FedNow Versus Stablecoin Debate; Emmer Raises More FDIC-Crypto Concerns

FedNow versus stablecoins

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give up all the crypto

Majority Whip Rep. Tom Emmer (R, MN) continued to keep the focus on bank regulators yesterday after sending a letter to FDIC Chairman Martin Gruenberg, a Democrat, on Wednesday. Emmer tweeted a Reuters article and pulled the following quote: “Any buyer of Signature must agree to give up all the crypto business at the bank, the two sources added.” Read Reuters (subscription). And, read Decrypt.

Hearings seem inevitable in the House on the oft-alleged “Choke Point“-like initiative within the U.S. government. Hearings may be tempered with a bipartisan desire to successfully drive legislation (such as stablecoins) through Congress and to the President’s desk for signature.

On the other hand, Rep. Emmer tweeted later, “It’s clear the Biden administration is weaponizing market chaos to kill crypto.” See Emmer’s interview on Fox.

FedNow – this summer

“Instant” payments product FedNow developed by the Federal Reserve is expecting to roll out in July. See the announcement from Wednesday.

Axios covers the Federal Reserve’s imminent rollout of FedNow and suggests that it may go head-to-head with crypto: “Advocates of a central bank digital currency (CBDC) say adoption could, for one, facilitate faster payments. FedNow, at least domestically, may fill that gap – possibly removing a key part of the pitch for the U.S. to adopt a CBDC.” Read more. Continue reading “FedNow Versus Stablecoin Debate; Emmer Raises More FDIC-Crypto Concerns”

Majority Whip Emmer Confronts FDIC; Plumbing The Bipartisan With Senator Tillis

Rep. Tom Emmer

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probing the FDIC

House Majority Whip Rep. Tom Emmer (R, MN) announced on Twitter that he has sent a formal letter to Federal Deposit Insurance Corporation (FDIC) Chair Martin Gruenberg, a Democrat, “regarding reports that the FDIC is weaponizing recent instability in the banking sector to purge legal crypto activity from the U.S.”

In the letter, Rep. Emmer expresses his deep concerns about a coordinated, politically-motivated effort to undermine crypto and asks Gruenberg to answer three questions beginning with: “Has the FDIC instructed banks under its supervision to not provide crypto firms banking services?”

Read the entire 2-page letter.

This isn’t the first time Emmer has sent a critical letter to the FDIC and its Chairman, Martin Gruenberg. Last year, he accused the bank regulator of “cronyism.” See that release which was supported by a large group of Republican House members.

crypto use case

Wired looks at how Ukraine and other humanitarian efforts – such as The United Nations High Commissioner for Refugees (UNHCR) – have been aided by the use of digital assets. One such use case involves stablecoin USDC: “The system works like this: The UNHCR delivers USDC, a crypto coin locked to a $1 valuation and hosted on the Stellar network, to a digital wallet that can be accessed via smartphone. The recipient then exchanges their coins for local currency at any MoneyGram facility.” Read this one. Continue reading “Majority Whip Emmer Confronts FDIC; Plumbing The Bipartisan With Senator Tillis”

Maxine Waters Wants Stablecoin Legislation ‘As Quickly As We Possibly Can’

Maxine Waters

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stablecoins – Waters urges push

Even though the House is not in Session this week, Ranking Member Rep. Maxine Waters (D, CA) of the House Financial Services Committee was talking stablecoin legislation with Yahoo Finance.

Rep. Waters: “I believe the legislation could be passed when we get back to Congress… in [the space of] a few days. We had just about solved all of our problems. The only thing that interfered I think, with this passage (late last year) was the anticipation that the House was going to change, and it was going to be in the hands of the Republicans, and they should take charge rather than those of us on the Democratic side (…). And so I think it’s ready to go and we have resolved most of our issues, and I think we can get it done.”

On a timetable – this month, end of Spring, end of 2023?

Rep. Waters: “Well, I’m not gonna give you a timetable because there’s always uncertainty in negotiations and the way that things get done in Congress. But I want to tell you that I’m focused on it, [Chair Rep. Patrick McHenry (R, NC)] is focused on it. We have a bipartisan effort that we put on it, and we’re gonna do it as quickly as we possibly can.”

See the interview.

Tip: This is arguably the most urgency we’ve heard publicly on stablecoin legislation from anyone in the U.S. Congress – ever.
Continue reading “Maxine Waters Wants Stablecoin Legislation ‘As Quickly As We Possibly Can’”

European Commission’s Kerstens Responds To SEC Chair Gensler About Bitcoin and MiCA

Peter Kerstens

The popular music, film and interactive festival SXSW (South by Southwest) took place this week in Austin, Texas and included some programming devoted to digital assets.

Unfortunately, several policy luminaries ended up cancelling including Senator Cynthia Lummis (R, WY) and New York Department of Financial Services Superintendent Adrienne Harris. Participating executives from Coinbase and Circle also rotated out senior leadership with executives who lived in the “neighborhood” or were slightly more junior. No doubt the unfolding banking crisis in the United States played a role.

Nevertheless, the show must go on and in a well-attended panel discussion titled, “Regulating Crypto for Responsible Innovation,” Peter Kerstens, an advisor at the European Commission, appeared as scheduled.

Kerstens shared that he participated in the discussions last month with U.S. Congressional staff in Europe about the Markets in Crypto-Assets (MiCA) legislation developed for the European Union.

With the perception by some that the U.S. lacks an appropriate regulatory framework for digital assets, Kerstens welcomed the idea that the United States might participate in what is known as the “Brussels effect.”

He explained on stage:

“I’ve been at the European Commission for 27 years …. one of the things which I have observed is that the US gets to innovate, Asia get to copy and improve, and Europe gets to regulate. We’re always first out of the box with laws and regulation. (…)”

Continue reading “European Commission’s Kerstens Responds To SEC Chair Gensler About Bitcoin and MiCA”

Former Congressman Frank Says U.S. Regulators Sending Anti-Crypto Message

Former Rep. Barney Frank

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sending a message

Former Democratic Congressman Barney Frank (D, MA) has been caught up in the latest crypto drama with his role on the board of now-failed Signature Bank which was shutdown by the New York Department of Financial Services (NYDFS) on Sunday.

Frank, who co-authored the Dodd-Frank Act coming out of the Great Financial Crisis in 2008,  saw more sinister implications than just a “bank run.” He told CNBC, “I think part of what happened was that regulators wanted to send a very strong anti-crypto message… We became the poster boy because there was no insolvency based on the fundamentals.” Read more. Sounds like more Choke Point 2.0?

NYDFS Superintendent Adrienne Harris said in a press conference yesterday, “Signature Bank had a broad depositor base. The idea it is a crypto bank is not an accurate one. They banked small business all over New York…”  See the video (at 10:15).

your money is no good here

Senator Elizabeth Warren (D, MA) signaled her strong dissatisfaction with the bank deposit coverage plan announced Sunday by bank regulators. In a New York Times editorial, she writes, “…it’s no wonder the American people are skeptical of a system that holds millions of struggling student loan borrowers in limbo but steps in overnight to ensure that billion-dollar crypto firms won’t lose a dime in deposits.” This is likely in reference to the Circle (issuers of the USDC stablecoin) deposits held by Silicon Valley Bank, which was shutdown due to a run on the bank. Read more. Continue reading “Former Congressman Frank Says U.S. Regulators Sending Anti-Crypto Message”

U.S. Bank Regulators Say Deposits Will Be Covered For Failed Banks; Crypto Sighs With Relief

Historic weekend

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historic weekend – U.S. Treasury

In an historic joint statement on Sunday afternoon led by U.S. Treasury along with The Federal Reserve and The Federal Deposit Insurance Corporation (FDIC), the bank regulators announced 100% of all deposits would be covered by the FDIC for two failed banks – Silicon Valley Bank (SVB) and Signature Bank – and any other “eligible depository institution” (i.e. a bank) that might show signs of imminent insolvency. The bank failures were the second and third largest in U.S. history.

Floating along in the financial flotsam and jetsam was Circle, issuers of the USDC stablecoin, as well as other crypto companies whose deposits were trapped at the failing institutions (more below) and could have potentially lead to catastrophic consequences for the businesses. 

The move by the bank regulators also averts a gathering storm of “bank runs” among small, regional U.S. banks this week where depositors would have fled with their funds to the safe haven of much larger banks (Citi, J.P. Morgan, etc.).

The statement:

“After receiving a recommendation from the boards of the FDIC and the Federal Reserve, and consulting with the President, Secretary Yellen approved actions enabling the FDIC to complete its resolution of Silicon Valley Bank (SVB), Santa Clara, California, in a manner that fully protects all depositors. Depositors will have access to all of their money starting Monday, March 13. No losses associated with the resolution of Silicon Valley Bank will be borne by the taxpayer.”

That last line means shareholders of failed banks get nothing unlike some banks in the 2008 financial crisis. Continue reading “U.S. Bank Regulators Say Deposits Will Be Covered For Failed Banks; Crypto Sighs With Relief”

Crypto Tax Change Proposed By Biden Administration; The Fed Speaks on Digital Assets

Crypto taxes

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taxes – commodity vs security

The Biden Administration is planning on closing a tax loophole it perceives with cryptocurrencies and raising $24 billion according to The Wall Street Journal. “Currently… [crypto transaction sales] aren’t subject to the same so-called wash-sale rules that apply to stocks and bonds. That means people can sell their underwater crypto investments, take a tax-deductible loss and buy right back into the same investment.” Read more.

Tip: This potential taxation change all goes back to the “securities versus commodity” discussion and could be seen as a backdoor to regulating the digital assets industry by defining what is a commodity and what is a security.

taxes – bitcoin mining

A new tax embedded in the Biden Administration’s 2023 budget proposal wants to extract revenue from Bitcoin miners. “The U.S. Treasury Department has proposed a 30% excise tax on the cost of powering crypto mining facilities. (…) The tax would be phased in over the next three years, increasing 10% each year,” writes CoinDesk. Read more.

Gensler speaks

In an op-ed in The Hill, Securities Exchange Commission (SEC) Chair Gary Gensler returns to the media again with a defense of his position on cryptocurrencies and their need to be regulated (“come in and register, or else”).  Responding to critics, Chair Gensler writes, “I find the talking point that there’s a lack of clarity in the securities laws unpersuasive. Some crypto companies might message that the laws are unclear rather than admitting that their platforms don’t have sufficient investor protection.” Read more.

Tip: Gensler’s tempo of crypto-related communications remains at a high intensity. Continue reading “Crypto Tax Change Proposed By Biden Administration; The Fed Speaks on Digital Assets”

Senator Ted Cruz Wants A Seat At The Blockchain Legislation Table

Senator Ted Cruz

On Wednesday, Senator Ted Cruz (R, TX) re-introduced his efforts which began way back in 2021 to remove egregious taxation requirements of the  Infrastructure Investment and Jobs Act of 2021 on crypto companies.

At the time, Cruz’s press release noted today’s recurring concerns about the potential for innovation moving overseas: “Let’s not be the number one economic developer for the Communist Party of China by sending cryptocurrencies overseas.”

Cruz’s 2023 version, which has been referred to Senate Finance, is known in Senate records as S.695 (see it) or “A bill to repeal the provisions of the Infrastructure Investment and Jobs Act that impose new information reporting requirements with respect to digital asset transfers.” No co-sponsors are currently listed.  The bill is here (PDF).

Cruz has been signaling his interest lately about wanting a seat at the table of blockchain legislation. (Read the Houston Chronicle: “Ted Cruz is one of crypto’s true believers, even as calls for regulation grow.”) Continue reading “Senator Ted Cruz Wants A Seat At The Blockchain Legislation Table”