On Feb. 13, a federal judge put the Securities and Exchange Commission and the Commodity Futures Trading Commission cases against former FTX CEO Sam Bankman-Fried on hold. You’ll be forgiven if you missed this story — headlines and social media were dominated by the breaking news that the SEC was suing crypto firm Paxos for minting Binance’s stablecoin, Binance USD (BUSD). But we’re not here to debate whether stablecoins are securities. The Howey test has been discussed to death, and while it’s true that few people expect to profit from a token pegged to a fiat currency, the issue is …

The United States Congress needs to take control of crypto legislation to make it a more “open process” where the entire marketplace is looked over “comprehensively,” suggests the chief of the prominent U.S. crypto industry body. In a Feb. 22 Bloomberg interview, Blockchain Association CEO Kristin Smith said the industry needs U.S. lawmakers to lead crypto legislation despite it making the process “very slow” and regulators “stepping in” in the interim. Smith noted that despite regulators “moving very quickly,” progress on legislation is happening “behind closed doors,” suggesting it's vital for more industry involvement in an “open process” which would …

The staking services offered by cryptocurrency exchange Coinbase are “fundamentally different” to what was offered by its peer exchange Kraken — which recently came under fire from the United States securities regulator — according to Coinbase's head lawyer. Paul Grewal, Coinbase’s chief legal officer, made the comments in his response to a shareholder question regarding its staking services during a Q&A session on the exchange’s fourth-quarter results, noting: “The staking products that we offer on Coinbase are fundamentally different from the yield products that were described in the reinforcement action against Kraken. The differences matter.” The first point of difference …

The Proof of Stake Alliance (POSA), a nonprofit industry alliance, has published two white papers examining on the status of deposit tokens in United States securities and tax law on Feb. 21. The papers were authored by representatives of over 10 industry groups. Liquid staking is the practice on blockchains using a proof-of-stake consensus mechanism of issuing transferrable receipt tokens to show ownership of staked crypto assets or rewards accrued for staking. The tokens are often referred to as liquid staking derivatives, which is a term the POSA objected to as being inaccurate, recommending that they be called liquid staking …

Stablecoin issuer Paxos was reportedly discussing the Binance USD (BUSD) stablecoin with the United States Securities and Exchange Commission following a Wells notice from the financial regulator. According to a Feb. 21 Reuters report, Paxos chief executive officer Charles Cascarilla said the firm was “engaged in constructive discussions” with the SEC and would continue to speak in private. The report followed the stablecoin issuer facing a lawsuit from the SEC, in which the regulator alleged BUSD was an unregistered security. Cascarilla reportedly said that Paxos would consider defending its position that BUSD was not a security through litigation. On Feb. …

Institutional investors may have gotten the jitters on crypto in the wake of the regulatory crackdown in the United States, with digital asset investment products seeing the largest weekly outflow of 2023. On Feb. 20, institutional crypto fund manager CoinShares reported that digital asset investment products saw outflows totaling $32 million last week, the largest outflow of the year. This week in Fund Flows, by our Head of Research @jbutterfill : Digital assets see US$32m in outflows, but rising prices push AuM to highest since August 2022. Read the full report - https://t.co/EIXblrOBcL Get a comprehensive view of last week’s …

Shark Tank investor and venture capitalist Kevin O’Leary has urged crypto exchanges to “get on board with regulation” if they want to “stay out of the way” of Gary Gensler and the United States Securities Exchange Commission (SEC). In a Feb. 20 interview with TraderTV Live, O’Leary said that U.S. lawmakers are “fatigued” over crypto collapses and that they’re only going to get more ruthless if companies continue to not comply: “You got to get on board with regulation, you got to stay out of the way of Gensler at the SEC and other regulators. Those hombres [men] in Washington …

The CEO of Composable Finance has vigorously refuted allegations of legal improprieties at his decentralized finance (DeFi) infrastructure platform, which was being aired by the firm's former CTO Karel Kubat. In a Feb. 20 Twitter post, Composable Finance's now-former CTO Karel Kubat announced he had stepped down from the firm. He also leveled a number of accusations aimed at his former company and its CEO. In Kubat’s post, the CTO said that he is resigning because the firm has not provided financial statements to him or the community and because he has no overview of the company’s financial health. He …

New week, a new element of the crypto ecosystem is under attack. This time, the United States Securities and Exchange Commission (SEC) ordered Paxos Trust to stop issuing Binance USD (BUSD) — a dollar-pegged stablecoin. Paxos received a cease order from the New York Department of Financial Services (NYDFS). With no other choice, Paxos announced that from Feb. 21, it would end its relationship with Binance for the branded U.S. dollar-pegged stablecoin BUSD. All existing BUSD tokens will remain fully backed and redeemable through Paxos Trust Company until “at least February 2024.” Customers can redeem their funds in U.S. dollars …

Jesse Powell, the current CEO of crypto exchange Kraken, has called out United States financial regulators for letting “the bad guys” win to suit their agenda. In a Feb. 19 Twitter thread, Powell speculated that U.S. regulators — seemingly including the Securities and Exchange Commission (SEC) — were allowing crypto firms to operate without enforcement actions as a red herring for companies that are their true targets. According to the Kraken CEO, allowing bad actors to “suck up users, revenue and venture capital” available to firms operating in accordance with regulations could effectively destroy the industry — letting competition run …

Non-custodial crypto platform ShapeShift refuted United States Senator Elizabeth Warren’s claims of "illicit financing,” suggesting that she used the platform as a scapegoat to “push” her latest crypto bill, according to a recent statement. ShapeShift stated in a tweet on Feb. 19 that Warren made “mistakes” in her “analysis” of the platform, which were made at a recent senate banking committee hearing entitled “Crypto Crash: Why Financial System Safeguards are Needed for Digital Assets,” on Feb. 14. On Valentine's Day, @SenWarren attempted to use ShapeShift as an example to push her latest crypto bill. Unfortunately, there were mistakes in the …

The CEO of Custodia Bank Caitlin Long has slammed regulators and lawmakers in Washington D.C. for their “misguided crackdown” on the crypto sector, and also for ignoring her warnings of major “fraud” allegedly conducted by now-bankrupted entities. In a Feb. 17 blog post titled “Shame On Washington, DC For Shooting A Messenger Who Warned of Crypto Debacle,” Long tore into the government for its approach to crypto regulation, failing to protect investors and alienating good actors in the space: “Washington’s misguided crackdown will only push risks into the shadows, leaving regulators to play whack-a-mole as the risks continuously pop up …