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US investors realized 6X more crypto gains in 2021 than next country

Crypto investors from the United States realized nearly $47 billion in gains during 2021, outpacing the UK by a factor of six.

Crypto investors from the United States realized crypto gains nearly six times higher in total than the UK, the second highest country in terms of realized gains. 

According to a report by Chainalysis, crypto investors in the US accrued a record $46.9 billion in realized gains throughout 2021, leading the rest of the world by a wide margin. The US is followed at quite some distance by the UK at $8.1 billion and Germany on $5.8 billion.

Total realized cryptocurrency gains 2021: Chainalysis.

The report comes as global cryptocurrency adoption continues to gain widespread traction. The US witnessed a massive increase in adoption and realized gains, with the total estimated gains for 2021 up 476% from $8.1 billion the year before.

Special mentions were given to countries that outperformed their “traditional” economic rankings. Despite Turkey being globally ranked as number 11 by GDP, the country was ranked at number six when it came to realized crypto gains.

China was one of the only large nations that did not see the same massive gains as other countries. In 2021, China’s total estimated realized cryptocurrency gains stood at $5.1 billion, up from $1.7 billion in 2020, which equates to year-over-year growth rate of 194%. However, this is still impressive growth considering the extensive crypto bans that were progressively enacted in China in 2021.

China's result pales however besides other countries such as the UK and Germany which saw a respective 431% and a 423% increase last year.

Related: What is driving institutions to invest in crypto? BlockFi's David Olsson explains

Another notable trend was the increase in total gains from Ethereum (ETH), which saw ETH investors around the world cash out a total $76.3 billion, beating out Bitcoin (BTC) as the highest realized earnings crypto asset in 2021. Bitcoin inventors still performed well however, with the global crypto investing community securing $74.7 billion in gains throughout 2021.

Crypto whale liquidated for $308M in leveraged Ether trade

Fitting the bill: US Congress eyes e-cash as an alternative to CBDC

From fiat banknotes to fractional reserve banking, the notion of what constitutes money in the U.S. has changed over time. But is the time right for e-cash?

On March 11, United States President Joe Biden issued an executive order in which he encouraged the Federal Reserve to continue research on a prospective U.S. central bank digital currency, or CBDC.

The order emphasized that the market capitalization of digital assets had surpassed $3 trillion in November — with Bitcoin (BTC) representing more than half of the total value of all cryptocurrency and peaking at over $60,000 — up from just $14 billion five years prior. For comparison’s sake, the U.S. money supply (M1) in the same month was $20.345 trillion.

Stephen Lynch, a member of Congress who chairs the Task Force on Financial Technology, introduced the Electronic Currency and Secure Hardware Act on March 28, which would develop “an electronic version of the U.S. Dollar for use by the American public.” How does this project fit into the existing U.S. CBDC frameworks?

Is Lynch’s e-cash a CBDC or not?

Curiously, the specialists tasked with authoring the concept claim it isn’t a true CBDC because it would be issued by the U.S. Treasury rather than the U.S. Federal Reserve, the central bank system.

Rohan Grey, an assistant law professor at Willamette University’s College of Law who helped draft Lynch’s bill, said in an interview that the Fed doesn’t have the statutory authority to create a CBDC or the capacity to maintain the retail accounts that would be required for it. Instead, he described the digital dollar as something replicating the privacy, anonymity and transactional freedom reflecting the properties of physical cash.

He noted that it would neither use a centralized ledger (like most proposed CBDCs) nor a distributed ledger (like crypto) and maintain its security and integrity through its hardware. According to Grey, beyond that, giving the Fed the power to conduct the electronic surveillance of digital currency isn’t a good idea because of the potential for infringing on users’ privacy. He positioned e-cash as a third alternative beyond account-based CBDCs and crypto, which addresses concerns related to privacy and surveillance.

Isn’t online banking enough?

Last summer, crypto critic Senator Elizabeth Warren argued that there was no need for digital money because U.S. money is already accessed digitally. Lynch’s proposal reflects a different perspective in the Democratic party. What attracts him?

In Europe, China and other parts of the world, it’s common to transfer money via online apps or with debit card payments. While these exist in the U.S., they complement an older “legacy” system of paper checks. While the use of personal paper checks by individuals has declined significantly over the past 20 years, the U.S. government and U.S. businesses still use them to send money.

This makes things difficult for the millions of adults who are “unbanked” or “underbanked”: those who lack a bank account and commonly rely on check-cashing services, which charge high rates. Many consider these extra expenses too high or disproportionately high, given that these services are considered the most essential by the least economically resilient segment of the population. Many U.S. politicians are worried about economic inequality issues, especially since the 2008 financial crisis and more recently in the wake of the 2020 riots.

Additionally, when Americans use credit cards or digital platforms to make payments, retailers must pay third-party fees, which adversely affects the cash-based economies of poorer and immigrant-dominated communities. Small businesses, landlords and individuals providing services often must rely on paper checks.

Sending paper checks also involves unacceptable lag times involved in their transfer, receipt and processing. The number of banks in the U.S. is in the thousands, while in Canada, just five account for most residents. This means that bank-to-bank transfer costs associated with sending money are essentially unavoidable.

Normally, the U.S. Bureau of Engraving and Printing (which is under the Department of the Treasury) prints banknotes that are then circulated by the U.S. Federal Reserve. All U.S. banknotes are called Federal Reserve Notes. The proposed digital money would also enter circulation under the Department of the Treasury, but it’s unclear what role the Federal Reserve would play. The proposed money would be introduced on an experimental basis, so there would likely be a cap on the issuance, ensuring that it wouldn’t have much of an effect on M1.

The Fed’s take

While the Treasury is under the purview of the executive branch of the government, the Federal Reserve has some degree of independence. Federal Reserve Chair Jerome Powell is the chairman of the board of governors, who are appointed by the president and confirmed by the Senate much like judges, except that judges may be appointed for life while a Fed governor holds their position for 14 years.

After the Fed issued its own white paper on the issuance of a CBDC in January, not all of the governors were keen on the idea. Powell argued last summer for caution and looked to Congress for new legislation regarding a CBDC.

One of the Fed governors, Randal Quarles — vice chair for supervision — called the benefits of a CBDC “unclear” last year and the risks “significant and concrete.”

“Bitcoin and its ilk will, accordingly, almost certainly remain a risky and speculative investment rather than a revolutionary means of payment, and they are therefore highly unlikely to affect the role of the U.S. dollar or require a response with a CBDC,” Quarles said in an address to the Utah Bankers Association, later clarifying that this was his opinion rather than that of the Fed itself.

Interestingly, Powell’s approach to regulating stablecoins was more proactive.

“We have a pretty strong regulatory framework around bank deposits, for example, or money market funds. That doesn’t exist really for stablecoins,” Powell said in a congressional hearing last July. “If they are going to be a significant part of the payments universe — which we don’t think crypto assets will be, but stablecoins might be — then we need an appropriate regulatory framework, which, frankly, we don’t have.”

On March 31, Representative Trey Hollingsworth and Senator Bill Hagerty proposed the Stablecoin Transparency Act, which would require stablecoins “to be backed by government securities with maturities less than 12 months or domestic dollars while requiring stablecoin issuers to publicly release audited reports of reserves executed by third-party auditors,” according to a financial services newsletter.

All debts, public and private

One key difference between prospective e-cash and the U.S. dollar is that the latter is universally accepted. If e-cash mirrors the price of the dollar, a lot of people simply won’t take it, preferring to get old-fashioned USD. Historically, such pegs have left central banks at the mercy of speculators.

During the American Civil War, U.S. fiat currency faced its first hurdle when people flatly preferred gold and silver coins to printed money, resulting in price fluctuations. Eventually, the U.S. returned to gold and silver coinage.

Over a century later, the French government under Charles de Gaulle succeeded in breaking the fixed $35-per-ounce exchange rate between U.S. dollars and gold established at Bretton Woods in the aftermath of World War II, and in the 1990s, billionaire investor George Soros “broke the Bank of England” by betting big on the United Kingdom’s inability to maintain Sterling’s peg to European currencies in the lead-up to the introduction of the euro.

This partly helps explain why legislators advocating e-cash are so interested in making it as much like existing U.S. money in circulation as possible.

Apples and oranges

The wide-scale use of e-cash could necessitate a complete shift in the nature of financial regulation in the U.S. if it gets approval and passes the experimental stage. Importantly, it would sidestep the need for traditional retail banking, making the storage and transfer of funds a public service rather than a fee-based service. Federal monetary policy was built around the management of the economy through commercial banks, which helps to explain the hesitancy of certain central bankers like Quarles.

A lot has to do with the volume of e-cash being generated. Central bankers do have one good point: Stablecoins have enhanced the transactional value of crypto for those whose primary interest is in sending cash rather than investing. Legislators have much to lose and little to gain if they risk introducing a national e-currency that doesn’t work, especially in an inflationary economy.

Crypto whale liquidated for $308M in leveraged Ether trade

Texas regulators order virtual casino to stop selling NFTs

The State Security Board considers the sale of 11,111 NFTs a “high-tech fraudulent securities offering.”

A virtual, Cyprus-registered casino Sand Vegas Casino Club faced an emergency cease and desist order from Texas and Alabama state securities regulators. The company is ordered to “stop a fraudulent investment scheme tied to metaverses”. 

On April 13, the Texas State Securities Board reported issuing the order, accusing Sand Vegas Casino Club, Martin Schwarzberger and Finn Ruben Warnke of illegally offering nonfungible tokens (NFTs) to fund the development of virtual casinos in metaverses.

Allegedly, Sand Vegas offered 11,111 NFTs to raise funds for its metaverse casinos. The firm offered those who purchased Gambler NFTs and Golden Gambler NFTs a share of the future casino’s profits. By Sand Vegas' projections, owners of Gambler NFTs could expect profits between $1,224 and $24,480 per NFT annually, and Golden Gambler NFTs holders would earn between $6,480 and $81,000 per NFT over the same period.

By April 9, the listing price for Gambler NFTs was between 0.23 ETH (around $744.38) and 777.77 ETH ($2.5 million), while the listing price for Golden Gambler NFTs was between 2.13 ETH ($6,793) and 169 ETH ($547,000).

According to the order, the respondents claimed their NFT offerings were not securities and thus did not fall under securities laws. The document specified:

“The Respondents are also devising a scheme to obstruct any attempt to regulate the Gambler NFTs and Golden Gambler NFTs [...] They are misleading purchasers by claiming they can simply avoid securities regulation by implementing illusory features or using different terminology.”

Related: SEC investigating NFT market over potential securities violations

Sand Vegas is not registered to sell securities in Texas and Alabama, and hence it is not allowed to proceed with its NFT sales. It appears that the Texan regulators’ initiative could kick off a larger trend as well. As Joe Rotunda, enforcement director at the Texas State Securities Board, has told journalists, his agency is coordinating across state lines to investigate similar offerings and plan enforcement actions in the “hot area” of NFTs.

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Unhosted is unwelcome: EU’s attack on noncustodial wallets is part of a larger trend

Regulators on both sides of the Atlantic seem to be nervous about people transacting with their wallets.

Last week, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted in favor of a regulatory update that could compromise the exchange platforms’ ability to deal with noncustodial crypto wallets. Should the regulatory project make it to the legislation phase in the upcoming months, it would place severe disclosure requirements on transactions between noncustodial wallets and crypto exchanges in the European Union — a process whose signs are visible in other parts of the globe as well.

What happened

On Thursday, March 31, ECON and LIBE members voted on the Anti-Money Laundering (AML) regulatory package, which seeks to revise the current Transfer of Funds Regulation (TFR).

The revised version of the TFR brings several legal threats to “unhosted,” or self-custodied, wallets. It would require crypto service providers to “verify the accuracy of [the] information concerning the originator or beneficiary behind the unhosted wallet” for every transaction made between a service provider (typically, a crypto exchange) and an unhosted wallet.

It can be difficult, if not impossible, for crypto service providers to verify each “unhosted” counterpart. Hence, as crypto advocate Patrick Hansen from blockchain firm Unstoppable DeFi warned, to stay compliant and not compromise their legal position in the European market, some companies might want to block transactions with self-custodied wallets altogether if they face such surveillance and disclosure requirements. Smaller companies might find the potential costs of compliance too high and leave the market to established players, which would lead to further market centralization.

The legislation would also oblige crypto companies to inform “competent AML authorities” ‘of any transfer worth 1,000 euros (about $1,010) or more made to or from an “unhosted” wallet, a surveillance threshold that is even lower than that of fiat banking operations.

The next step for the legislation is the announcement at the plenary session of the EU Parliament, which, according to Hansen, could take place sometime in April. Should it remain unchallenged there, the legislation will make its way to the trialogue negotiations between the European Parliament, the European Commission and the Council of Europe. These negotiations could take months, but their conclusion will mark the draft becoming law. After that, the crypto industry would have from nine to 18 months to come in full compliance with the legislation.

A part of a larger trend

With its increased activity on the crypto regulation front, the European Union isn’t alone in its suspicion of noncustodial wallets. Apart from the local initiatives to impose tighter scrutiny on every crypto transaction, for example, in the Netherlands and Switzerland, U.S. regulators have set their sights on noncustodial wallets in recent years.

In 2020, the U.S. Financial Crimes Enforcement Network (FinCEN) proposed a rule that would synchronize the recording and record-keeping requirements for digital assets to those of fiat transfer funds. In the proposed framework, any transactions to or from “unhosted” wallets exceeding $10,000 would require banks and money service businesses to verify the identity of the customer (including name and physical address) and to file this information with FinCEN.

Following this, in 2021, the international Financial Action Task Force (FATF) drafted guidance with recommendations for virtual asset providers (VASPs) to classify the transfers to and from “unhosted” wallets as higher-risk transactions, with respective scrutiny and limitations to be applied. The new FATF guidance is also aimed at extending the scope of the Travel Rule to VASPs if a virtual asset transfer involves a self-custodied wallet.

Both proposals faced harsh criticism from the crypto industry stakeholders and were eventually delayed. In January 2022, however, the Department of the Treasury reintroduced the proposal to tighten the grip over noncustodial wallets in its new regulatory plan.

To resist or to adapt?

“Seven years ago, I forecasted that these regulations were coming, it was just a matter of when and under what conditions,” Justin Newton, CEO of compliance solutions provider Netki, commented to Cointelegraph. The firm provides KYC/AML technology and develops remote identity verification solutions for blockchain businesses. Newton pointed out that both the FATF guidance and the legislation in Singapore emphasize both-ends transaction verification.

U.S. President Joe Biden’s executive order on crypto highlights the consolidatory dynamic in crypto regulation, which will likely bring FinCEN’s unfinished business back into the spotlight at some point. “Sooner rather than later,” Newton added. He further commented:

“The Biden Executive order specifically spoke about bringing U.S. regulations in line with global standards, and this EU proposal is in line with FATF guidance. The EU vote should trigger U.S. companies to start embracing KYC compliance to get ahead of impending regulations in the states.”

Considering this, Newton believes that the regulators won’t leave the industry any room to ignore their demands. It might be more productive to seek a compromise on the matter, especially given that the problem has its technological solutions. The main threat to privacy isn’t a counterparty knowing who you are, but the fact that on-chain transaction transparency allows both the institutional third parties and curious individuals to track and de-anonymize your activity:

“Fortunately, newer technologies such as Lightning see this level of on-chain transparency as a bug rather than a feature, and we can hope for better privacy for our crypto transactions than is available on most blockchains today.”

What’s next?

While the new rules around “unhosted” wallets will require crypto services providers to adapt, they might be less of a threat to the industry than some stakeholders currently believe. By integrating existing off-the-shelf compliance solutions that equally value privacy, crypto can relatively seamlessly embrace compliance while preserving financial freedoms. Newton said:

“These new rules highlight the need to select compliance solutions that have the vision to see these new rules coming and have built their platforms to be prepared. Today, that means including noncustodial wallets in your Travel Rule solution. Tomorrow, it will be privacy coins and layer-2 networks such as Lightning. The taxman is coming as well, so any Compliance Communications Protocol should be prepared to support those new rules.”

But behind any optimism, problems that can’t be resolved in a win-win fashion remain. In addition to small market players who may not necessarily be in a position to adopt high-end compliance solutions, the tightening scrutiny could undermine global financial inclusion. After all, what regulators call “unhosted” wallets is an essential tool for the underbanked and the financially underserved globally.

Crypto whale liquidated for $308M in leveraged Ether trade

Law Decoded: ‘Unhosted’ wallets are just ‘wallets,’ March 28–April 4

Yet another regulatory attack on self-hosted wallets, a digital dollar with privacy protections, and more of the same for spot BTC ETFs.

The European Parliament continued to keep crypto users and advocates at the edge of their seats last week as yet another piece of potentially harmful legislation — this time, a set of demanding data disclosure requirements for digital asset service providers — was rushed to a vote mere days after a near miss on banning proof-of-work-based cryptocurrencies. 

Unlike the relatively happy resolution of the Markets in Crypto Assets framework situation, the EU’s new Anti-Money Laundering rules retained all the crypto-hostile language as they are going into the next round of consideration, the so-called trialogue negotiations. If the rules are enacted as they are, compliant crypto exchanges could be forced to halt transactions involving “unhosted” or self-custodied crypto wallets.

The tax reporting deadline is nearing across the Atlantic, and the Biden administration has revealed its plan to reduce the budget deficit by almost $5 billion by streamlining the reporting rules and collection of digital asset taxes in the upcoming fiscal year.

On the monetary policy front, the White House seems to have secured the passage of its four Federal Reserve nominees to the full Senate vote. Something that would be considered a formality back in the day, the Fed nomination process has become yet another partisan battlefield amid the increasing politicization of monetary policy.

Self-hosted doesn’t mean “unhosted”

The origins of regulators’ habit of framing a crypto wallet that is not custodied on a centralized platform as “unhosted” — a term that already conveys a certain air of neglect — can be traced back to at least December 2020, when the United States Treasury first attempted to impose financial monitoring requirements on crypto exchanges that facilitate transactions to such wallets. Using this language creates an impression that the only acceptable format of a “lawful” crypto wallet is being “hosted” by some centralized third party — an idea that is absurd for most people in the crypto space.

Armed with this rhetorical weapon and with the spirit of the Financial Action Task Force’s “Travel Rule,” the EU lawmakers went above and beyond what the international group’s guidance holds. While the FATF recommends that the reporting of transacting parties’ personal data be triggered by transactions between exchanges and personal wallets worth more than $1,000, the proposed EU rules extend this to any such transactions, regardless of their value. Additionally, users sending funds from a wallet to an exchange would be required to report to the platform the identity of the “unhosted” wallet’s beneficial owner, and exchanges would have to verify this information. Clearly, such requirements will put a heavy burden on compliant virtual asset service providers.

A digital dollar without surveillance?

Stephen Lynch, a member of the U.S. House of Representatives from Massachusetts, has introduced a legislative initiative proposing a form of digital cash that seeks to maximize consumer protection and data privacy. The proposal is apparently designed to address privacy and financial surveillance concerns around a potential U.S. central bank digital currency (CBDC) that several members of Congress have expressed in the past few months. For one, the prospective e-cash would not even formally qualify as a central bank currency, since the Treasury would be tasked with developing the pilot. At the same time, the bill explicitly states that the proposed Treasury money is not supposed to preclude or replace a prospective Federal Reserve-issued CBDC. Meanwhile, the movement to block the Fed’s ability to issue a retail-focused digital currency has gotten a second wind this week, with U.S. Senator Ted Cruz sponsoring a companion bill to Representative Tom Emmer’s earlier legislation aiming at just that.

All quiet on the BTC ETF front

Another spot Bitcoin exchange-traded fund application bites the dust: This week, the U.S. Securities and Exchange Commission has turned down the proposed rule change to allow ARK 21Shares Bitcoin ETF to trade on the Chicago Board Options Exchange. The justification cited the familiar mantra that the proposed product failed to meet the requirements of the Exchange Act in that it lacked “a comprehensive surveillance-sharing agreement with a regulated market of significant size” related to the underlying asset. Another contender for the distinction of sponsoring the first regulated spot Bitcoin ETF in the United States, Grayscale, is apparently preparing for a legal battle in case the regulator turns down its bid. The deadline for the SEC to render a decision on Grayscale’s product is July 7 of this year.

Crypto whale liquidated for $308M in leveraged Ether trade

Warren’s battle to curtail crypto gets boost from Ukraine conflict

While Senator Warren’s new bill officially targets Russia, could this just be an excuse to tighten crypto regulation?

In a July 2021 interview, Massachusetts Senator Elizabeth Warren likened crypto regulation to the drug regulation initiatives of a century ago, which she claimed put an end to the sale of “snake oil” and laid the basis for the creation of the modern drug industry. This reflected her earlier statements about the digital currency market resembling the “Wild West,” which makes it a poor investment as well as an “environmental disaster.” With her latest bill in the Senate pipeline targeting Russian actors’ potential use of crypto to circumvent United States sanctions, it is fair to ask: Is the military conflict in Ukraine merely an excuse for Warren to act on her long-standing distaste for digital assets?

From the ivory tower to Capitol Hill

Senator Warren is not a typical Democrat, having been a conservative for much of her life. The general idea behind a lot of the ideas she presents hearkens back to the progressive era, when America’s traditional middle class found itself pitted against the well-lobbied interests of big business and turned to regulation to formalize the national economy.

As a Harvard Law School bankruptcy professor, she wrote several books that established her as a champion of the middle class and new financial regulation, and her ideas gained resonance during the subprime mortgage crisis that would snowball into the 2008 financial crisis.

That year, the U.S. Senate turned to Warren to chair the Congressional Oversight Panel, which oversaw the implementation of the Emergency Economic Stabilization Act, the infamous $700 million bailout package. This set the stage for her entry into politics several short years later when she became a Massachusetts senator at age 63.

“As a member of the Senate Committee on Banking, Housing, and Urban Affairs, Senator Warren works on legislation related to financial services and the economy, housing, urban development, and other issues, and participates in oversight of federal regulatory agencies,” according to her Senate website.

Only business regulation, nothing personal

One important takeaway from a review of Senator Warren’s resume is that the champion of financial regulation and tireless defender of the U.S. middle class has never really been an anti-Russia hawk. However, this seemingly changed when Russian President Vladimir Putin launched his “special military operation” in Ukraine on Feb. 24 and the U.S. and its partners took punitive steps targeting the Russian economy.

The fact that Warren was able to deliver a comprehensive set of regulations aimed at the crypto industry within weeks of the launch of the Ukraine conflict underscores that she had likely drafted them long in advance and had been waiting for the appropriate time to reach across the aisle for Republican endorsement.

Prior to former U.S. President Donald Trump’s arrival on the Republican political scene, antipathy toward Russia wasn’t considered partisan or limited to the Democratic Party. A review of the Senate’s anti-Russia rhetoric, and who signed what documents, reveals that it takes three forms.

The first is unanimous condemnations of Russia, which usually happen immediately after Russia makes a major political move against a foreign power such as Ukraine or Georgia.

The second type is tied to allegations that Putin meddled in the 2016 U.S. presidential election in order to ensure Trump’s victory. While most Republicans dismiss the allegation, it has continued to be a rallying cry for many Democrats. In his investigation into the matter, former Federal Bureau of Investigation Director Robert Mueller found that Russia carried out a systematic effort to influence the election in favor of Trump, but he stopped short of determining whether the efforts were actually successful.

On the other hand, several Republican hawks are decidedly anti-Russia, and these Senators may prove instrumental in the passage of Warren’s legislation. While John McCain, arguably the most famous anti-Russia hawk, passed away in 2018, there are other, lesser-known ones.

In December 2016, after Trump’s election, Senators Rob Portman of Ohio and Dick Durbin of Illinois, co-chairs of the Senate Ukraine Caucus, led a bipartisan group of 12 Republicans and 15 Democrats to call on then-President-elect Trump to continue America’s “tradition of support for the people of Ukraine in the face of Russian aggression.” While most of those senators are still in office, Warren was not among the signatories.

In March 2022, the Senate condemned Russia on two occasions. Both times, the resolution’s sponsor was Senator Lindsey Graham, the most ardent Republican anti-Russia hawk. While Warren voted for the resolutions, she wasn’t among their many cosponsors.

Civil forfeiture: An ugly precedent

There is a precedent for what Warren seeks to do to rein in crypto. For over two decades, U.S. federal officials have been seizing undeclared currency from people at airports traveling to or from other countries. The official justification for the practice is that it curtails the sale of illicit narcotics. If officials find more than $10,000 in undeclared cash on someone, they are authorized to simply take it, and getting it back can be a legal nightmare.

According to a July 2020 report from the civil liberties law firm Institute for Justice, “Law enforcement agencies routinely seize currency from travelers at airports nationwide using civil forfeiture — a legal process that allows agencies to take and keep property without ever charging owners with a crime, let alone securing a conviction.”

The sheer volume of cash being taken at U.S. airports is mind-boggling: more than $2 billion between 2000 and 2016. However, the report notes that 69% of the time, there were no arrests made.

“The theory behind civil forfeiture is that by going after drug dealers’ money, you hit them where it hurts the most by taking away their proceeds,” Jennifer McDonald, a senior research analyst at the Institute for Justice who authored the report, told NPR in a July 2020 interview. “It’s not effective. There’s research that shows that civil forfeiture has no relationship with reducing crime at all, or drugs for that matter.”

Warren’s legislation also resembles the 2001 USA PATRIOT Act, which enhanced both the surveillance and regulation of international banking, supposedly in order to thwart the financing of terrorist activity. Title III prevents U.S. entities from working with offshore shell banks that are unaffiliated with a bank on U.S. soil, ostensibly in order to control suspicious activity abroad. The law mandated that banks investigate accounts owned by political figures suspected of past corruption.

It’s notable that while many went on to later condemn the PATRIOT Act, its initial reception was positive among both Republicans and Democrats due to the sense of urgency that prevailed following the terror attacks of Sept. 11, 2001.

Excuse to target crypto?

Given her history, it’s possible — perhaps even likely — that Senator Warren’s proposal is simply an excuse to target crypto, using Russia as a way to gain bipartisan support. Moreover, Warren’s efforts may be no more effective at its goals than civil forfeiture is at targeting drug trafficking. According to Jake Chervinsky, head of policy at the Blockchain Association, existing legislation targeting Russian entities is sufficient because crypto markets are too small and transparent to rescue the effectively blockaded Russian economy.

Transactions involving Bitcoin (BTC) and the Russian ruble lack liquidity. Chervinsky also noted that “To make a meaningful difference, Russian SDNs [Specially Designated Nationals] would have to convert billions of dollars worth of rubles into crypto” and pointed out that Russia is already cut off from most of the crypto industry. The nation may not even need to turn to crypto, given the willingness of China and India to pursue de-dollarization in trade, a process that has been in the works for years.

Senator Warren’s push for new crypto regulations thus looks like it may simply be a thinly veiled attack on the industry. In an evenly split Senate, her use of heavily sanctioned Russia looks like a potential excuse to drum up bipartisan support for more restrictive measures.

Crypto whale liquidated for $308M in leveraged Ether trade

CTFC looks at expanded authority to regulate crypto, for less than a 10% budget increase

The agency’s $365 million proposed FY2023 budget includes significant allocation for CPAs and whistleblowers.

The U.S. Commodity Futures Trading Commission, or CFTC, has released its Fiscal Year 2023 (FY2023) budget request, seeking $365 million. This marks a 9.9% increase over the previous year and 20% over FY2021. The commission regulates the country’s derivatives market and has been increasingly active in recent years in policing financial products that incorporate cryptocurrencies. 

According to the agency’s request document, the CTFC focuses on digital asset custodian risk, ensuring secure storage, as well as on accounting. The agency has its own staff of certified public accountants due to the lack of guidance on digital asset accounting from sectoral oversight bodies. In addition, the agency ensures derivative clearing organizations “employ strong segregation of duty processes and procedures to safeguard against theft of the collateral from [their] employees,” and it has extensive plans to increase educational efforts.

The request was more modest than what commissioner Rostin Behnam had been angling for. He told the Senate Agriculture Committee in February that his agency needed an additional $100 million and additional authority to regulate Bitcoin (BTC) and Ethereum (ETH), the cryptocurrencies the government treats as commodities.

The CFTC now depends heavily on whistleblowers in its enforcement efforts. Behnam told a Futures Industry Association audience this month that the agency had received over 600 tips since October, of which “a large number allege cryptocurrency fraud, such as pump-and-dump schemes, refusals to honor requests to withdraw money, and romance scams.” The agency announced a $10 million whistleblower award on March 18.

It seems likely the agency will receive more authority in the arena of digital assets. Senators Cynthia Lummis and Kristen Gillibrand have indicated that their bill on cryptocurrency regulation, when it is introduced, will include a prominent role for the CFTC, and a recent Government Accountability Office (GAO) report commented on the agency’s limited authority.

The president’s FY2023 budget, announced Monday, foresees generating $11 billion in revenue over the next decade by modernizing therules relating to digital assets.

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Law Decoded: Crypto taxes and taxes on crypto, March 21–28.

Some jurisdictions are introducing digital assets as tax payment options while others levy hefty taxes on crypto gains.

It was relatively quiet in the digital asset policy department last week, as regulators and lawmakers in most key jurisdictions retreated to their offices to do the necessary homework. In the U.S., federal agencies got on with the various reports that President Joe Biden’s recent executive orders directed them to produce. Over in the United Kingdom, both the central bank and the Financial Conduct Authority also dropped position papers on crypto-related issues. After thorough deliberation, Thailand’s financial authorities spoke out against using crypto as a means of payment, while rumors of potential legal tender adoption of crypto emerged and died in Honduras.

One theme that has been conspicuous throughout the week is the relationship between digital assets and taxation. Few would argue that cities and even states offering Bitcoin tax payment options to their constituents are doing the Lord’s work that is instrumental in widening the adoption of crypto. On the flip side, digital assets are subject to taxation themselves, a position that does not necessarily advance crypto’s legitimization. Contrary to what one might have thought, India’s approach demonstrated that it is possible to levy heavy taxes on cryptocurrency transactions while maintaining ambiguity around the asset class’s legal status.

Crypto city life

As bulky national legislatures and executive agencies take their time to come up with comprehensive crypto policies, city councils in the U.S. and beyond are filling the void. Austin, the capital of Texas, has taken a bullish stance on crypto as it passed two resolutions designed to facilitate blockchain-powered innovation. The word on the street is that the city could soon get its CityCoin, joining the likes of Miami and New York. The mayor of Portsmouth, New Hampshire is pushing for allowing city residents to pay for municipal services in Bitcoin and other cryptocurrencies. Over in Brazil, Rio de Janeiro is poised to start accepting BTC payments for real estate taxes as early as 2023 — a fairly short timeline for a city that’s home to almost 7 million residents.

Taxes vs. digital assets

India has been moving fast on the path of introducing new taxation rules on cryptocurrency transactions. Despite some serious pushback from industry stakeholders — who voiced a wide range of reasons why imposing draconian taxes on crypto could be a suboptimal policy choice — the nation’s crypto community will face a 30% tax burden starting from April 1. Finance Minister Nirmala Sitharaman, who introduced the framework, has previously spoken to the effect that levying a tax on something does not mean that this thing has a legal status. Essentially, one of the world’s major crypto markets is getting rules that treat digital assets similarly to gambling profits and lottery wins. The details on how the law will be enforced in relation to decentralized finance activity are so far scarce as well.

Not today, partisan politics

Enough has been said about how important it is to stop crypto from becoming an issue with firmly entrenched divides along party lines as they are drawn in the United States’ polarized political system. It has been going pretty well so far, with crypto allies found on both the Republican and Democratic sides of the aisle. An unlikely alliance between Republican Senator Cynthia Lummis and Kirsten Gillibrand, her Democrat peer, has further cemented the spirit of bipartisanship as the two revealed a joint effort to create a comprehensive bill that would categorize digital assets and draw clear boundaries of regulatory agencies’ mandates.

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US senators Lummis, Gillibrand reveal working on bipartisan crypto legislation

Senator Cynthia Lummis has won support from a Democrat senator for her new digital asset bill.

United States Senator from New York Kirsten Gillibrand revealed working with Senator Cynthia Lummis on a broad-based regulatory framework for the crypto industry on Thursday during a live event in Washington, D.C. 

As Gillibrand specified, she and Lummis are undertaking “a very complex and intensive review” of different aspects of the industry, with a future regulatory task-sharing in mind. The framework will see both the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC) get their share of a regulatory mandate.

Speaking of her and Lummis’ motivations for taking up the initiative, Gillibrand said:

“Many of the goals that Sen. Lummis and I have are identical — we want to address things like safety and soundness, we want to address consumer protection, we want to address certainty for markets.”

The symbolic importance of the Lummis-Gillibrand initiative is hard to overstate. In recent months, digital assets have been increasingly politicized, with some observers fearing that it could eventually become a divisive partisan issue.

Related: Democrat division over crypto isn’t all bad news for regulation

Senator Lummis gained a reputation as a staunch advocate of financial innovation, while Senator Gillibrand has largely refrained from articulating her stances on digital currencies until recently.

Back in December 2021, Lummis announced the introduction of a crypto bill that would provide regulatory clarity on stablecoins, offer consumer protection and categorize different digital assets. Along with the announcement, she issued a call for bipartisan cosponsors, which, as can be told now, has caught the attention of Senator Gillibrand. 

The bipartisan legislative push comes weeks after U.S. President Joe Biden signed his executive order on digital assets, directing a number of federal agencies to produce a series of reports on digital assets.

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Law Decoded: Arab States of the Gulf open up to digital asset services, March 14–21

Crypto comes to the Persian Gulf, U.S. Congress moves sideways, Australia is looking at regulating DAOs.

Last week got off to an antsy start as the clause that many interpreted as a direct route to ban proof-of-work-(PoW)-based cryptocurrencies made a sudden comeback to the draft of the European Union’s key directive on digital assets. Many in the crypto policy space got immediate flashbacks to other instances of harmful last-minute additions to must-pass legislation days and hours before the vote. It all ended well, though, as the Committee on Economic and Monetary Affairs voted against the draft that contained the hostile language. Over in the United States, monetary policy kept growing more political, as evidenced by Sarah Bloom Raskin, President Joe Biden’s pick for the Federal Reserve’s vice chair for supervision, being forced to withdraw her nomination due to a Senate gridlock. Ukrainian President Volodymyr Zelenskyy took time off urgent matters of national defense to sign a bill granting digital assets legal status into law. Other big narratives of the week included crypto platforms’ expansion into the Gulf region, a slew of crypto-related statements and actions by members of the U.S. Congress and some favorable policy developments in Australia.

The Gulf of crypto

Several Middle Eastern jurisdictions have welcomed major players of the global crypto industry on their soil last week. The streak kicked off with Binance, the world’s largest crypto exchange by volume, securing authorization from the Central Bank of Bahrain on March 14. The license covers services such as trading, custody and portfolio management. Less than one day later in a historic first, crypto exchange FTX landed a license from the newly established Dubai Virtual Asset Regulatory Authority. Binance, however, was hot on FTX’s heels, announcing that it had obtained a Dubai virtual asset exchange license on March 16. With crypto powerhouses lining up to set shop in Dubai, the emirate looks poised to become the region’s cryptocurrency hub thanks to its leadership’s far-sighted policy initiatives.

Much ado on the Capitol Hill

Digital assets remain high on many U.S. federal legislators’ agendas with yet another Congressional hearing, this time with national security and illicit finance angle, taking place at the Senate Committee on Banking, Housing, and Urban Affairs. Hot-button issues like sanctions, compliance and ransomware facilitation inevitably received much spotlight. Yet, industry representatives were also able to carve out some time to call for Congress to ramp up its work on providing regulatory clarity to U.S.-based crypto businesses. Meanwhile, crypto allies and adversaries in Washington, D.C., kept doing their respective business. A bipartisan group of congresspeople, led by Minnesota Representative Tom Emmer, have called out the Securities Exchange Commission boss Gary Gensler for subjecting cryptocurrency companies to unnecessary scrutiny. Crypto’s eternal critics: Representative Brad Sherman and Senator Elizabeth Warren, in turn, announced bills that would authorize the U.S. government to limit digital asset service providers’ ability to deal with Russia-based persons and entities.

Big news from down under

Australian Senator Andrew Bragg, the crypto industry’s longtime champion, has announced a wide-ranging legislative package called the Digital Services Act. In addition to familiar themes such as laying down rules for service provider licensing, custody, and taxation, the initiative emphasizes the need to regulate decentralized autonomous organizations, or DAOs. Bragg argues that such entities represent a “threat to the tax base” and thus must be recognized and regulated urgently. The New South Wales Senator unveiled the proposed framework at a blockchain conference. The document is yet to be formally introduced to the Australian legislature.

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