Law news-Page 39
‘DeFi in Europe has no lobby,’ says co-founder of Unstoppable Finance
Currently, trialogue for the Markets in Crypto Assets (MiCA) and Transfer of Funds (TFR) regulations is underway in the European Commission, the European Parliament and the Council of Ministers, which will be concluded in a few weeks. If adopted, the TFR would, according to experts, impose a vast financial surveillance regime on the European decentralized finance (DeFi), nonfungible token (NFT) and metaverse spaces. This could then lead to companies in those sectors moving elsewhere to avoid regulation. The German DeFi community has not remained silent and has written an open letter to EU decision-makers, which supporters can sign. One of …
Decentralization / May 18, 2022
German BaFin official calls for ‘innovative’ EU-wide DeFi regulation
Birgit Rodolphe, executive director at Germany’s Federal Financial Supervisory Authority (BaFin), has called for innovative and uniform regulation of the decentralized finance (DeFi) space throughout the European Union. BaFin is Germany’s financial regulatory body responsible for regulating banks, insurance firms and financial institutions including cryptocurrency companies. BaFin is the issuer of “crypto custody licenses,” a permit required for firms wanting to offer cryptocurrency services within Germany. In an article on BaFin’s website, Rodolphe warned of the risks to consumers of the unregulated DeFi space and called for standardized regulatory considerations across EU member countries: “One thing is clear: the clock …
Decentralization / May 18, 2022
Crypto users react to Terraform Labs legal team purportedly leaving company
The ongoing saga with Terraform Labs, the blockchain developer behind Terra (LUNA), took a turn following a supposed change in employment status for many on the firm’s legal team. According to their LinkedIn profiles, Terraform Labs general counsel Marc Goldich, chief litigation and regulatory counsel Noah Axler and chief corporate counsel Lawrence Florio have all stopped working for the blockchain firm as of May 2022. Goldich started at Terraform Labs in August 2021 while Axler and Florio joined in January 2022. The change in employment status for three members of Terraform Labs’ legal team followed major volatility in the crypto …
Business / May 17, 2022
US federal judge approves of Justice Dept criminal complaint on using crypto to evade sanctions
The United States Department of Justice may move forward on a criminal prosecution case against a United States citizen who allegedly violated sanctions through cryptocurrency. According to a Friday opinion filing in U.S. District Court for the District of Columbia, the unnamed individual, who is the subject of a criminal investigation by the Justice Department allegedly sent more than $10 million in Bitcoin (BTC) from a U.S.-based crypto exchange to an exchange in a country for which the U.S. currently imposes sanctions — suggesting Russia, Cuba, North Korea, Syria or Iran. The filing alleged the individual “conspired to violate the …
Regulation / May 16, 2022
CBDC activity heats up, but few projects move beyond pilot stage
Government-issued electronic currency seems to be an idea whose time has come. “More than half of the world’s central banks are now developing digital currencies or running concrete experiments on them,” reported the Bank for International Settlements, or BIS, in early May — something that would have been unthinkable only a few years ago. The BIS also found that nine out of ten central banks were exploring central bank digital currencies, or CBDCs, in some form or other, according to its survey of 81 central banks conducted last autumn but just published. Many were taken aback by the progress. “It …
Adoption / May 16, 2022
UK court recognizes NFTs as ‘private property’ — What now?
At the beginning of May, the British Web3 community celebrated an important legal precedent — the High Court of Justice in London, the closest analog to the United States Supreme Court, has ruled that nonfungible tokens (NFT) represent “private property.” There is a caveat, though: In the court’s ruling, this private property status does not extend to the actual underlying content that NFT represents. Cointelegraph reached out to legal experts to understand what this decision could possibly change in the British legal landscape. The theft of Boss Beauties In February 2022, Lavinia D. Osbourne, founder of Women in Blockchain Talks, …
Nft / May 15, 2022
Leaked report: South Korea to establish crypto framework by 2024
The administration of the newly-elected President of South Korea, Yoon Suk-yeol, wastes no time in his drive to maintain the country’s stature as a center for innovation, as South Korea hopes to roll out comprehensive crypto legislation in 2023 and institutionalize the sector by 2024. On Wednesday, South Korean newspaper Kukmin, citing a leaked governmental document, reported that the administration is looking to introduce the Digital Asset Basic Act (DABA) in the next year and to follow it up with more legislation by 2024. The bill is part of the 110 policy aims that the new president introduced earlier this …
Nft / May 12, 2022
5 state regulators allege organization is tied to Russia, scamming users using metaverse casino
Authorities in the U.S. states of Alabama, Kentucky, New Jersey, Texas and Wisconsin have filed enforcement actions against the Flamingo Casino Club for allegedly perpetrating a scam through nonfungible tokens (NFTs) tied to a metaverse casino. In a Wednesday announcement, the Alabama Securities Commission, Kentucky Department of Financial Institutions, New Jersey Bureau of Securities, Texas State Securities Board and Wisconsin Department of Financial Institutions alleged the Flamingo Casino Club has been “fraudulently soliciting NFTs” it claims are tied to ownership rights of a casino in the metaverse, thereby giving token holders a share of any profits. The organization has allegedly …
Regulation / May 11, 2022
US Treasury Secretary reaffirms need for stablecoin regulation following UST crash
United States Secretary of the Treasury Janet Yellen called on U.S. lawmakers to develop a "consistent federal framework” on stablecoins to address risks to financial stability. In a Tuesday hearing of the Senate Banking Committee on the Financial Stability Oversight Council Annual Report to Congress, Yellen reiterated her previous position calling for a regulatory framework on stablecoins, citing a November report from the President’s Working Group on Financial Markets. In addition, the Treasury Secretary commented on TerraUSD (UST), the third-largest stablecoin by market capitalization, dropping to $0.67 in the last 24 hours. “I think [the situation with TerraUSD] simply illustrates …
Regulation / May 10, 2022
UK government targets crypto in latest legislative agenda
The United Kingdom has introduced two bills, both concerning the seizure of and support for cryptocurrencies as part of Prince Charles' remarks at the State Opening of Parliament. In a Tuesday publication released by the U.K. Prime Minister’s Office, the government said it will address crypto regulation in the country with the introduction of the Financial Services and Markets Bill and theEconomic Crime and Corporate Transparency Bill. The former aims to strengthen the country’s financial services industry, including by supporting “the safe adoption of cryptocurrencies.” According to the proposed financial services law, the measure will “[cut] red tape in the …
Regulation / May 10, 2022
Law Decoded: Crypto retirement plans get hot with Warren and Lummis making their moves, May 2–9, 2022
Retirement plans still largely remain at the periphery of both crypto adoption and the regulatory discussion. But last week, a major development emerged in this department. United States Senators Elizabeth Warren of Massachusetts and Tina Smith of Minnesota became concerned about Fidelity’s recent announcement of adding Bitcoin (BTC) to its clients’ 401(k) retirement investment menu. In a letter to the company’s CEO Abigail Johnson, the lawmakers expressed their uneasiness over a “conflict of interests” and the “significant risks of fraud, theft and loss,” requesting from Fidelity a detailed outline of risk mitigation actions. Crypto 401(k) plans are still relatively rare, …
Regulation / May 9, 2022
Nvidia to pay $5.5M as part of SEC case concerning 'inadequate disclosures' around crypto mining
The United States Securities and Exchange Commission, or SEC, has announced that it has settled charges against Nvidia — the company behind graphics cards used by many crypto miners — in regards to “inadequate disclosures.” In a Friday announcement, the SEC said that Nvidia failed to disclose that mining cryptocurrencies was “a significant element of its material revenue growth” based on sales of its graphics processing units, or GPUs, during the 2018 fiscal year. The company has agreed to pay a $5.5 million penalty and will be subject to a cease-and-desist order based on violations of the Securities Act of …
Regulation / May 6, 2022