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Cryptocurrency Archive

Archives for June 2023

Elizabeth Lopatto
Elizabeth Lopatto
Some funny goss from the Ripple case.

Before the Binance and Coinbase cases, the big crypto v SEC case was Ripple. Anyway they’ve released some EMAILS around a speech given in 2018 by William Hinman, which suggests that perhaps Ethereum is not a security, and looooooooooool:

“As written, the language remains vague as to whether ETH is a security. If you want to make an affirmative statement that it is not a security, the language could be stronger (i.e., just say it). If you don’t want to take an affirmative stance, we suggest using language similar to what you used for Bitcoin re. the disclosure regime to make it more consistent,” wrote former SEC Director of Trading and Markets Brett Redfearn on June 12, 2018.

Redfearn left comments in a proposed draft of the speech further emphasizing that point, saying parts of it “appear likely to create more confusion about the status of ETH.”

Ripple has a perspective, of course.

Elizabeth Lopatto
Elizabeth Lopatto
Judge in Binance case tells SEC, Binance to compromise on asset freeze.

That’s not all. There may be some hiccups for the SEC:

She also expressed skepticism about the S.E.C.’s use of its enforcement powers to regulate the crypto world, calling it “inefficient and cumbersome.”

Richard Lawler
Richard Lawler
“When a DAO comes into contact with general partnership law, something bad happens.”

That was said by our EIC Nilay Patel on an episode of the podcast Decoder last year about decentralized autonomous organizations.

Now, a lawsuit won by the Commodity Futures Trading Commission (CFTC) against something called Ooki DAO establishes that these crypto-era decentralized finance (DeFi) orgs can be held liable for breaking the law.

CFTC Division of Enforcement Director Ian McGinley:

The founders created the Ooki DAO with an evasive purpose, and with the explicit goal of operating an illegal trading platform without legal accountability.

This decision should serve as a wake-up call to anyone who believes they can circumvent the law by adopting a DAO structure, intending to insulate themselves from law enforcement and ultimately putting the public at risk.

Elizabeth Lopatto
Elizabeth Lopatto
“I’ve always been quite anticapitalist.”

Did you know: Kyle Davies and Su Zhu are surfing and painting still lifes? Also, apparently Davies is thinking about AI. If you are curious about what Davies and Zhu are up to now, the answer is: having a nice time.

If you are more interested in the details of the Three Arrows Capital business and bankruptcy, you might check out a YouTuber instead: Hugh Hendry, whose interviews of Davies get into the guts of the firm.

Jon Porter
Jon Porter
The UK tightens up its rules around crypto ads.

From October 8th, cryptocurrency ads in the UK will have to be clearer about the risks to customers. That could mean telling them they should be “prepared to lose all the money [they] invest,” The Guardian notes. Bonuses for referring friends will also be banned, and a cooling-off period introduced for first time investors under the new rules from the UK’s Financial Conduct Authority.

Elizabeth Lopatto
Elizabeth Lopatto
Uh oh.

Previously: “FTX is fine. Assets are fine.” - Sam Bankman-Fried. “All funds are safe.” - Alex Mashinsky, Stay SAFU out there!

The SEC is trying to freeze Binance’s assetsThe SEC is trying to freeze Binance’s assets
Emma Roth and Elizabeth Lopatto
Elizabeth Lopatto
Elizabeth Lopatto
🚨Levine on the SEC’s 1-2 punch on Binance and Coinbase🚨

The Bloomberg columnist, beloved by Verge staffers, has filed a banger, folks. He begins with a little victory lap and gets funnier from there:

“A decent rule of thumb,” I wrote in March, “is that all cryptocurrency exchanges are doing crimes, and if you’re lucky your exchange is doing only process crimes.”

Coinbase is being sued by the SECCoinbase is being sued by the SEC
Richard Lawler
Elizabeth Lopatto
Elizabeth Lopatto
Okay I’ve hit the prayers for relief.

And I gotta say, the CFTC has the spicier quotes! Still, this was an enlightening read, in that the corporate shenanigans alleged here are yikes yikes yikes. Yikes!

BNB appears to be down about 10 percent on the news, as of this writing.

Elizabeth Lopatto
Elizabeth Lopatto
Some other securities, according to the SEC!

SOL, ADA, MATIC, FIL,ATOM, SAND, MANA, ALGO, AXS, and COTI

Yikesarooney. Binance is not the only exchange that lists many of these. Guess that’s a warning shot?

Elizabeth Lopatto
Elizabeth Lopatto
BUSD is a security?

I was not entirely surprised to see BNB as an unregistered security — lots of reasons why! — but BUSD is theoretically at least a stablecoin. And yet:

From September 2019 through February 2023, Binance offered and sold BUSD to U.S. investors as part of a profit-earning scheme within the Binance ecosystem, touting returns for investors from simply buying BUSD or deploying it in Binance profit-generating programs.

Since its inception, BUSD has been offered and sold as an investment contract and, therefore, as a security.