities to Customers A class-action lawsuit was filed last week against Coinbase Global Inc., Coinbase […]

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SEC Charges Token Listing Website With Unlawfully Touting Crypto Securities

SEC Charges Token Listing Website With Unlawfully Touting Crypto SecuritiesThe U.S. Securities and Exchange Commission (SEC) has charged a token listing website with unlawfully touting crypto securities. The site did not disclose that it was paid by the token issuers to profile their coin offerings. SEC Charges Website Touting Security Tokens Without Clarifying Which Tokens Are Securities The U.S. SEC announced Wednesday that a […]

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New SEC Chairman Unveils Policies for Cryptocurrencies, Calls Bitcoin ‘Scarce Store of Value’

New SEC Chairman Unveils Policies for Cryptocurrencies, Calls Bitcoin ‘Scarce Store of Value’The new chairman of the U.S. Securities and Exchange Commission (SEC), Gary Gensler, has shared his view on how the SEC plans to regulate cryptocurrencies, particularly bitcoin. He calls bitcoin “a digital, scarce store of value” and stresses the need to put in place some investor protections for this asset class. New SEC Chairman Talks […]

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