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US Federal Reserve denies Custodia Bank’s request for Fed supervision

The Federal Reserve Board has denied the request from crypto-focused Custodia Bank to reconsider its membership to the Federal Reserve System.

The United States Federal Reserve has denied a request from cryptocurrency bank Custodia Bank to reconsider its membership application to the Federal Reserve System.

The Fed announced its denial on Feb. 23 saying the Federal Reserve Board previously decided that Custodia’s application “was inconsistent with the required factors under the law.”

In January, the Fed rejected Custodia’s application to become a member. Board rules allow applicants to request a reconsideration of membership decisions.

At the time of the initial rejection, the Fed claimed Custodia had an “insufficient” management framework.

Related: IMF exec board endorses crypto policy framework, including no crypto as legal tender

It also cited a joint declaration it made alongside the Federal Deposit Insurance Corporation (FDIC) and Office of the Comptroller of the Currency (OCC) that claimed cryptocurrencies were “inconsistent with safe and sound banking practices.”

Custodia has said it wishes to join the Federal Reserve System so it can be regulated under the standards that apply to traditional banks and open a path for other crypto-banks that wish to be held to those same heightened standards.

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Russian Parliament Rejects Mining Bill Allowing Crypto Payments, Expects New Draft

Russian Parliament Rejects Mining Bill Allowing Crypto Payments, Expects New DraftThe lower house of Russian parliament, the State Duma, has voted against a piece of legislation designed to regulate cryptocurrency mining. While lawmakers turned down that proposal, which also aimed to legalize crypto payments in the country, another draft law on mining, which permits cross-border transactions with digital assets, is expected in the legislature in […]

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BREAKING: Grayscale launches legal challenge to Bitcoin spot ETF rejection

A similar decision was also made on Wednesday regarding Bitwise’s Bitcoin exchange-traded product (ETP) citing the same reasons.

Grayscale Investments has launched a legal challenge against the Securities and Exchange Commission (SEC) after being denied its application to convert its Grayscale Bitcoin Trust (GBTC) into a spot-based Bitcoin exchange-traded fund (ETF).

On June 29, it announced that its Senior Legal Strategist, former U.S. Solicitor General Donald B. Verrilli Jr. had filed a petition for review with the United States Court of Appeals for the District of Columbia Circuit.

Verrelli stated that the latest decision shows that the SEC is acting “arbitrarily and capriciously” by “failing to apply consistent treatment to similar investment vehicles” and will be pursuing a legal challenge based on the SEC’s alleged violation of the Administrative Procedure Act (APA) and Securities Exchange Act (SEA).

Grayscale Investments, which has $12.92 billion of assets under management in its GBTC had been waiting on a decision from the SEC to convert its flagship Bitcoin trust into a spot-based ETF since filing its application to the regulator on October 19, 2021.

According to a filing from the securities regulator on June 29, the application was disapproved “to protect investors and the public interest” because the proposal failed to demonstrate how it is “designed to prevent fraudulent and manipulative acts and practices.”

The decision came out a full week before the July 6 deadline and came on the same day as a similar rejection of Bitwise’s Bitcoin exchange-traded product (ETP).

Michael Sonnenshein, Grayscale’s CEO in a statement on Wednesday said they were “deeply disappointed” and “vehemently disagree” with the SEC’s decision to deny their application.

“We will continue to leverage the full resources of the firm to advocate for our investors and the equitable regulatory treatment of Bitcoin investment vehicles,” he said. 

Addressing his 19,400 Twitter followers, James Seyffart, an ETF analyst at Bloomberg Intelligence said while the lawsuit has been filed, a court ruling on the matter is not expected until 3Q 2023 to 1Q 2024, meaning that we may not see the GBTC going forward any time soon.

Grayscale had been gearing up its legal team for a potential spat with the SEC. Earlier this month, the firm hired Donald B. Verrilli Jr. a former U.S. Solicitor General to join its legal lineup. 

Other attorneys in Grayscale’s legal line-up include attorneys at Davis Polk & Wardwell LLP and its in-house counsel, including Craig Salm, who serves as chief legal officer.

Related: Grayscale reports 99% of SEC comment letters support spot Bitcoin ETF

In March, Grayscale CEO Michael Sonnenshein told Bloomberg that his firm would consider a lawsuit under the Administrative Procedure Act (APA) should the application for its Bitcoin Spot ETF be denied by the financial regulator.

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SEC Rejects Vaneck Bitcoin Spot Market ETF Over Price Manipulation Concerns

SEC Rejects Vaneck Bitcoin Spot Market ETF Over Price Manipulation ConcernsOn Friday, November 12, the U.S. Securities and Exchange Commission (SEC) rejected Vaneck’s bitcoin spot market exchange-traded fund (ETF). The U.S. regulator noted that the denial was due to the lack of prevention toward “fraudulent and manipulative acts and practices.” SEC Turns Down Spot Market ETF – US Regulator Believes There Should be More Manipulation […]

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