Sec news-Page 8
Kraken reaches $30M settlement with SEC over staking
Cryptocurrency exchange Kraken has reached an agreement with the United States Securities and Exchange Commission to stop offering staking services or programs. In a Feb. 9 announcement, the SEC said it had charged Kraken with “failing to register the offer and sale of their crypto asset staking-as-a-service program,” which the commission claims qualified as securities under its purview. The crypto firm has agreed to cease operations of its staking program as well as pay $30 million in disgorgement, prejudgment interest, and civil penalties. “Kraken not only offered investors outsized returns untethered to any economic realities, but also retained the right …
Regulation / Feb. 9, 2023
Banks under pressure from U.S. authorities to cut ties with crypto firms
United States authorities appear to be resurrecting past techniques to crackdown on crypto firms and banks offering services to the industry, several sources told Cointelegraph. The alleged strategy consists of isolating the traditional financial system from the crypto market by spanning "multiple agencies to discourage banks from dealing with crypto firms," aiming to lead crypto businesses to become "completely unbanked," according to Nic Carter — co-founder of venture firm Castle Island and crypto intelligence firm Coin Metrics. The claims rely on conversations he had with bank executives, including crypto native and traditional banks, Carter told Cointelegraph. "They tell me they …
Regulation / Feb. 9, 2023
Crypto and securities: New interpretation of US Howey test gaining ground
The crypto community celebrated a victory in court on Jan. 30 when the United States Securities and Exchange Commission (SEC) admitted in the remedies hearing of the LBRY case that secondary sales of its LBC coin were not securities sales. John Deaton, who represents Ripple in court in the SEC’s case against it, was so excited that he created a video for his Twitter-hosted CryptoLawTV channel that evening. Deaton, a friend of the court, or amicus curiae, in the case, recounted a conversation he had with the judge that day. “Look, let’s not pretend. Secondary market sales are a problem,” …
Adoption / Feb. 9, 2023
Getting rid of crypto staking would be a 'terrible path' for the US — Coinbase CEO
The CEO and co-founder of cryptocurrency exchange Coinbase, Brian Armstrong, believes that banning retail crypto staking in the United States would be a ‘terrible’ move by the country's regulators. Armstrong made the comments in a Feb. 9 Twitter thread which has already been viewed over 2.2 million times, after noting they've heard “rumors” that the U.S. Securities and Exchange Commission “would like to get rid of crypto staking” for retail customers. “I hope that's not the case as I believe it would be a terrible path for the U.S. if that was allowed to happen.” Armstrong did not share where …
Regulation / Feb. 9, 2023
Crypto exchange Kraken faces probe over possible securities violations: Report
Cryptocurrency exchange Kraken is reportedly being probed by the United States Securities and Exchange Commission (SEC) over whether it breached rules around the offering of securities. According to a Feb. 8 Bloomberg report, the probe relates to certain offerings that Kraken has made to U.S. clients. A person with knowledge of the matter said the probe is at an advanced stage and could reach a settlement in the coming days. However, at this stage, it is not clear which offerings are being scrutinized by the securities regulator. When asked about the alleged probe, an SEC spokesperson told Cointelegraph, "The SEC …
Bitcoin / Feb. 9, 2023
SEC to up scrutiny of firms offering or giving advice about crypto
Crypto brokers and investment advisors offering or giving advice about cryptocurrencies will be put under the scope of the United States' securities watchdog this year. A Feb. 7 statement from the Securities and Exchange Commission’s (SEC) Division of Examinations outlined its priorities for 2023, suggesting brokers and advisers dealing in crypto will need to be extra careful when offering, selling or making recommendations regarding digital assets. It stated that SEC-registered brokers and advisors will be closely watched to see if they followed their “respective standards of care” when making recommendations, referrals and providing investment advice. Today we announced the Division …
Adoption / Feb. 8, 2023
Voyager subpoenas FTX and Alameda execs as judge orders fee examiner
Lawyers representing bankrupt crypto broker Voyager Digital have served former FTX CEO Sam Bankman-Fried and other FTX and Alameda Research executives with subpoenas requesting information. The subpoenas have a very wide scope, with Voyager’s lawyers seeking copies of any documents and communication between FTX entities and the Securities and Exchange Commission (SEC) or the Department of Justice (DOJ) according to the Feb. 6 filing. Amongst a plethora of other requested documents, the lawyers also want to see information relating to the loan portfolio between Alameda and Voyager as well as FTX’s financial condition before and after it filed for bankruptcy …
Regulation / Feb. 8, 2023
US financial regulators warn against crypto exposure in retirement accounts
Three financial watchdogs in the United States have issued a warning to investors considering certain individual retirement accounts with exposure to cryptocurrencies. In a Feb. 7 notice, the United States Securities and Exchange Commission’s Office of Investor Education and Advocacy, the North American Securities Administrators Association, and Financial Industry Regulatory Authority said self-directed individual retirement accounts, or IRAs, may include assets with potential risks, including cryptocurrencies. According to the agencies, some of the aforementioned IRAs could offer exposure to crypto assets that qualify as securities “without SEC registration or a valid exemption from registration” and without providing the information necessary …
Regulation / Feb. 7, 2023
US Attorney requests SEC and CFTC civil cases against SBF wait until after criminal trial
Damian Williams, United States Attorney for the Southern District of New York, has petitioned the court to delay civil proceedings against former FTX chief executive officer Sam Bankman-Fried “until the conclusion of the parallel criminal case”. In Feb. 7 filings, Williams requested that the court issue an order staying civil proceedings as well as discovery from the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission against Bankman-Fried until after his criminal case, scheduled to go to trial in October. According to Williams, the criminal case against Bankman-Fried was “likely to have a significant impact” on the SEC and …
Regulation / Feb. 7, 2023
Former Coinbase manager slams SEC in motion to dismiss insider trading case
A former product manager at cryptocurrency exchange Coinbase has moved to dismiss charges of alleged insider trading, with his lawyers arguing the tokens he allegedly traded were not securities. Lawyers representing ex-Coinbase employee, Ishan Wahi, and his brother, Nikhil Wahi, filed a motion on Feb. 6 in the United States District Court for the Western District of Washington to dismiss charges laid b the Securities and Exchange Commission (SEC). In July last year, the SEC charged the brothers and their associate, Sameer Ramani, with insider trading alleging the trio made $1.1 million using Ishan’s tips on the timing and names …
Regulation / Feb. 7, 2023
Australia and the UK share their big picture of crypto: Law Decoded, Jan. 31–Feb. 6
The U.K. outline of the future financial services regulatory regime for crypto covers a broad range of topics, from the troubles of algorithmic stablecoins to nonfungible tokens and initial coin offerings. And it’s certainly good news for the industry, as the upcoming regulation doesn’t propose a ban on algorithmic stablecoins or excessive requirements on data sharing for digital asset operators. The Australian consultation paper on “token mapping” is a foundational step in the government’s multistage reform agenda to regulate the market. Based on the “functional” and technology-neutral method, the paper proposes several basic definitions for all things crypto. Its taxonomy …
Regulation / Feb. 6, 2023
Value of WisdomTree’s crypto holdings fell 61.9% in Q4
United States fund manager WisdomTree saw the value of its digital asset holdings decline sharply in the fourth quarter, reflecting the prolonged bear market in Bitcoin (BTC) and other cryptocurrencies. WisdomTree’s cryptocurrency funds held $136 million worth of assets as of Dec. 31, 2022, down from $163 million at the beginning of the quarter and marking a $23 million depreciation, the company disclosed in its quarterly earnings report on Feb. 3. Twelve months earlier, WisdomTree’s cryptocurrency portfolios held $357 million worth of assets. The fund manager posted a net loss of $28.3 million in the fourth quarter, though operating revenues …
Sec / Feb. 3, 2023