Law news-Page 3
The SEC shook Kraken down for $30M, but it doesn't mean they had a case
The settlement between Kraken (Payward Ventures) and the United States Securities and Exchange Commission set off alarm bells in the crypto community this month. Apparently, Kraken — one of the most compliance-minded crypto exchanges in existence — decided to buy its peace rather than fight with the SEC for years over whether it was offering unregistered “securities” through its staking program. The nature of the settlement is that Kraken neither admitted nor denied the SEC’s allegations, and the existence of the settlement, technically speaking, cannot be used as legal precedent for any argument either side of the issue might present. …
Regulation / Feb. 15, 2023
Why zero-knowledge KYC won't work
The emergence of blockchain technology presents an opportunity to reexamine and innovate solutions used in our day-to-day life. Blockchains and, broadly speaking, the digital space fuelled by an artificial intelligence revolution urgently need to establish verifiable human identities to ensure trust, accountability and regulatory compliance. There are a variety of emerging technologies, both on- and off-chain, that could serve as the basis for a functioning trust framework. One solution, in particular, is often referred to as the holy grail of verifications — zero-knowledge Know Your Customer (zkKYC) verification. What are zk and KYC? ZK stands for zero-knowledge, a cryptography term …
Technology / Feb. 15, 2023
Korean e-commerce exec accused of accepting LUNA for shilling Terra Labs
South Korean prosecutors have requested an arrest warrant for the former CEO of Tmon, a Korean e-commerce platform, after taking billions of won in LUNA (LUNA), now known as LUNA Classic (LUNC), for promoting Terra as a simple payment gateway. Seoul prosecutors requested an arrest warrant on the former CEO of ecommerce giant Tmon for allegedly receiving bribery from Terra cofounder Daniel Shin in exchange for promoting Terra as a payment method, the Seoul Southern District Prosecutors Office confirmed with me via text. — Danny Kunwoong Park (@ParkKunwoong) February 15, 2023 Media outlet Dong-A Ilbo reported that the head of …
Regulation / Feb. 15, 2023
Binance CEO: crypto industry will probably move to non-dollar stablecoins
The crypto industry will “probably” start using euro, yen, or Singapore dollar based stablecoins in the future, reducing its reliance on US dollar based stablecoins, according to a Feb. 14 statement on Twitter Spaces by Binance CEO Changpeng Zhao, also known as “CZ.” CZ gave the statement in answer to a question about the crypto industry using gold as a standard of value instead of the US Dollar. CZ agreed that it “makes sense” to use gold. However, “most people’s costs are still in fiat currencies.” For this reason, most people calculate their investment returns in dollars, which is why …
Regulation / Feb. 14, 2023
US lawmakers and experts debate SEC's role in crypto regulation
The United States Securities and Exchange Commission and its chair Gary Gensler were the targets of many lawmakers and witnesses at a hearing exploring the crash of the crypto market. In a Feb. 14 hearing at the Senate Banking Committee titled ‘Crypto Crash: Why Financial System Safeguards are Needed for Digital Assets’, ranking member Tim Scott said Gensler should appear before Congress before September to address additional enforcement actions in the crypto space, calling out the SEC chair for doing “rounds on the morning talk shows” rather than testifying. According to the South Carolina senator, the SEC had not provided …
Regulation / Feb. 14, 2023
Expect the SEC to use its Kraken playbook against staking protocols
The United States Securities and Exchange Commission (SEC) settled with Kraken on Feb. 9 for an action taken against the exchange’s staking rewards program. Kraken paid a $30 million fine and agreed to halt the program. Set aside for a moment the irony that the SEC is going after a solvent firm in the crypto space with a decade-long reputation as a good actor. Kraken has been helping settle verified Bitcoin (BTC) claimants from the hacking of rival exchange Mt. Gox over a decade ago. It invented the use of Merkle Root data to create verifiable proof of reserves. It …
Decentralization / Feb. 14, 2023
Sam Bankman-Fried's use of a VPN on Super Bowl Sunday 'raised concerns', say prosecutors
Prosecutors behind the criminal case against former FTX chief executive officer Sam Bankman-Fried have requested additional time to consider the legal implications of him using a virtual private network, or VPN. In a Feb. 13 filing with the United States District Court for the Southern District of New York, U.S. Attorney Damian Williams said the Justice Department had uncovered that Bankman-Fried accessed the internet on Jan. 29 and Feb. 12 — the second date being Super Bowl LVII. According to Williams, the government’s view was that using a VPN “raises several potential concerns”, citing examples of U.S.-based users accessing certain …
Regulation / Feb. 14, 2023
Proposed EU parliament rule could have banks apply 1,250% risk weight to crypto exposure
The European Parliament has released a report on a draft bill proposing that banks holding cryptocurrencies set aside a large amount of capital in an effort to address potential risk. In a Feb. 9 notice, EU lawmakers said any framework applied to crypto assets should “adequately mitigate the risks of these instruments for the institutions’ financial stability,” proposing banks apply a 1250% risk weight on their exposure to digital assets — one of the highest risk ratings for investments. The proposed law suggested that such requirements go into effect until Dec. 30, 2024. “The rapid increase in the financial markets’ …
Regulation / Feb. 13, 2023
Crypto, forex platform CEO pleads guilty in $248M fraud scheme
Eddy Alexandre, CEO of purported crypto trading platform EminiFX has pleaded guilty to commodities fraud in a New York district court, agreeing to pay back millions to investors who lost funds to his "cryptocurrency investment scam. The United States Department of Justice (DOJ) announced on Feb. 10 that Alexandre submitted a guilty plea to one count of commodities fraud, and will pay over $248 million in forfeiture along with restitution yet to be specified. Alexandre was arrested and charged in May 2022 over his role in EminiFX and originally pleaded not guilty, but changed his plea on Feb. 10. He …
Business / Feb. 13, 2023
Consumer Federation of California reattempts to regulate crypto companies
The Consumer Federation of California (CFC), a nonprofit advocacy organization working for consumer rights, sponsored a bill that seeks to license and regulate the activities of cryptocurrency exchanges. The legislation demanding regulatory oversight of crypto businesses — the Digital Financial Assets Law — was introduced by Assemblymember Timothy Grayson with the aim of protecting Californians from financial hardship and fostering responsible innovation. Grayson believes that licensure is the next natural step for the crypto industry, adding: “And it is equally clear that until we take that step, Californians will continue to be vulnerable to prevalent and preventable financial scams.” This …
Adoption / Feb. 12, 2023
El Salvador’s ‘limited’ use of Bitcoin prevents forecasted risks, suggests IMF
El Salvador has been advised to exercise caution in expanding government exposure to Bitcoin (BTC) due to the “speculative nature” of crypto markets by the global monetary watchdog. A Feb. 10 statement from the International Monetary Fund (IMF) emphasized that Bitcoin’s risks in El Salvador have “not materialized” yet due to its “limited” use so far, after IMF staff visited the country last week. It was suggested that El Salvador address these risks as Bitcoin’s use “could grow” given it has been recognised as legal tender in the country since Sept. 2021. El Salvador was warned to re-evaluate its plan …
Adoption / Feb. 12, 2023
Kazakhstan to mandate 75% revenue sale from crypto mining for tax purposes
Kazakhstan, one of the biggest Bitcoin (BTC) mining hubs in the world, announced plans to introduce new crypto regulations aimed at reducing tax fraud and unlawful business operations. A new law signed by Kazakh President Kassym-Jomart Tokayev on Feb. 6 reinstated the nation’s stand against the unlawful mining operations and issuance of crypto assets. Out of the two distinct legislations, the first requires the secured digital assets issuers to have the government’s permission. Moreover, such issuers will be subject to monitoring in accordance with the existing law of the land — “On Combating the Legalization (Laundering) of Proceeds from Crime …
Adoption / Feb. 11, 2023