The Gap Between The Crypto Industry And Regulators Has Never Been Wider

For the past five years, cryptocurrency entrepreneurs have been in fierce disagreement with U.S. regulators over an existential question: whether certain digital assets are securities, or investment contracts that need to be registered with the Securities and Exchange Commission. The stakes are high–if a cryptocurrency is deemed a security in a U.S. court, it basically dies in the American crypto ecosystem. That’s because it can’t currently be traded on any cryptocurrency exchange, since none of them has a national securities exchange license.

Two weeks ago, the SEC filed a complaint in federal court asserting that nine tokens available to trade on Coinbase were securities, and the decree initially sounded like a step toward more regulatory clarity. But the SEC didn’t explain what makes the tokens different from other cryptocurrencies, and after the complaint came out, Coinbase published a blog post titled, “Coinbase does not list securities. End of story.” The episode was just the latest sign that the gap between the industry and regulators has never been bigger.

“The SEC chairman has publicly asserted that digital assets other than bitcoin are securities,” says Jai Massari, a former partner at law firm Davis Polk and now chief legal officer at blockchain startup Lightspark. Yet crypto companies have “necessarily taken the position that digital assets are generally not securities,” she says. It’s a stunning place for an industry to be, with near 100% disagreement between regulators and companies on a foundational question. “How this plays out in the coming months will shape the future of much of the existing crypto industry,” Massari says.

Until now, the SEC has kept an arms-length distance from defining which cryptocurrencies are securities, providing ambiguous guidance in public and private meetings with companies, according to securities lawyers Forbes spoke with. In its recent claim that nine Coinbase-listed tokens are securities, it invoked a set of guidelines called the Howey Test to make its argument. But the test is too vague and malleable to produce clear results, Massari and Davis Polk partner Joe Hall have written. Meanwhile, the cryptocurrency industry has kept marching forward with the implicit belief that few digital assets are securities.

In January 2021, when President Biden selected Gary Gensler as the new chairman of the SEC, many in the industry pointed out that Gensler had taught a blockchain course at MIT and hoped he’d provide more regulatory clarity on which digital assets are securities. But that hasn’t happened, and it’s largely because of the political muck Gensler would find himself in if he did so, says Joe Hall, who has been a Davis Polk partner for 23 years and has been working on crypto regulation since 2013.

“When there’s a trillion-dollar market, any SEC chairman has to know that if he or she wades into that, it can be completely consuming and put them in the middle of a food fight between traditional financial services and crypto companies. Those are the worst kinds of fights to be in,” he says. “You have vested interests on both sides. It can consume an incredible amount of time and resources … you have to deal with your overlords on Capitol Hill.”

The “Pottery Barn rule”—a principle of “you break it, you buy it”–also exacerbates the situation for regulators. If the SEC says a certain cryptocurrency isn’t a security, it’s treated like an endorsement, attorneys say. Later on, if something goes awry with the asset and consumers lose a lot of money, Gensler will be heavily criticized by congressional oversight committees and the media, according to Hall.

“It’s easy to criticize the SEC from the outside,” Hall adds. “But I know exactly why they’re doing it. There is just no benefit from the point of view of an individual to stick your neck out and actually try to solve the problem. It’s much easier to bring enforcement actions against people for violating the laws.” An SEC spokesperson declined to comment for this article.

As crypto companies keep operating despite the risk of SEC enforcement actions, Hall doesn’t think those businesses are acting naively, or that they believe they can safely ignore what the SEC is doing. For better or worse, they’re just moving ahead despite the risks and uncertainty. “If you weren’t willing to live with regulatory uncertainty, there’s just no way you could operate in the business,” he says.

More recently, crypto companies have developed the financial strength and confidence to go head to head with the SEC. In late June, crypto asset manager Grayscale sued the SEC for failing to allow the company to convert the Grayscale Bitcoin Investment Trust (GBTC), a bitcoin-based investment vehicle that it released in 2013, into a spot bitcoin exchange-traded fund (ETF), which would make the investment more accessible to the average U.S. investor.

How will the fundamental disagreement between regulators and the industry get resolved? “There’s no point in hoping that anyone at the SEC or a change in guard will result in the cavalry riding in,” Hall says. “We really need to turn to Congress to solve it.”

I lead our fintech coverage at Forbes and also cover crypto. I edit our annual Fintech 50 and 30 Under 30 for fintech, and I’ve written frequently about leadership and corporate

Source: The Gap Between The Crypto Industry And Regulators Has Never Been Wider

Critics by

There are a number of technology and finance experts who say that cryptocurrency is a purely speculative asset, and one that serves no real purpose. And this month, a group of them wrote a letter to leaders in Congress, asking that they: “Ensure that individuals in the U.S. and elsewhere are not left vulnerable to predatory finance, fraud, and systemic economic risks in the name of technological potential which does not exist.”

One of the signatories was Molly White, a software engineer who runs the blog Web3 Is Going Just Great, which documents instances of fraud and catastrophe in the crypto universe. And she is not a fan of the new bill. “It is very much what I think the cryptocurrency industry was hoping to see from regulators, which is a very limited set of regulations applied to the industry,” she said.

Some in the industry have responded positively so far. The Crypto Council for Innovation called it a significant step forward, and the Blockchain Association called it a “milestone moment.”

White says cryptocurrencies aren’t like traditional commodities like wheat or oil, so the CFTC shouldn’t be the main regulatory muscle.”Cryptocurrencies are more like securities because people broadly put money into them hoping for a return on their investment,” White said. “And when someone is engaging with something as an investment, that’s a good sign that it should go to the SEC.”

What’s more, White said the CFTC simply wasn’t equipped to handle the workload — even if the bill allows the CFTC to impose a fee on digital asset exchanges to help fund its large role.”There would need to be a major change in the amount of resources going to the CFTC for them to suddenly take on this enormous and much broader set of issues than they’ve dealt with in the past,” she said. “And the SEC is frankly just more experienced in this field already.”

Related contents:

Crypto regulation: US and UK regulators join hands Cryptopolitan

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Apple And Google Are Hosting Fake Crypto Apps Designed To Defraud Investors


In recent years, apps that enable cryptocurrency fraud have popped up on Apple’s App Store and on Google Play. In some cases, they’re meant to spoof legitimate apps and trick users into giving up their login credentials, while others provide a medium to false exchange platforms. In either case, real people are getting their crypto stolen.

On Thursday, the chairman of the Senate Banking Committee sent nearly identical letters to Apple and Google, seeking explanations as to how these tech giants are evaluating and ultimately allowing these types of trading apps that seemingly enable cryptocurrency fraud. The letters came hours before the committee held a hearing on “scams and risks in crypto and securities markets.”

Neither Apple nor Google immediately responded to a request for comment, but both companies do not allow apps to impersonate bona fide apps or to engage in illegal or fraudulent activity. However, last month, Apple said it stopped nearly $1.5 billion in fraudulent transactions in 2021, and noted that its App Store is the “safest place to find and download apps.”

Chairman Sen. Sherrod Brown (D-Ohio), who authored the letters, noted that it is “imperative” that app stores have “proper safeguards” to mitigate fraud. The companies have until August 10 to respond.One such app, known as Metatrader 5, which is still available on both companies’ app stores, has been linked to alleged cryptocurrency scams.

Often, a scammer will begin to lure a victim through an unsolicited text message or a message on LinkedIn. Sometimes they start messaging a victim on a dating app. After engaging the person in conversation for a time, the scammer will usually direct their victim to buy cryptocurrency from a legitimate company, like Coinbase, and then instruct the victim to send it to a purported exchange mediated through an app like Metatrader.

There, the attacker can lure the victim into believing that they have made profits. However, when the victim tries to withdraw their money, they will ultimately find that they cannot do so. One California-based victim, whose identity Forbes is withholding at his request, said that after he lost $1.2 million late last year via a scam and purported trades made on Metatrader, he had suicidal thoughts.

“On my way to my parents’ house in San Francisco, I had this thought of ramming the car into a barrier and just let that be and let God decide whether I would live through this or I would die,” he told Forbes. Metatrader’s website lists no phone number for any of its offices around the globe. Forbes left a message on what appears to be its Cypriot headquarters voicemail and sent emails to multiple email addresses linked to the company. The company did not immediately respond.

Earlier this month, the FBI issued a formal warning to the public, noting that at least 244 victims had collectively lost $42.7 million through such fake apps. According to the Federal Trade Commission, related losses from romance scams, many carried out using online dating sites, have “skyrocketed” recently. Last year, reported losses reached an all-time high of $547 million. A subset of these romance scams involve cryptocurrency, and are sometimes known as “pig butchering” scams, in which victims are enticed to put in more and more money into a fraudulent crypto app—fattening them up—before the scammers abscond with vast sums of cryptocurrency.

The FTC also reported that in 2021, crypto payments to scammers jumped five-fold—reaching $139 million—between 2020 and 2021. Last month, the Global Anti-Scam Organization, an advocacy group, told Forbes that it is extremely rare for victims to be able to recover their lost funds. “I’ve talked to 50 people in the last six months,” said Arlo Kipfer, a Seattle attorney who has also consulted with scam victims on how to move forward. “The most heartbreaking thing is they bleed the victims dry—the odds of recovery are still low.”

I cover Silicon Valley — in particular surveillance technology and artificial intelligence — from beautiful Oakland,

Source: Apple And Google Are Hosting Fake Crypto Apps Designed To ‘Defraud Investors,’ Senator Says

Critics by

The United States Federal Bureau of Investigation (FBI) has issued a public warning about fraudulent cryptocurrency applications, which have swindled U.S. investors out of an estimated $42.7 million so far. According to an advisory published on Monday by the securities and intelligence agency, cybercriminals have created apps using the same logos and identifying information as legitimate crypto companies to defraud investors. The FBI noted that 244 people had already fallen victim to these fake apps.

One case saw cyber criminals convincing victims to download an app that used the same logo as an actual U.S. financial institution, encouraging them to deposit cryptocurrency into wallets purportedly related to their accounts. When victims attempted to withdraw from the app, they would be asked to pay taxes on their withdrawals. However, this was just another ruse to part more funds from victims, as even if they made the payments, the withdrawals would continue to be unavailable.

Around $3.7 million was defrauded from 28 victims between December 2021 and May 2022, said the FBI. Another similar operation saw cybercriminals operating under the company name “YiBit,” defrauding at least four victims of around $5.5 million between October 2021 and May 2022, using a similar method of deceit. A third case involved criminals operating under the name “Supay” in November 2021. They defrauded two victims by encouraging them to deposit cryptocurrency into their wallets on the app, which would then be frozen unless more funds were deposited.

Warnings about fraudulent apps have also made the rounds on Crypto Twitter. One user said a friend recently fell victim to a scam that started on the online messenger service WhatsApp, which encouraged the victim to download a fake crypto app and load funds into the app’s wallet. A week later, the crypto app vanished.

Another user says they have fallen victim to a fake Ledger Live crypto wallet app, reportedly called “Ledger Live Plus,” in the Microsoft app store. The user claims the fraudulent app has already stolen $20,000 from him.  Earlier this year, cybersecurity firm ESET uncovered a “sophisticated scheme” that would distribute Trojan applications disguised as popular cryptocurrency wallets. These applications would then attempt to steal crypto assets from their victims. 

Last year, a scam cryptocurrency app dressed up as a mobile Trezor app on Apple’s App Store reportedly led to one user losing $600,000 in Bitcoin (BTC) at the time. A report from the United States Federal Trade Commission (FTC) in June 2022 found that as much as $1 billion in crypto has been lost to scammers since 2021, with nearly half of all crypto-related scams originating from social media platforms.

The FBI has recommended crypto investors be wary of unsolicited requests to download investment apps, verify an app (and the company) is legitimate, and treat apps with limited and/or broken functionality “with skepticism.”

Related contents:

Apple And Google Under U.S. Senate Scrutiny For Crypto App Fraud Bitcoinist.com

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Bankman-Fried Warns: Some Crypto Exchanges Already “Secretly Insolvent”

fter throwing lifelines to troubled digital currency platforms BlockFi and Voyager Digital, Sam Bankman-Fried, the 30-year-old billionaire founder of FTX, warns that some crypto exchanges will soon fail. The question on everybody’s mind in the crypto world is whether we’ve reached the market bottom. Nearly $2 trillion in crypto market value has evaporated since November.

Two bellwether digital assets Luna, a $40 billion crypto asset associated with TerraUSD, a $16 billion stablecoin designed to maintain parity with the U.S. dollar, have collapsed. Earlier this month bitcoin traded for below $20,000, its lowest level since December 2020. But the fallout is far from complete. Earlier this month, Singapore-based Three Arrows Capital (3AC), a highly levered crypto trading firm with $200 million of exposure to Luna revealed that it was nearly insolvent.

Three Arrows’ had borrowed large sums from numerous crypto firms including New Jersey’s Voyager Digital and New York-based BlockFi. In order to survive Three Arrows default, the two digital asset exchanges turned to billionaire Sam Bankman-Fried, founder of FTX and the richest person in crypto, worth some $20.5 billion. Between FTX and his quantitative trading firm Alameda, he provided the companies with $750 million in credit lines.

There is no guarantee that Bankman-Fried will recoup his investment. “You know, we’re willing to do a somewhat bad deal here, if that’s what it takes to sort of stabilize things and protect customers,” he says. We’re willing to do a somewhat bad deal here, if that’s what it takes to sort of stabilize things.”

Bankman-Fried’s cash infusions are far from altruistic. He has emerged as a smart vulture capitalist in the beleaguered crypto market, knowing full well that his own fortune depends on its healthy rebound and growth. Bankman-Fried has also bought into crypto brokerage Robinhood, where FTX has already accumulated a 7.6% stake, and is rumored to be considering an acquisition.

Bankman-Fried denies any active merger talks with Robinhood but tells Forbes that more crypto exchange failures are coming. “There are some third-tier exchanges that are already secretly insolvent,” says Bankman-Fried. Fried’s FTX, along with Coinbase, Kraken and Binance, are giants among digital asset exchanges. They have millions of customer accounts and functionally they operate similarly to online stock brokerages. But outside of these whales, there are more than 600 crypto exchanges around the world operating in a largely unregulated frontier.

Never heard of AAX, Billance and Hotbit? You aren’t alone, but like Coinbase they trade bitcoin, ether and dogecoin and offer generous margin loans–as much 20 times their initial capital— to their clients. Lacking any meaningful regulatory oversight many crypto exchanges have been vulnerable to scammers and hacks.

Japanese exchange Coincheck was hacked for $530 million in crypto in 2018, Singaporean exchange KuCoin lost $275 million in 2020, and then in December 2021 Cayman Island-based Bitmart was breached for $200 million. Back in 2016, Bitifinex was hacked to the tune of nearly 120,000 bitcoin worth $2.5 billion now.

But, despite the generous bailouts, not even Bankman-Fried is able, or willing, to throw good money after bad in perpetuity. “There are companies that are basically too far gone and it’s not practical to backstop them for reasons like a substantial hole in the balance sheet, regulatory issues, or that there is not much of a business left to be saved,” says Bankman-Fried, who declined to name any specific crypto exchanges.

As Forbes reported in its analysis of the world’s best 60 crypto exchanges, the digital asset exchange business generally lacks standards to certify a new entity before or after they start soliciting client funds. The SEC doesn’t regulate the exchanges and the Commodities Futures and Trading Commission has oversight of only a handful of crypto derivatives markets. In the United States there is no member organization like FINRA to self- regulate crypto exchanges.

Bankman-Fried is worried about continued failures because during the euphoria of rising crypto prices, exchanges kept upping the ante to attract customers with generous yields for deposits. BlockFi or Voyager were promising yield payments to customers, upwards of 12% per year that had to be paid for either by charging at least that much more interest to borrowers or more likely, by putting that money to work in decentralized finance DeFi applications.

That worked fine when crypto was going nowhere but up. It looks disastrous now. “There are companies that are basically too far gone and it’s not practical to backstop them.”

Like J.P. Morgan during the stock market panic and crash of 1907, Bankman-Fried is taking advantage of the crypto chaos to expand his empire. He recently closed the acquisition of Liquid, a troubled Japanese exchange. BlockFi and Voyager Digital are in his grip and despite his denials, Robinhood may be next. According to sources familiar with his loans to Voyager, Alameda is likely to lose at least $70 million of the credit it has already extended. In 2021, publicly-traded Voyager’s Digital had a market value of more than $3 billion.

Today it shares trade for pennies and its market cap of $62 million points to an imminent bankruptcy filing. Despite the carnage, Bankman-Fried tells Forbes that FTX remains profitable and has been for the past 10 quarters. FTX’s biggest rival Coinbase lost $432 million in the first quarter of 2022 and its stock is down almost 90% from its all-time high.

Bankman-Fried also has his eye on crypto miners, many of whom leveraged their balance sheet at breakneck pace to quickly scale and take advantage of this 21st century digital gold rush. The stocks of publicly-trading crypto miners including Marathon Digital Holdings and Riot Blockchain are down more than 60% year to date.

One bellwether crypto asset Bankman-Fried is not worried about is Tether, world’s largest dollar-pegged stablecoin with a market cap exceeding $70 billion. Many industry watchers have deemed it a ticking time bomb with questionable collateral whose failure would almost certainly be an existential threat to the entire cryptocurrency market. Tested during the Luna collapse Tether briefly lost its $1 peg and fell to a price 95 cents. However, it successfully processed over $10 billion worth of withdrawals and has since recovered.

Says Bankman-Fried, “I think that the really bearish views on Tether are wrong…I don’t think there is any evidence to support them.”

Steven Ehrlich

I am director of research for digital assets at Forbes. I was recently at Kraken, a cryptocurrency exchange based in the United States.

Source: Bankman-Fried Warns: Some Crypto Exchanges Already “Secretly Insolvent”

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07:42

A Crypto Bankruptsy Could be Investors Nightmare

Source: https://vigourtimes.com

quintex2

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Bitcoin Brice Trades Around $21,000 As Crypto Firms Announce Layoffs

Cryptocurrencies have been sinking along with other higher-risk assets as the Federal Reserve steadily reverses the aggressive monetary policies it adopted earlier in the coronavirus pandemic. Lately, its efforts to raise interest rates to combat surging inflation have further dented investors‘ risk appetite. The market value of the entire crypto sector has fallen to less than $1 trillion from about $3 trillion in November, according to CoinMarketCap. Those falls reflect a significant drop in trading activity and momentum, and until that turns around, industry players like Coinbase are likely to remain under pressure, said KBW Managing Director Kyle Voigt.

Coinbase Chief Executive Brian Armstrong said the company had grown too quickly, expanding from about 1,250 employees at the start of last year to around 5,000 currently. “We saw the opportunities but we needed to massively scale our team to be positioned to compete in a broad array of bets,” he wrote in a note to staff. “While we tried our best to get this just right, in this case it is now clear to me that we over-hired.”

Ticker Security Last Change Change %
COIN COINBASE GLOBAL INC. 51.58 -0.43 -0.83%

The price of ether, the in-house currency of the Ethereum network, fell 4.5% to $1,187.30, its lowest close since Jan. 21, 2021. Over the weekend, the price fell below $1,360, the early 2019 high from the previous cycle. Other cryptocurrencies were mixed. Cardano fell 1.9%, but Solana was up 1.3% and Stellar was up 0.5%.

Source: Bitcoin price trades around $21,000 as crypto firms announce layoffs | Fox Business

BlockFi, a platform for trading and lending cryptocurrency, announced via a blog post on Monday that it’s laying off 20 percent of its 850 employees — around 170 to 200 people. CEO Zac Prince said in a Twitter thread that the layoffs can be traced to a “dramatic shift in macroeconomic conditions” and BlockFi’s push to become profitable.

It’s not the only crypto company letting workers go. On Friday, Crypto.com (the company with the Super Bowl ad featuring LeBron James) announced that it’s laying off around 260 workers, or around 5 percent of its workforce, according to a Twitter thread from its CEO, Kris Marszalek.

The layoffs come as the crypto market is struggling as a whole. The value of Bitcoin and Ethereum have been falling throughout Monday morning, and Celsius, a lending platform, has halted withdrawals, citing “extreme market conditions.” (BlockFi has specifically said that it has “no exposure to Celsius” on Twitter.) Binance, a large crypto exchange, paused Bitcoin withdrawals for about three hours, citing a technical issue, and within the past few months, we’ve seen coins like Terra essentially go to zero.

Crypto firms have struggled to weather the storm. Coinbase announced that it was slowing hiring in May and reportedly rescinded over 300 job offers the next month; several other companies, like Gemini, Mercado Bitcoin, and Bitso have also had to lay off at least 10 percent of their workers within the past month.

BlockFi says in its post that the layoffs come after a period of explosive growth. The company says it had “about 150 employees” at the end of 2020 and has since grown to a headcount of “over 850.” After the layoffs, however, the company will be down to around 600 employees.

Similarly, Crypto.com was riding high just a few short months ago. In November 2021, it reportedly paid $700 million to plaster its name onto a sports arena in Los Angeles, which was formerly known as the Staples Center. “In the next few years, people will look back at this moment as the moment when crypto crossed the chasm into the mainstream,” Marszalek told the Los Angeles Times when the naming deal, which is supposed to last for 20 years, was announced.

It’s easy to see why crypto companies have been hiring; the space has exploded during the pandemic with prices for major coins rocketing up, NFTs exploding onto the scene, and celebrities and companies alike hyping the blockchain. But, as 2022 has worn on and interest rates have gone up, the growth has started to reverse; trillions of dollars in value have been wiped out from the crypto market, NFT sales have slumped, and companies, including BlockFi, have run into trouble with regulators as governments try to figure out how to handle crypto. Not everyone who bought the boom has made it, and many in the space are predicting a “crypto winter.

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