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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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Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

US Bitcoin reaches tentative settlement to reopen Niagara Falls mining facility

After a lengthy legal tussle, the company will have to pay various fees and fines and take extensive noise control measures.

Crypto miner US Bitcoin Corp has come to a tentative agreement with the City of Niagara Falls that will allow it to reopen its mining operation in that city, according to a local news report. A state supreme court judge ordered its plant closed in early March. The settlement still requires the approval of the city council.

State Supreme Court Justice Edward Pace ordered the plant’s closing after “weeks of contentious negotiations” between the city and US Bitcoin on the wording of the order. The order enforced a ruling another state supreme court judge to cease operations while the city sought an injunction to enforce new city ordinances affecting the plant.

Related: MIT Space Force major proposes Bitcoin mining as cybersecurity tool

Pace found US Bitcoin in contempt of court for ignoring the initial order and imposed fines retroactively to Dec. 9, when it was initially ordered to close. Those fines will total over $1 million, according to the report.

Now the company will have to pay $150,000 in fees to the city, $180,000 to reimburse legal costs and new application fees. In addition, US Bitcoin will have to take measures to reduce noise at the plant, including building a noise-dampening wall and submitting to third-party monitoring.

US Bitcoin is in the process of merging with Canadian miner Hut 8 in a deal announced in February. It also has facilities in Texas and Nebraska. According to its website, US Bitcoin uses approximately 90% “zero-emissions electricity” at its New York plant.

The state of New York imposed a two-year moratorium on new proof-of-work mining operations and licensing renewals for existing ones, unless they operate on 100% renewable energy. The state’s attorney general issued an investor alert warning of the risks of cryptocurrency investing in June.

Magazine: US enforcement agencies are turning up the heat on crypto-related crime

Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

NY AG sues KuCoin for selling securities and commodities without registration

New York Attorney General Letitia James said the suit is the first time a regulator has claimed Ether is a security in court.

New York state Attorney General Letitia James announced that she has filed suit against cryptocurrency exchange KuCoin after she was able to buy and sell crypto on the exchange, which is not registered in New York. “This action is one of the first times a regulator is claiming in court that ETH, one of the largest cryptocurrencies available, is a security,” according to her statement.  

The complaint, filed on March 9 in the Supreme Court of the State Of New York County of New York County, alleges that Seychelles-based KuCoin violated securities law when it “sold, offered to sell, purchased and offered to purchase cryptocurrencies that are commodities and securities” to New Yorkers without being registered with the attorney general’s office.

In addition, KuCoin is alleged to have issued and sold its KuCoin Earn product, which the complaint labels a security, without registering as a securities broker or dealer. Also, it alleges KuCoin misrepresented itself as an exchange, since it lacked registration for that function as well.

Related: Dutch central bank says KuCoin is not licensed and 'illegally offering services'

The suit stated that “under both state and federal authority, ETH, LUNA, and UST are commodities,” under the state’s Martin Act, and KuCoin filed to register as a commodities broker. The suit went on to say “ETH, LUNA, UST, and KuCoin Earn are each securities under Waldstein,” referring to test established by the New York Supreme Court of Albany County in 1936, as well as under the Howey test. Furthermore:

“The Howey test is applicable to the tokens as illustrated by recent federal authority.”

The suit specifically cites the SEC v. LBRY case to support that claim. It sought a permanent injunction against KuCoin “selling and buying securities and commodities to and from New Yorkers.” In addition, it asked the court to demand an accounting of all New Yorkers who have used the exchange and disgorgement of funds illegally obtained from New Yorkers.

This is James’s “eighth action to rein in shadowy cryptocurrency platforms,” according to her statement.

Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

New York state announces another upgrade to its virtual currency monitoring capacity

The New York State Department of Financial Services did not describe its new capacities, but said they will contribute to the detection of a variety of illegal activities.

The New York State Department of Financial Services (NYDFS) has announced enhancements to its ability to detect illegal activities with virtual currency among the entities its regulates. The new capacities are part of its efforts to keep pace with the industry and respond proactively to the virtual currency market, it said.

The NYDFS released a short statement on its new abilities on Feb. 21 that contained no specifics about the “new insider trading and market manipulation risk monitoring tools.” However, the statement promised:

“The new enhancements will provide the Department with additional capabilities to detect potential insider trading, market manipulation, and front-running activity associated with Department-regulated entities’ and applicants’ exposure or potential exposure to listed virtual currency wallet addresses.”

NYDFS superintendent Adrienne Harris said, “These tools will help us combat financial crime and fraud, hold regulated entities accountable, and further strengthen our national leadership in virtual currency supervision.”

Announcements of unspecified new technological abilities seem to be part of the NYDFS enforcement playbook. The agency announced “expedited procurement of additional blockchain analytics technology” last year as part of its enforcement of sanctions against Russian companies after that country’s invasion of Ukraine.

The agency also regularly issues guidance for the entities it regulates, advising banks on engaging with cryptocurrencies in December and claiming to be the first regulator to release guidelines for stablecoin issuance in June.

The NYDFS was recently instrumental in Blockchain infrastructure platform Paxos Trust’s decision to stop minting the Binance USD (BUSD) stablecoin after it opened a probe of the coin. Earlier this year, it extracted a $100 million settlement from Coinbase for allegedly keeping a backlog of 100,000 suspicious transaction alerts. In August, it reached an agreement with Robinhood Crypto for a $30 million penalty for anti-money laundering compliance issues.

Related: Binance withdrawals and BUSD redemptions surge post Paxos crackdown

In addition, the NYDFS is reportedly investigating Gemini’s Earn lending program.

New York state introduced its virtual currency BitLicense, well known for its strict requirements, in 2015. That licensing regime has been controversial, with even New York City mayor Eric Adams criticizing it as “stifling.”

Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

Law Decoded, Jan. 9-16: Gemini, Bithumb, Nexo are fresh targets for regulation and prosecution

While the FTX saga continues to make headlines, last week brought a plethora of new troubles for crypto companies in the United States, Europe and Asia.

The United States Securities and Exchange Commission charged cryptocurrency lending firm Genesis Global Capital and crypto exchange Gemini with selling unregistered securities through Gemini’s “Earn” program.

The Commodity Futures Trading Commission started the process of getting a default judgment in its case against Ooki DAO after the decentralized autonomous organization missed the deadline to respond to the lawsuit. It also filed suit against digital artist Avraham Eisenberg and charged him with two counts of market manipulation in connection with an exploit of the decentralized finance platform, Mango Markets.

In South Korea, tax agents raided the Seoul headquarters of cryptocurrency exchange Bithumb, looking for evidence of possible tax evasion. This development comes after former Bitchumb chair Lee Jung-Hoon was acquitted of $70 million in fraud charges. In the Bulgarian capital of Sofia, the offices of crypto lending firm Nexo were raided by police. They targeted a large-scale money laundering scheme and violations of Russia’s international sanctions.

While the FTX saga continues to make headlines, last week brought a plethora of new troubles for crypto companies in the United States, Europe and Asia. 

Voyager and Binance.​US deal given the green light 

There’s still a place for good news. Bankrupt crypto lender Voyager Digital has finally received initial court approval for its proposal to sell its assets to Binance.US for $1.02 billion. The approval comes amid a national security probe concerning Binance.US that Voyager seeks to speed up. The Voyager Official Committee of Unsecured Creditors — a body representing creditors with no security interests in Voyager — supported the transaction in its current form, noting the deal would result in greater recoveries for creditors than if Voyager liquidated its holdings itself.

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New York sued by environmental group after approval of crypto mining facility

In September 2022, the Public Service Commission of New York authorized the conversion of the Fortistar North power plant into a crypto-mining site. Now it faces a lawsuit, with the Clean Air Coalition of Western New York and the Sierra Club claiming that the Fortistar plant only operated during periods of high demand for electricity, such as extreme weather conditions. However, as a crypto mining plant, the site would run 24 hours a day, generating up to 3,000% more greenhouse gas emissions.

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All you need to know about the FTX from last week

As the investigation into FTX continues, the crypto exchange’s former engineering chief, Nishad Singh, followed former FTX and Alameda Research executives Gary Wang and Caroline Ellison by reportedly meeting with federal prosecutors to cut a deal

The former president of FTX US, Brett Harrison, has lashed out at Sam Bankman-Fried for manipulating and threatening colleagues who proposed solutions to reorganize FTX US’ management structure. Despite recalling Bankman-Fried to be a “sensitive and intellectually curious person” at first, Harrison said he saw “total insecurity and intransigence” in Bankman-Fried when confronted with conflict, particularly when Harrison suggested FTX US establish separate branches for its executive, developer and legal teams.

Meanwhile, FTX was approved to sell some of its assets to aid efforts to repay creditors. Judge John Dorsey has approved the sale of four key units of FTX, including the derivatives platform LedgerX, the stock-trading platform Embed and its regional arms, FTX Japan and FTX Europe.

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Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

New York sued by environmental group after approval of crypto mining facility: Report

The approval violates the New York climate law of 2019, plaintiffs claim. The facility was acquired by the Canadian crypto mining firm Digihost.

The New York Public Service Commission (PSC) was sued by environmental activists on Jan. 13 for approving the takeover of a cryptocurrency mining facility in the state.

According to The Guardian, the state Public Service Commission (PSC) is responsible for regulating public utilities, and authorized in September 2022 the conversion of the Fortistar North power plant into a crypto mining site.

The facility is located in Tonawanda, a city less than ten miles from Niagara Falls, and was set to be taken over by the Canadian crypto mining firm Digihost.

Plaintiffs claim that the approval violates New York's climate law of 2019. The Climate Leadership and Community Protection Act (CLCPA) sets the goal of reducing 85% in statewide emissions by 2050, and zero-emissions electricity by 2040, among other targets.

In the lawsuit, the Clean Air Coalition of Western New York and the Sierra Club are represented by the non-profit Earthjustice, claiming that the Fortistar plant was only operated during periods of high demand for electricity, such as extreme weather conditions. As a crypto mining plant, however, the site would be running 24 hours a day, generating up to 3,000% more greenhouse gas emissions.

Related: 1.5M houses could be powered by the energy Texas miners returned

Activists argue that the New York state must conduct environmental reviews when examining projects.

In October 2021, a letter from a group of local business requested the state to deny the power plant conversion to a crypto mining facility, claiming that:

“Proof-of-Work cryptocurrency mining uses enormous amounts of energy to power the computers needed to conduct business — should this activity expand in New York, it could drastically undermine New York’s climate goals established under the Climate Leadership and Community Protection Act.”

According to public filings, Digihost planned to convert the facility to renewable natural gas to reduce its environmental impact. The company also noted that the mining site was approved by the North Tonawanda planning commission, which performs environmental reviews before making decisions.

In August, Digihost also disclosed plans to move part of its mining rigs from New York to Alabama in an effort to lower energy costs, Cointelegraph reported.

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

Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

First US State where you can no longer mine crypto: Law Decoded, Nov. 21-28

New York governor Kathy Hochul signed the moratorium, prohibiting any new mining operations that aren’t based on 100% renewable energy.

The state of New York became the first one in the United States to impose a moratorium on proof-of-work (PoW) mining, albeit only for two years. Last week, New York governor Kathy Hochul signed the moratorium into a bill, prohibiting any new mining operations that aren’t based on 100% renewable energy. The renewal of licenses would also be frozen. In eight months, the anti-mining bill made its way from the first passing through the state Assembly to the governor’s pen. 

The statewide development seems unlucky for New York City mayor Eric Adams, who is focused on making the city a crypto hub. Commenting on the moratorium’s signing into law, Adams sounded more peaceful than he was in June when he promised to ask the governor of the state to veto the document. This time Adams pledged to work with the legislators “who are in support and those who have concerns” and come “to a great meeting place.”

At the end of the day, the state of New York remains perhaps the least welcoming place for crypto due to its regulatory regime: Not only do the miners have to get a fully renewable power source now, but the trading platforms are struggling since the hard-to-get BitLicense introduction in 2015. However, some officials believe the national crypto laws should look more like New York’s.

US senators urge Fidelity to reconsider its Bitcoin offerings

United States senators Elizabeth Warren, Tina Smith and Richard Durbin have renewed their calls for Fidelity Investments to reconsider offering a Bitcoin (BTC)-linked 401(k) retirement product. In a letter addressed to Fidelity Investments CEO Abigail Johnson, the three senators said the recent fall of FTX is more reason than any for the $4.5 trillion asset management firm to reconsider its Bitcoin offering to retirement savers. 

The senators also added that “charismatic wunderkinds, opportunistic fraudsters, and self-proclaimed investment advisors” have played a huge role in manipulating the price of Bitcoin, which in turn has impacted 401(k) retirement savings holders who have invested in Fidelity’s Bitcoin product.

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The Reserve Bank of India to launch a retail CBDC pilot in December

The Reserve Bank of India (RBI) is in the final stage of preparing the rollout of the retail digital rupee pilot. Each bank participating in the trial will test the central bank digital currency (CBDC) among 10,000 to 50,000 users. To integrate the new payment option, the banks will collaborate with PayNearby and Bankit platforms. 

The CBDC infrastructure will be held by the National Payments Corporation of India (NPCI). Reportedly, at some point, the pilot is going to include all the commercial banks in the country. Earlier the RBI launched the wholesale segment pilot for the digital rupee, with the main use case being the settlement of secondary market transactions in government securities.

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Tornado Cash developer to stay detained until next year’s hearing

A Dutch court hearing ruled that the Tornado Cash developer Alexey Pertsev would be held for another three months as the investigation continues. The prosecution outlined a broad overview of its investigation, painting Pertsev as a central figure in Tornado Cash’s operation before Advocate WK Cheng delivered his first defensive argument. The advocate confirmed that the first session has been postponed to Feb. 20, 2023, and reiterated his belief that the state had presented a one-sided interpretation of Pertsev’s involvement with Tornado Cash. 

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Turkey seizes FTX assets amid the ongoing investigation

Turkey’s Financial Crimes Investigation Board (MASAK) has seized assets belonging to Sam Bankman-Fried after launching an investigation into FTX’s affairs in the country. The Turkish investigatory body found that FTX TR failed to safely store user funds, embezzled customer funds through shady transactions, and manipulated supply and demand in the market by having customers buy and sell listed cryptocurrencies that were not backed by actual cryptocurrency holdings.

As a result of these findings, MASAK seized Bankman-Fried’s and affiliates’ assets after finding strong “criminal suspicion” on the above-mentioned points. A LinkedIn post from FTX TR noted that the exchange had over 110,000 users and processed an average monthly transaction volume of $500 million–$600 million since the launch of its mobile application earlier in 2022.

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Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

New York AG pushes prohibition of crypto purchases via retirement funds

The NYAG clarified that digital assets differ from blockchain technology, and it has no issues with citizens purchasing stakes in publicly traded blockchain-based businesses in retirement accounts.

The turmoil surrounding crypto exchange FTX and Sam Bankman-Fried (SBF) reaffirmed regulators’ belief about the need for stricter oversight across the crypto ecosystem. Seeking investor protection against a similar fallout, New York Attorney General (NYAG) Letitia James recommended prohibiting crypto investments in defined contribution plans and individual retirement accounts (IRAs).

In a letter addressed to the members of the U.S. Congress, James requested legislation that would bar U.S. citizens from purchasing cryptocurrencies and digital assets using their funds in IRAs and defined contribution plans such as 401(k) and 457 plans. However, a survey from October 2022 showed that nearly 50% of U.S.-based investors want to see crypto become a part of their 401(k) retirement plans.

James further pitched the rejection of two acts — the recently proposed Retirement Savings Modernization Act and the Financial Freedom Act of 2022 — that are aimed at allowing investments in digital assets. While highlighting SBF’s involvement in running a Ponzi Scheme and misappropriating users’ funds, James jotted down four primary reasons explaining her call to exclude digital assets from IRAs and defined contribution plans, as explained below.

First and foremost, the NYAG pointed out the importance of protecting retirement savings in the long term. Secondly, she highlighted Congress' historical obligation to protect the retirement funds of U.S. citizens. James used narratives including frauds and lack of sufficient guardrails as her third reason to prohibit crypto investments. The final concern was around the volatility and custodial and valuation uncertainties.

On the other hand, the NYAG clarified that there is a distinction between digital assets and blockchain technology. She does believe that U.S. citizens should be allowed to purchase stakes in publicly traded blockchain-based businesses in retirement accounts.

Key considerations by NYAG for the prohibition of crypto investments via retirement funds. Source: ag.ny.gov (collated by Cointelegraph)

An immediate measure in this regard would be adding subparagraphs to existing laws — 26 U.S. Code § 408: Individual retirement accounts and 29 U.S. Code § 1104: Fiduciary duties — for prohibiting digital assets investments.

Related: US Senate committee schedules FTX hearing for Dec. 1, CFTC head to testify

United States senators Elizabeth Warren, Tina Smith and Richard Durbin requested Fidelity Investments reconsider its Bitcoin (BTC) offering to retirement savers, stating:

“The recent implosion of FTX, a cryptocurrency exchange, has made it abundantly clear the digital asset industry has serious problems.”

A Fidelity spokesperson told Cointelegraph that the company "has always prioritized operational excellence and customer protection."

Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

US national crypto laws should look like New York’s, says state regulator

The superintendent of the New York Department of Financial Services highlighted her state’s stringent standards as the blueprint for federal legislation.

The superintendent of the New York Department of Financial Services (DFS) joined a nationwide regulatory discussion in the aftermath of the FTX collapse with a fresh take. Adrienne Harris believes that any federal crypto legislation to come should not override state regulatory regimes. 

During her speech under the headline “Digital asset regulation: The state perspective”, Harris proposed that lawmakers in Washington take a closer look at the New York state regulatory regime:

“We would like for there to be a framework nationally that looks like what New York has, because I think it is proving itself to be a very robust and sustainable regime.”

There is a need for more, not less regulation though, Harris added. She highlighted the extensive registration process in New York, which includes the assessment of the company’s organizational structure, the fitness of its executives, financial statements, and Anti-Money Laundering and Know Your Customer regimes as the guarantor of investors’ financial safety. 

Related: New York Fed collaborates with Singapore MAS to explore CBDCs

During the same panel, Harris's colleague, NYDFS virtual currency chief Peter Marton, reminded the public that FTX has never been granted a BitLicense to operate in the state.

Introduced in 2015, the New York state BitLicense is notoriously difficult to obtain and drew harsh criticism even from New York City Mayor Eric Adams, who has been planning to make NYC the “center of the cryptocurrency industry” for a while.

In June 2022, the DFS released regulatory guidance for U.S. dollar-backed stablecoins. Per the framework, a stablecoin must be fully backed by reserves as of the end of every business day and the issuer must have a redemption policy approved in advance by the DFS that gives the holder the right to redeem the stablecoin for U.S. dollars.

Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ

New York state releases guidance for issuing dollar-backed stablecoins

The NY State Department of Financial Services, notorious for its strictness, claims to be the first regulator in the country to impose requirements of the type.

The New York State Department of Financial Services (DFS) on Wednesday released regulatory guidance for U.S. dollar-backed stablecoins issued by DFS-regulated entities. According to a DFS statement, it is the first regulator in the United States to impose such expectations on a stablecoin issuer.

The requirements in the guidance concern redeemability, reserves and attestation. They state that a stablecoin must be fully backed by reserves as of the end of every business day and the issuer must have a redemption policy approved in advance in writing by the DFS that gives the holder the right to redeem the stablecoin for U.S. dollars.

Furthermore, the issuer’s reserves must be segregated from its proprietary assets and consist of U.S. Treasury instruments or deposits at state or federally chartered institutions. The reserve must be subjected to monthly examination by a certified public accountant.

Related: Do you have the right to redeem your stablecoin?

The guidance applies only to issuers regulated by the DFS and limited purpose trust charter holders operating in the state. At present, they are the Paxos Trust Company, issuer of the Pax Dollar (USDP) and Binance USD (BUSD); Gemini Trust Company, issuer of the Gemini Dollar (GUSD); and GMO-Z.com Trust Company, issuer of the Zytara Dollar (ZUSD). The guidance does not apply to other stablecoins that may be listed by DFS-regulated entities.

The New York state BitLicense, as the DFS license is known, is notoriously difficult to obtain and has come under criticism from New York City Mayor Eric Adams. Some crypto firms moved out of the state when it was introduced in 2015. The DFS intends to triple the size of its virtual currency team this year as part of its program to “address delays in regulatory processes and ensure operational excellence across the Virtual Currency unit.”

Five Alleged Scammers Federally Charged With Running Crypto Phishing Scheme by DOJ