A commissioner from the Commodity Futures Trading Commission (CFTC) has called on Congress to stop allowing cryptocurrency exchanges to “self-certify” and list tokens without oversight. CFTC commissioner Christy Goldsmith Romero told an audience at a Jan. 18 University of Pennsylvania event focused on FTX that the current process wasn't adequate to ensure proper oversight, saying: “I urge Congress to avoid permitting newly-regulated crypto exchanges to self-certify products for listing, under the current process that limits CFTC oversight." "It is critical to institute guardrails against regulatory arbitrage, and that includes prohibiting the use of the self-certification process," she added. Currently, crypto …

Caroline Pham, the commissioner of the Commodity Futures Trading Commission (CFTC), has recently called on regulators to provide clearer guidance on crypto assets in 2023. In an interview with Bloomberg, Pham mentioned that discussions with global players over crypto regulations are currently ongoing. The government official said that there are many foreign discussions currently happening about global industry standards for crypto regulation. According to Pham, she has gone through more than 75 meetings with various parties to discuss various topics concerning crypto regulation. The CFTC commissioner highlighted that there are “very advanced discussions” happening outside of the United States about …

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 …

The Commodity Futures Trading Commission (CFTC) has begun the process of getting a default judgment in its case against Ooki DAO after the latter missed the deadline to respond to the lawsuit. According to a Jan. 11 court filing, the regulator has requested the court for an "entry of default" against the decentralized autonomous organization (DAO), stating it had missed the deadline to "answer or otherwise defend" as instructed by the summons. If approved, the entry of default will establish Ooki DAO has failed to plead or defend itself in court and will no longer be able to answer or …

A group of FTX customers has filed a limited objection to FTX’s plan to sell four independently-operated subsidiaries, arguing that they should be privy to the sales process to ensure customer interests are represented. It has also shared concerns that "misappropriated customer funds” may have been used to acquire, or keep these firms running. The limited objection was filed on Dec. 4 by an ad hoc committee of non-U.S. customers, which comprises 18 members who collectively have claims against FTX in excess of $1.9 billion. In its filing, the committee argued that previous public statements by FTX, the Securities and …

Avraham Eisenberg was arrested in Puerto Rico on Dec. 26 on commodities fraud and manipulation charges relating to the $110 million exploit of the decentralized Mango Markets exchange. Eisenberg had self-identified as the actor behind what he called a “highly profitable trading strategy” and insisted that he had taken “legal open market actions, using the protocol as designed.” Eisenberg’s arrest predictably lit up crypto Twitter, with some observers paying particular attention to the fact that commodities fraud charges were being pressed in a case involving a crypto coin: “AVRAHAM EISENBERG, the defendant, willfully and knowingly, directly and indirectly, used and …

Dan Berkovitz, general counsel for the United States Securities and Exchange Commission, said he will be leaving the agency after more than a year. In a Dec. 22 announcement, the SEC said Berkovitz will depart on Jan. 31. A former commissioner with the Commodity Futures Trading Commission, Berkovitz joined the agency in November 2021. At the time, he said he planned to work with SEC chair Gary Gensler on a “regulatory agenda that will enhance investor protection.” "After thirty-four years of public service, it is time for me to pursue new and different challenges and opportunities," said Berkovitz. It's unclear …

The United States Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) have hit former Alameda Research CEO Caroline Ellison and former FTX co-founder Gary Wang with fresh fraud charges. The new charges from the SEC and CFTC come as the pair plead guilty to federal fraud charges filed by the U.S. Department of Justice (DOJ) earlier on Dec. 22. SEC states that Ellison and Wang were charged for their role in the "multiyear scheme to defraud equity investors in FTX,” with the SEC also investigating whether other securities laws were violated as well. The SEC alleges …

Coinbase CEO Brian Armstrong has pushed for stricter regulations on centralized crypto actors, but says decentralized protocols should be allowed to flourish given that open-source code and smart contracts are alrea“the ultimate form of disclosure.” Armstrong shared his views on cryptocurrency regulation in a Dec. 20 Coinbase blog where he proposed how regulators can help “restore trust” and move the industry forward as the market continues to recover from the damage done by FTX and its shock collapse. But decentralized protocols aren’t part of that equation, the Coinbase CEO emphasized. “Decentralized arrangements do not involve intermediaries [and] open-source code and …

Welcome to Law Decoded, your weekly digest of all the major developments in the field of regulation. The FTX drama escalated last week when the Royal Bahamas Police Force arrested its former CEO, Sam Bankman-Fried, at the request of the United States government. Within hours, politicians, crypto executives and influencers had all booted up their Twitter apps to comment on the arrest of the former CEO, who had to miss his testimony before the U.S. Congress. However, the text of SBF’s planned testimony was obtained by the media, wherein he blamed the inclusion of FTX.US in the Chapter 11 bankruptcy …

United States Banking Committee chairman Sherrod Brown has suggested that the Securities Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) should perhaps consider a ban on cryptocurrencies. Brown’s comments were made in a Dec. 18 appearance on NBC’s “Meet the Press” although the Senator quickly added that a ban would be difficult to enforce. “We want them to do what they need to do at the same time, maybe banning it, although banning it is very difficult because it would go offshore, and who knows how that would work.” Earlier, in response to a host's question about Senator …

On Dec. 15 lawyers representing FTX filed a motion with the United States Bankruptcy Court seeking permission to sell off the firm's Japanese and European branches, derivatives exchange LedgerX and stock-clearing platform Embed. The lawyers note that each of these businesses have been under pressure from regulators, which “merit[s] an expeditious sale process,” adding: “The longer operations are suspended, the greater the risk to the value of the assets and the risk of a permanent revocation of licenses.” FTX Japan is currently subject to a business suspension and improvement orders, while FTX Europe has had its licenses and operations suspended. …