Project Hamilton Turns from CBDCs to Short-Term Treasuries and Stablecoins?

Permissionless 2022 with Eric Peters

From the start of the fireside chat at last week’s Permissionless conference, red-pilled One River Asset Management founder and CIO Eric Peters delighted the decentralized finance throngs with one good story after another.

Anecdotes ranging from his firm’s $600 million of Bitcoin and Ethereum purchases via Coinbase in 2020 to cold-calling outgoing SEC Chair Jay Clayton the day after he left the commission in order to bring him aboard as a key advisor did not disappoint.

But, perhaps most revelatory was the closing anecdote raised by moderator Brett Tejpaul of Coinbase around his and Peters involvement in Project Hamilton – a Central Bank Digital Currency (CBDC) research project with huge implications for the U.S. dollar, the world’s reserve currency and arguably the most important source of American power worldwide.

Project Hamilton, named after Alexander Hamilton and Margaret Hamilton, may have special focus around a CBDC for the United States financial system, but Tejpaul said there was a “group” of people who are trying to convince the Treasury to go in a new direction using privatized stablecoins rather than a CBDC.

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In Spite of Terra, No Stablecoin Regulation Before End of Year

Permissionless 2022

Up-to-the-minute regulatory prognostications attracted strong attendance to a Permissionless 2022 panel discussion in Palm Beach, Florida last Wednesday.

Coming only a week after the TerraUSD and LUNA stablecoin debacle, everyone agreed that decentralized finance (DeFi) is receiving a brighter spotlight than ever. And in the wide-ranging discussion titled, “Regulatory Clouds on the Horizon,” industry advocates addressed the clouds which could rain potential regulation as well as who or what should ultimately be in charge of jurisdiction for the wider crypto ecosystem: the SEC, CFTC or a self-regulatory body.

Panelists included:

Quotes are lightly edited for clarity.

Moderator Jordan Nof of Tusk Venture Partners immediately began with the Terra elephant-in-the-room as Chamber of Digital Commerce’s Perianne Boring revealed that her association’s members are wondering how Terra will affect regulatory momentum, but noted the unique properties of Terra’s product saying:

“What’s interesting about Terra in particular is that it’s an algorithmic stablecoin. For those who have been following stablecoin policy closely, the President’s Working Group (PWG) on financial markets put out a set of recommendations for stablecoins last November – and that [group] included the chair of the SEC, the chair of the CFTC, the Fed, and Treasury. Treasury Secretary Yellen led this effort. The group had a number of recommendations for new regulations for stablecoins -essentially, Congress is going to need to implement these recommendations. The scope of that report and the recommendations was limited to stablecoins that are backed one-to-one to the dollar reserves in a bank account.  Algorithmic stablecoins were outside of that scope. So when Secretary Yellen pointed to Terra recently and said, ‘Look, this is why we need to push stablecoin recommendations forward.’ -to me, I didn’t think that was productive because the recommendations didn’t include algorithmic stablecoins. And I think it gives a lot of fuel to the SEC.

For those who remember SEC Chairman Gensler’s remarks, he started using a different vernacular. He started calling them ‘stable value funds’ (instead of stablecoins), essentially trying to put forward the argument that these are securities and they should be under the SEC’s jurisdiction. So, I think that the SEC could pretty easily say, ‘Look, this is why it should be within our jurisdiction.’

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SEC Chair Gensler Discusses FY 2023 Budget with House Appropriations (Video)

SEC's Gensler at House Appropriations

Fiscal Year 2023 is in focus today for U.S. Securities and Exchange Commission Chair Gary Gensler who is presenting his group’s budget for next year to the House Committee on Appropriations chaired by Rep. Rosa DeLauro (D, CT).

The live hearing began at 10:30 am ET on Wednesday, May 18. Chair Gensler will also be answering questions with U.S. Federal Trade Commission chair Lina Khan, who will discuss her commission’s budget for the next fiscal year.

As outlined by the SEC’s FY 2023 budget justification in March, points of discussion with the House committee as it relates to crypto includes:

    • Staying ahead of investor protections with more full-time employees for SEC’s Enforcement (ENF) division.
    • Continuing to grow the Investment Management (IM) division which approves and regulates ETFs and other financial vehicles which may involve cryptocurrencies.
    • Coordinate across the U.S. government and with international partners on applicable policy decisions related to integration and use of distributed ledger technology in a securities context.

See the on-demand video stream of the hearing:

There is no member of the Congressional Blockchain Caucus on House Appropriations.

Live blog …
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Preview: SEC Budget for 2023 and House Appropriations Committee Meeting

House Appropriations

On Capitol Hill this Wednesday, Securities and Exchange Commission (SEC) Chair Gary Gensler will appear before the House Appropriations Committee to review the SEC’s 2023 budget proposal as it looks to continue to fulfill its mission to “protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.”

In late March, the SEC submitted its budget “justification” to Congress (PDF) as a precursor to the meeting and revealed several areas in which it expects to continue to engage crypto markets in 2023.

Side note: there are no members of the Congressional Blockchain Caucus on the House Appropriations Committee.

Enforcement

Following up on the SEC’s recent announcement of doubling positions related to crypto enforcement this year, the 2023 budget justification outlines a request for 125 additional positions in the Department of Enforcement (ENF) to help enforce regulations across financial assets – including crypto:

“ENF requests 125 additional positions to enhance the division’s ability to timely pursue the wide variety of misconduct within the SEC’s remit. They will also strengthen ENF’s capabilities to investigate new and emerging issues, including crypto-asset markets, cyber-related risks, and the environmental, social, and governance space. Finally, it is expected that the number of litigated cases will continue to rise as ENF increasingly holds wrongdoers accountable for their misconduct with more meaningful and, in some instances, escalating sanctions. ENF requires additional resources to ensure that it has an adequate number of attorneys to staff the increasing number of litigated cases.”

The ENF only accounts for an increase of 63 full-time employees in the justification’s line item – from 1302 in 2022 to 1365 in 2023 .

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Stablecoin Debacle Speaks To Potential For Congressional Action

Stablecoins

Clearly not all stablecoins are stable as crypto experienced a major liquidation moment this past week. How this will affect blockchain regulation in DC remains to be seen, but there is opportunity.

To recap, the stablecoin known as TerraUSD (a.k.a UST -its ticker) went down 90+% and the governance token associated with its peg – Terra LUNA – cratered a similar percentage. Together, the size of the loss is reminiscent of Lehman Brothers and its bankruptcy during the Great Financial Crisis in 2008.

Market cap comparison:

    • Lehman Brothers – $60 billion at its peak in 2007.  Filed for bankruptcy and effectively went to zero in late 2008.
    • TerraUSD – $18.6 billion market cap as of May 8, 2022. Approximately $2 billion as of today according to CoinMarketCap.
    • Terra LUNA – The backing governance token for TerraUSD reached a peak market cap of $41.05 billion as of April 3, 2022. Today, it’s $1.8 billion.

It should be noted that the remaining value for TerraUSD and Terra LUNA could be fleeting as traders try to play an arbitrage opportunity. But, overall the future of both appears bleak.

For now, the promise of providing stability in volatile crypto markets with stablecoins appears to be damaged. False advertising? How will government policymakers react?

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For Crypto, The Next New SEC Hire May Be More Important Than Chair Gensler

SEC Job Openings

The listing slid quietly into the public last Thursday, but the new “Senior Officer-National Unit Chief (Crypto Asset & Cyber Unit)” role at the Securities and Exchange Commission could have huge ramifications in determining the future of cryptocurrency, NFTs and blockchain technology in the United States.

This role may replace Kristina Littman who the Wall Street Journal reports is leaving her leadership role in enforcement at the SEC in June.

The ad for the new role came in advance of yesterday’s SEC announcement by Chairman Gary Gensler that the enforcement division of the “Crypto Asset & Cyber Unit” (was “Cyber Unit”) will add 20 positions “for protecting investors in crypto markets and from cyber-related threats.” This will bring the unit to 50 positions according to the SEC release.

Influential responsibilities in the Unit Chief job listing include:
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House Gives CFTC Responsibility with Digital Commodity Exchange Act

Congressman Thompson

To be a commodity, or a security, that is the question.

Another crypto-related bill was introduced in Congress last week with the Digital Commodity Exchange Act of 2022 (DCEA), which built on the DCEA of 2021.

Four members of the Congressional Blockchain Caucus are leading the crypto-as-a-commodity charge beginning with Representative Glenn “GT” Thompson (R, PA), who is the Ranking Member of the House Agriculture Committee, along with co-sponsors Rep. Ro Khanna (D, CA), Rep. Darren Soto (D, FL) and Rep. Tom Emmer (R, MN).

H.R. Bill 7614, which was referred to the House Ag Committee, aims to assign responsibility for crypto exchanges with the Commodity Futures Trading Commission (CFTC) rather than the Securities and Exchange Commission where exchanges tradable assets would therefore be associated with securities.

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Keeping Tabs on Bitcoin in El Salvador

ACES Act

The “Accountability for Cryptocurrency in El Salvador Act” or “ACES Act” (S.3666) took another step forward this month as the Congressional Budget Office reported its estimation of costs to fulfill the Act.

The bi-partisan legislation is sponsored by Senator Jim Risch (R, ID) and co-sponsored by Senator Bill Cassidy (R, LA) and Robert Menendez (D, NJ) as part of their efforts on the Senate Foreign Relations committee.

As Protocol notes, the Senators position this as a study to make sure the US financial system is not impacted negatively by El Salvador’s cryptocurrency experiment. A glass-half-full opportunity of this legislation could be to understand benefits accrued to the tiny Central American nation by its adoption of bitcoin as a legal currency. But, there’s no mention of that angle.

Published on the CBO site today, the details and costs are summarized:

“In 2021, El Salvador officially adopted a cryptocurrency as legal tender. S. 3666 would require the Department of State to report to the Congress on the details and ramifications of that action. The bill also would require the department to devise, implement, and report to the Congress on a plan to mitigate any potential risk to the U.S. financial system from El Salvador’s action and similar actions by other countries.

On the basis of information about the costs to prepare similar reports, CBO estimates that satisfying that requirement would cost less than $500,000 over the 2022-2026 period. Such spending would be subject to the availability of appropriated funds.”
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