Senate Crypto Caucus Convenes; Reviewing Oil Versus Digital Assets Sanctions

crypto caucus

crypto caucus – Senate

The Senate version of the House’s dormant Congressional Blockchain Caucus awakened last week with a revealing photo op. Known as the “Financial Innovation Caucus,” it was originally founded by Sen. Cynthia Lummis (R, WY) and Kyrsten Sinema (I, AZ)see the Caucus landing page.

The Caucus’ X account announced in a tweet on Friday that senators had gathered together with a16z crypto venture investor Chris Dixon, who released a new web3 book at the beginning of the year called, “Read, Write, Own”:

“This week, [Chris Dixon] joined the Financial Innovation Caucus for a bipartisan discussion about the importance of crypto assets and the need for the U.S. to be a world leader in regulatory clarity for crypto assets.”

Sen. Lummis office confirmed to blockchain tipsheet:

“Since she arrived in the Senate in 2021, Senator Lummis has been committed to helping educate her colleagues on a host of issues related to bitcoin, crypto, web3 and blockchain in general. Mr. Dixon recently published a new book on the evolution of the internet as well as the role blockchain technology can play in countering the overreach of big tech, so Senator Lummis invited him to meet with her colleagues to discuss.”

“The overreach of big tech” – that’s something that appeals to both sides of the Senate aisle

Senators who were present for the Caucus meeting included:

    • Sen. Lummis and Sen. Kirsten Gillibrand (D, NY) who co-sponsor the Lummis-Gillibrand Responsible Financial Innovation Act (RFIA) [S.2281]
    • Rep. Wiley Nickel (D, NC) – A member of House Financial Services, Nickel has supported both the stablecoin [H.R.4766] and digital asset market structure [H.R.4763] bills awaiting votes on the House Floor.
    • Sen. Ted Budd (R, NC) – He supported digital assets legislation consistently as a Member of House Financial Services and became a Senator in the 118th Congress.
    • Sen. John Thune (R, SD) – co-sponsor of the now-defunct Digital Commodity Consumer Protection Act (DCCPA) [S.4670] from the 117th Congress. Thune is also the Senate Minority Whip.
    • Sen. John Cornyn (R, TX) – considered pro-crypto and has sponsored introduction of legislation dealing with crypto’s use on the Dark Web [S.1728].
    • Sen. John Barrasso (R, WY) – Sen. Lummis fellow Wyoming Senator. Member of the Senate Finance Committee where Lummis-Gillibrand’s RFIA is currently assigned. Also, he’s Ranking Member of Senate Energy and Natural Resources.
    • Sen. Ron Johnson (R, WI) – Member of Senate Finance Committee.
    • Sen. Roger Marshall (R, KS) – Member of Senate Agriculture with Sen. Gillibrand. See more below.

Continue reading “Senate Crypto Caucus Convenes; Reviewing Oil Versus Digital Assets Sanctions”

IRS Featuring Digital Assets; Congress Eyes Legislative Vehicle For Stablecoins

taxes

the digital asset question

With the IRS’ tax deadline this coming Monday, yesterday’s issue of the IRS Newswire newsletter (see it) reminded taxpayers that they need to report crypto as well as any other digital asset transactions on their tax return. The newsletter says, “The Internal Revenue Service reminds taxpayers they must answer the digital asset question and report all digital asset related income when they file their 2023 federal income tax return. Taxpayers should also keep these reporting guidelines in mind for 2024.”

If you haven’t heard about “the question,” it is labeled “Digital Assets” and is located 8 lines from the top of tax filing form, Form 1040. See it (PDF).

The question reads, “At any time during 2023, did you: (a) receive (as a reward, award, or payment for property or services); or (b) sell, exchange, or otherwise dispose of a digital asset (or a financial interest in a digital asset)?” “Yes” or “no” are your choices for response.

Read the IRS digital assets info page.

what you should know: Rep. Brad Sherman (D, CA) must love the IRS’ special attention to digital assets in Form 1040. Sherman has been critical of Treasury in the past regarding not moving fast enough to tax the “crypto bros” especially as it relates to the gray area of the crypto “wash sale” rule. At a June 2023 House Financial Services hearing with Treasury, Sherman told Secretary Yellen, “The SEC has proved they’re not afraid of the crypto bros. I know you’re not afraid of the crypto bros. I hope the IRS is not afraid of them. When are we going to see these regulations so that if you make a profit on selling your crypto you at least have to pay taxes on it?” Continue reading “IRS Featuring Digital Assets; Congress Eyes Legislative Vehicle For Stablecoins”

‘Transformative’ Uniswap And DeFi Prepare For SEC Battle; TradFi’s Illicit Finance Problem

fighting for defi

SEC targets Uniswap, DeFi

Wells Notice alert…

It appears that much like Coinbase and Kraken, decentralized crypto exchange Uniswap, has received a warning – a Wells Notice – that a formal action against the company by the Securities and Exchange Commission (SEC) is imminent.

According to Uniswap, the charge appears to be that the company is running an unregistered exchange. See the Uniswap blog post which provides a full-throated Uniswap defense on why they aren’t culpable: “We are confident that the products we offer are not just legal – they are transformative.”

Fortune’s Jeff John Roberts discusses the news, “The impending Uniswap lawsuit comes at a time when the crypto industry has loudly complained the SEC has been operating in bad faith when it comes to the sector, pursuing enforcement actions despite clear rules while failing to account for crypto’s distinct blockchain-based technology.” Read more.

Uniswap  COO Mary-Catherine Leder commented on X yesterday after the news broke, “Uniswap is an upgrade to the financial system, whether the SEC recognizes it or not. I bought my first bitcoin in 2011, started BlackRock’s crypto efforts in 2015 and left TradFi in 2021 to go all in on DeFi as COO of Uniswap Labs. I did that because I believe onchain markets will be better markets.”

She continued, “The tech can be complex, but the values are simple. Traditional markets rely on who you know. In DeFi, access is equal. $2 [trillion] in volume, no hacks. 16m wallets. Self-serve markets on blockchains are a technical reality, and they aren’t going away. It’s a better system, and we’re going to fight to protect it.” See her tweet.

more tips:

what you should know: This impending enforcement action by the SEC could be introducing a wild card among voters in November – the DeFi vote. It seems inconceivable that this action will incite anyone from the anti-crypto side of voters. But, pro-crypto voters – particularly the subset using DeFi – could be further encouraged to seek favorable candidates and platforms.

Continue reading “‘Transformative’ Uniswap And DeFi Prepare For SEC Battle; TradFi’s Illicit Finance Problem”

Rallying The Crypto Troops For The Election; More House Financial Services Hearings

More hearings

rallying the troops

CoinDesk’s Jesse Hamilton covered the appearance of Senator Cynthia Lummis (R, WY) at yesterday’s Bitcoin Policy Institute conference in Washington, D.C.

According to Hamilton, Lummis “said that the high-stakes Ohio election that could decide both the Senate majority and the leadership of the Senate Banking Committee (Chair Sherrod Brown (D, OH)) is likely to dig into cryptocurrency issues, and she encouraged industry insiders to make sure it does.” Read more.

Sen. Lummis is a member of the Senate Banking Committee and has openly supported Brown’s opponent for his U.S. Senate seat in November, Bernie Moreno.

more tips:

    • From Bitcoin Policy Institute conference: Key Congressman McHenry Is Bullish U.S. Stablecoin Law Will Pass This Year – CoinDesk

new hearings

House Financial Services Chair Patrick McHenry (R, NC) announced two new hearings for next week – both with potential implications for digital assets.

On the morning of Tuesday, April 16, HFS’ National Security, Illicit Finance, and International Financial Institutions Subcommittee led by Chair Blaine Luetkemeyer (R, MO) will hold a hearing titled, “Held for Ransom: How Ransomware Endangers Our Financial System”.  See hearing page. Continue reading “Rallying The Crypto Troops For The Election; More House Financial Services Hearings”

Crypto Bills Await House Floor Votes; Senators Tillis, Hagerty Intro AML Discussion Draft

crypto bills

crypto bills update

With the clock ticking on the 118th Congress, Politico’s Morning Money reported yesterday that a House floor vote – originally planned for Q4 2023 and interrupted by the Speaker switch – is now expected sometime in the current calendar quarter for the digital asset market structure bill [H.R.4763]. Majority Whip Tom Emmer (R, MN) is also trying to add elements of his “Securities Clarity Act” [H.R.3572] which Politico says “runs the risk of hurting what’s already proven to be narrow Democratic support for the underlying legislation.” And, the Whip’s “CBDC Anti-Surveillance State Act” [H.R.5403] may also complicate matters. Meanwhile, the stablecoin bill [H.R. 4766] is still in the same place it was last month -waiting for a “legislative vehicle.”

Read more.

what you should know: Speaker Mike Johnson (R, LA) would appear to be a wild-card in the process. He’s not the technology advocate that former Speaker Kevin McCarthy (R, CA) was. Also, House Financial Services Chair Patrick McHenry (R, NC) has shared some criticism of Johnson which may create additional friction within the Republican caucus and with McHenry’s digital assets agenda. Continue reading “Crypto Bills Await House Floor Votes; Senators Tillis, Hagerty Intro AML Discussion Draft”

Anti-Money Laundering Bills May Get New Life; Tornado Cash, Code And Culpability

mixing services

Senate Banking – tomorrow

Tomorrow’s Senate Banking hearing, “An Update from the Treasury Department: Countering Illicit Finance, Terrorism and Sanctions Evasion,” with Deputy Treasury Secretary Wally Adeyemo could rekindle a series of bills which are intended to address relevant digital assets anti-money laundering (AML) shortcomings.

See tomorrow’s hearing page. Proceedings begin at 10 a.m. ET.

To be clear, digital assets has yet to be announced as a main focus of the hearing. But given the past history of Ayedemo and the Banking Committee’s Democratic leaders, a digital assets discussion seems inevitable.

Bills from Democratic Banking panel members who have been critical of crypto include:

Banking Chair Sherrod Brown (D, OH), who may have an AML bill of his own, said back in January that his committee would look back into the AML/digital assets issues again. Still, movement on the bills has slowed and this is in spite of the fact that that financing of terrorist organization Hamas and the October 7 terrorist attack in Israel had seemingly given the AML bills new momentum. (See Sen. Warren’s letter on “crypto-financed terror” signed by 100 Dems in October.)

Chair Brown – like many lawmakers – has likely been bogged down by his own re-election campaign.

what you should know: Also in play will be the use of sanctions and its effectiveness against terrorists using crypto. As she did in January on X, Senator Warren may cite the Government Accountability Office’s (GAO) report which was published out of the blue in January, “The Effectiveness of Economic Sanctions At Risk from Digital Asset Growth.” See it. Continue reading “Anti-Money Laundering Bills May Get New Life; Tornado Cash, Code And Culpability”

Senate Banking Hearing On Illicit Finance With Treasury; Hester Peirce Challenges SEC Dem Majority

Senate Banking Hearing on Tuesday

illicit finance hearing

Next Tuesday’s Senate Banking hearing titled, “An Update from the Treasury Department: Countering Illicit Finance, Terrorism and Sanctions Evasion” led by Chair Sherrod Brown (D, OH) will likely include discussion on digital assets.

The sole witness will be the ubiquitous Wally Adeyemo, Deputy Secretary of the Treasury,  an articulate anti-crypto advocate of Dem leadership. Back in November, Adeyemo had sent letters requesting more power over crypto to Senate Banking and House Financial Services. The next day, Adeyemo challenged the crypto industry in a speech at the Blockchain Association’s Policy Summit which included a discussion about the tools U.S. Treasury is seeking – and why. Read that speech.

See the hearing page.

what you should know: Will Democrats like Chair Brown and  Senator Elizabeth Warren (D, MA) use the hearing as a launchpad for their own illicit finance bills targeting digital assets? If they do not use it as a launchpad, it seems fair to wonder if the effects of crypto campaign dollars and pro-crypto candidates running against each Senator have re-configured existential priorities.

The Hester Peirce SEC

In a keynote speech at Tuesday’s annual “SEC Speaks” conference connecting the legal community with the Securities and Exchange Commission (SEC), SEC Commissioner Hester Peirce (R) provided another pointed commentary on the direction of her Commission especially as it relates to digital assets and  broader recommendations to the SEC and the securities community it encompasses.

Read the speech – this could be seen as a potential plan – and pitch – for an SEC under Commissioner Peirce if the White House changes parties this fall.

Peirce cited guidance from the controversial Staff Accounting Bulletin 121 (SAB 121) as a particularly “pernicious weed.” and suggested, “Rules of such broad effect should be set by the full Commission, not by staff answering only to the Chairman.” Chairman in the case of SAB 121 is Gary Gensler who oversaw the instatement of the rule beginning in April of 2022. Continue reading “Senate Banking Hearing On Illicit Finance With Treasury; Hester Peirce Challenges SEC Dem Majority”

Billions In US Government Bitcoin Moved; Singapore Adding To Digital Assets Framework

moving Bitcoin

DoJ is Bitcoin-rich

One of the benefits (or challenges?) of the blockchain is its transparency. You can see the movement of crypto between wallets assuming you have the tools -ideal for anti-money laundering professionals and the heart of blockchain analytics firms’ services.

Blockworks reported yesterday that the 30,000 Bitcoin (nearly $2 billion USD) from the assets confiscated in the years-old “Silk Road” case was moved by the Department of Justice to a Coinbase wallet this week.

Blockworks adds, “The US government is known to have used Coinbase to sell off bitcoin connected to the Silk Road bust in the past. In June 2023, officials sold nearly 10,000 coins, which amounted to around $215M at the time of the sale.” Read more.

what you should know: If the Department of Justice holds on to (“hodl’s”) the 30,000 coins from Silk Road and the price of a Bitcoin reaches, say, $300,000, this total roughly equals the Biden Administration’s proposed taxes on crypto-related activities in 2025. AG Garland, you in?

crypto advocacy screed

The Cedar Innovation Foundation X account came to life yesterday with a screed on Securities and Exchange Commission Chair Gary Gensler and Prometheum. Continue reading “Billions In US Government Bitcoin Moved; Singapore Adding To Digital Assets Framework”