Law news-Page 13
4 legislative predictions for crypto in 2023
If you saw the returns in my crypto portfolio this year, you would take a pass on my predictions for the direction of the cryptocurrency market. So, I will stick to what I know and share some regulatory predictions for the crypto industry. Few legislative changes A few minor victories will logroll small legislative fixes into “must pass” bills like the defense authorization or omnibus spending bills. The top candidate would be a de minimis exemption for smaller crypto transactions to exempt users from capital gains tax liability every time they purchase a coffee with crypto. The protection for noncustodial …
Regulation / Dec. 20, 2022
South Korean court freezes $92M in assets related to Terra tokens
More than six months after the collapse of the Terra ecosystem, South Korean authorities continue to investigate and freeze the funds of persons involved in Terra. After seizing 140 billion won ($108 million) from Terra co-founder Shin Hyun-Seong in November, the Seoul Southern District Court has recently ruled to confiscate more assets related to Terra. The South Korean court has ordered to freeze of 120 billion won ($92 million) in assets of former and incumbent CEOs of Terraform Labs’ affiliate firm Kernel Labs, The Korea Economic Daily reported on Dec. 20. Founded in 2018, Kernel Labs is a blockchain consultancy …
Regulation / Dec. 20, 2022
Sam Bankman-Fried agrees to US extradition 'to put the customers right': Report
Former FTX CEO Sam Bankman-Fried, currently in the custody of Bahamian authorities, has reportedly agreed to be extradited to the United States to face charges. According to a Dec. 19 report from Reuters, Bankman-Fried’s legal team said it planned to prepare documents to have him reappear before the Bahamas Magistrate Court sometime this week. The former FTX CEO attended an emergency hearing of the court just hours earlier without any seeming adjudication or ruling — he returned to prison following the event. "Mr. Bankman-Fried wishes to put the customers right, and that is what has driven his decision,” reportedly said …
Regulation / Dec. 19, 2022
Crypto’s regulatory fate will be decided in the year ahead
It would be ideal for the industry for Congress to weigh in on its fate rather than leaving it to unelected regulators at the Securities and Exchange Commission (SEC). To that end, representatives from both sides of the aisle have introduced bills designed to offer “regulatory clarity.” The moderate position seems to favor placing crypto mostly under the jurisdiction of the Commodity Futures Trading Commission (CFTC). To be sure, there are two Senate bills in particular that are not ideal. Boozman-Stabenow lacks clarity Democratic Senate Agriculture Committee Chairwoman Debbie Stabenow has coauthored one proposal with Republican Sen. John Boozman. With …
Regulation / Dec. 19, 2022
Next House committee chair reintroduces bill on crypto innovation
North Carolina Representative Patrick McHenry, the current ranking member of the House Financial Services Committee and chair starting in January, has reintroduced legislation aimed at creating innovation offices within government agencies dealing with financial services. In a Dec. 19 announcement, McHenry said he had reintroduced the Financial Services Innovation Act — a bill he previously pushed in 2016 and 2019. The legislation was aimed at creating offices within existing federal financial institutions that could help innovators — including those dealing with crypto and blockchain — a path towards regulatory clarity in the United States. According to McHenry, companies could apply …
Regulation / Dec. 19, 2022
Sam Bankman-Fried wants to see indictment before extradition to US: Report
Former FTX chief executive officer Sam Bankman-Fried, who is currently facing multiple charges related to wire fraud and securities fraud, reportedly said he wanted to see the indictment against him before agreeing to extradition to the United States. Appearing in an emergency hearing of the Bahamas Magistrate Court on Dec. 19 for the first time since his bail was denied, Bankman-Fried reportedly said he was willing to not fight the process required for extradition to the United States but wanted to see all the charges against him. He spent the last week in the Bahamas’ Fox Hill Prison, a facility …
Regulation / Dec. 19, 2022
SEC charges are a tax win for FTX investors who lost cash
FTX founder Sam Bankman-Fried has received official criminal charges after the collapse of his cryptocurrency exchange, which is more than just a moral victory for the exchange’s roughly 1 million individual investors. While not locked in yet, things appear to be on track for these investors to take a more favorable tax position as SBF’s fate continues to unravel. What kinds of losses can FTX investors claim on their taxes? Earlier this fall, it appeared that assets lost in the FTX collapse would be considered a capital loss under the United States tax code for the tax year 2022. This …
Business / Dec. 16, 2022
US Financial Stability Oversight Council urges congressional action on crypto
Officials with the United States Financial Stability Oversight Council, or FSOC, have recommended U.S. lawmakers pass legislation aimed at addressing regulatory gaps for crypto-related activities. In its annual report released on Dec. 16, the FSOC recommended members of Congress pass legislation granting “explicit rulemaking authority for federal financial regulators over the spot market for crypto-assets,” noting that tokens previously identified as securities would be exempt. The council also noted the lack of a comprehensive regulatory framework — specifically addressing stablecoins and visibility and supervision of crypto firms — in the United States. The FSOC cited the recent downfall of crypto …
Regulation / Dec. 16, 2022
FTX liquidators’ legal team urges cooperation with Bahamian authorities amid favoritism allegations
A lawyer representing provisional liquidators overseeing FTX’s assets has pushed back against allegations officials in the Bahamas were using the collapse of the crypto exchange to benefit its residents first. In a Dec. 16 hearing for FTX Trading’s bankruptcy proceedings, White & Case partner Jason Zakia said allegations made by debtors concerning FTX assets and Bahamian authorities were “wholly without merit”. The legal team represented provisional liquidators whose appointments were approved by the Supreme Court of the Bahamas in November and had “no involvement” in the downfall of FTX prior to its bankruptcy, according to Zakia. “In any international case …
Regulation / Dec. 16, 2022
Silvergate faces class-action lawsuit over FTX and Alameda dealings
A class-action lawsuit against Silvergate Bank, Silvergate Capital Corporation and Silvergate CEO Alan Lane was filed at the California Southern District Court concerning accounts held by embattled crypto companies FTX and Alameda Research. The suit aims to hold Silvergate accountable for its alleged roles in placing FTX user deposits into the bank accounts of Alameda, which caused panic within the crypto market, eventually leading to both firms declaring bankruptcy. The lawsuit was filed by the plaintiff Joewy Gonzalez on behalf of himself and others in the same situation. According to the suit, the plaintiff invested his savings in crypto through …
Regulation / Dec. 16, 2022
SBF reportedly files new bail application in the Bahamas Supreme Court
Sam Bankman-Fried, the jailed founder of bankrupt cryptocurrency exchange FTX has reportedly filed a new application for bail in the Bahamas Supreme Court following his previous unsuccessful bail bid. Local media on Dec. 15 reported the founder submitted the application and that it would be heard before the court in just over one month's time on Jan. 17, 2023. However it did not cite any sources. Previously, on Dec. 13, Bankman-Fried’s lawyers had argued for him to be let out on bail set at $250,000 as he had no prior convictions and was suffering from depression and insomnia. The presiding …
Regulation / Dec. 16, 2022
Finder.com sued by Australian regulator over its crypto yield product
Financial product comparison website Finder.com is being sued by Australia’s financial services regulator for allegedly offering a cryptocurrency yield-bearing product without the required license. It’s the second local provider of a crypto yield product to be targeted by the regulator, following action against Block Earner in November The Australian Securities and Investments Commission (ASIC) began court proceedings on Dec.15 local time against Finder.com’s subsidiary and locally registered digital currency exchange Finder Wallet. ASIC alleged the Finder Earn product was an unlicensed financial product and that theFinder Wallet breached product disclosure requirements and failed to comply with obligations pertaining to distributing …
Regulation / Dec. 16, 2022