Regulation news-Page 19
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
ConsenSys releases statement of support for continuation of the Jarrett tax case
ConsenSys issued a statement Feb. 7 in support of the appeal of the of Jarrett v. United States case concerning the taxation of staking rewards. The case originated in a dispute over a refund of about $4,000 that Joshua and Jessica Jarrett claimed on XTZ tokens they validated in 2019. The Jarretts claimed their staking rewards should be treated as property and taxable only on upon their sale. After the U.S. Internal Revenue Service (IRS) ignored their refund claim, the Jarretts filed suit. They issued the refund in 2022, but the Jarretts refused it, preferring to pursue their legal case. …
Regulation / Feb. 7, 2023
Judge denies motion allowing SBF to use messaging apps
A federal judge has denied a joint agreement between Sam Bankman-Fried’s legal team and prosecutors which would have allowed the former FTX CEO to use certain messaging apps. In a Feb. 7 filing for United States District Court for the Southern District of New York, Judge Lewis Kaplan denied a motion proposing Bankman-Fried be allowed to use messaging services including FaceTime, Zoom, and Facebook Messenger. The judge did not provide a reason for denying the motion "without prejudice", but added the matter would be subject to oral arguments in a Feb. 9 hearing. Prosecutors filed a motion in January suggesting …
Regulation / Feb. 7, 2023
Crypto exchanges tackle insider trading after recent convictions
In January, the brother of a former Coinbase product manager was sentenced to 10 months in prison for wire fraud conspiracy in what prosecutors called the first case of insider trading involving cryptocurrencies. In September 2022, Nikhil Wahi entered a guilty plea for executing trades based on private data obtained from his brother, Ishan Wahi, a former product manager for Coinbase. Most countries have laws against insider trading, which carry stiff penalties like jail time and heavy fines. The recent insider trading investigation against crypto exchanges by the United States Securities and Exchange Commission indicates that regulatory bodies are prepared …
Regulation / Feb. 7, 2023
Dubai releases crypto regulations for virtual asset services providers
The Virtual Asset Regulatory Authority (VARA), the regulator in charge of overseeing cryptocurrency laws within Dubai, has issued new guidelines for virtual asset service providers (VASP) operating within the emirate. According to information sent by Irina Heaver, a crypto and blockchain lawyer based in the United Arab Emirates, VARA has issued the “Full Market Product Regulations” which include four compulsory rulebooks and activity-specific rulebooks that lays down the rules for operating VASPs. The rules apply to market participants within Dubai only, with the exception of those operating under the Dubai International Financial Centre (DIFC), a free zone with its own …
Regulation / Feb. 7, 2023
Layer1 CEO alleges co-founder is using majority power to 'ransack' company
The CEO of crypto miner Layer1 Technologies has filed a lawsuit against the firm’s two other board members — including co-founder Jakov Dolic — for allegedly commandeering Layer1's operations for their own gain. Chief executive John Harney and DGF Investments Inc — a British Virgin Islands-based investment firm — filed the lawsuit against Dolic and fellow board member Tobias Ebel in Delaware’s Chancery Court on Feb. 2. The lawsuit alleges that both Dolic and Ebel used a power vacuum at Layer1’s equity parent Enigma to seize control of the Bitcoin mining company and operate it as their own personal fiefdom.” …
Bitcoin / 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
UK's digital pound would modernize payments but won't replace cash: Minister
The Bank of England (BoE) and U.K. Treasury are gearing up plans to create a digital currency that could "provide a new way to pay" without necessarily replacing cash. On Feb. 7, a joint consultation paper on Central Bank Digital Currencies (CBDCs) is set to drop, with the BoE and Treasury seeking feedback on how, and if they should proceed with building a CBDC. In a Feb. 6 public statement, Finance Minister Jeremy Hunt indicated that the two entities would seek to develop a modernized digital payments system that doesn’t necessarily negate the use of cash. "While cash is here …
Regulation / Feb. 7, 2023
Sam Bankman-Fried lawyers reach agreement on use of messaging apps
Sam Bankman-Fried’s (SBF's) lawyers have reached an agreement with federal prosecutors concerning his use of messaging apps. According to a Feb. 6 court document, both parties have agreed SBF “shall not use any encrypted or ephemeral call of messaging application, including but not limited to Signal.” However, under the agreement, the former FTX CEO will be able to access FaceTime, Zoom, iMessage, SMS text, email and Facebook Messenger. He will also be allowed to use the encrypted messaging service WhatsApp but only if “monitoring technology is installed on his cellphone that automatically logs and preserves all WhatsApp communications.” The latest …
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
Bank of Italy selectively encouraging DLT, preparing for MiCA, governor says
The Bank of Italy is looking for new ways to apply distributed ledger technology (DLT) and is preparing for the advent of Markets in Crypto-Assets (MiCA) regulation, bank governor Ignazio Visco told a congress of Assiom Forex, the Italian financial markets association, on Feb. 4. DLT may offer benefits such as cheaper cross-border transactions and increased financial system efficiency, Visco said. The Italian central bank “is focused on the need to identify areas” where DLT can contribute to financial stability and consumer protection. Visco expressed the desire to see regulations that sorted out the crypto-asset market to separate “highly risky …
Regulation / Feb. 6, 2023
FTX CEO testifies on 'pure hell' post-bankruptcy days at exchange
John Ray, who took over as chief executive officer of crypto exchange FTX, has described some of the chaotic experiences at the firm following the company declaring bankruptcy. In testimony for FTX’s case in the United States Bankruptcy Court for the District of Delaware on Feb. 6, Ray said he and other professionals had “carefully” been conducting an investigation into FTX’s activities, due to the company having no physical office. The FTX CEO seemed to be pushing back against a motion to assign an independent examiner to the bankruptcy case, claiming that “inadvertent errors” could result in “hundreds of millions …
Regulation / Feb. 6, 2023