Senators Pressure Bank On FTX; Digital Assets Subcommittee Prioritizing Stablecoins

Congress questions Silvergate Capital

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senators pressure crypto bank

Senators Elizabeth Warrren (D, MA), John Kennedy (R, LA) and Roger Marshall (R, KS) announced in a press release yesterday that they still aren’t happy with bank holding company and fiat/crypto rails provider Silvergate Capital Corporation after the company was sent a December letter filled with the Senators’ questions about the company’s involvement with crypto exchange FTX.

From the Senators’ release: “The bank’s response (see it) was largely evasive and refused to provide much of the requested information on the grounds that it was ‘confidential supervisory information.'” The Senators also sent another letter on Monday to Silvergate CEO Alan Lane saying, “Your response confirms the extent of this failure – but then neglects to provide key information needed by Congress to understand why and how these failures occurred.”

As outlined in a December press release, the bipartisan group of Senators original inquiry was fueled by “concerns about Silvergate’s failure to apply extensive review processes to FTX and Alameda, and the possible role the bank may have played in the loss of billions of dollars of customer funds.” Or put another way: how did a U.S. bank go about vetting a Bahamian crypto exchange?

innovation + stablecoin bill

Rep. French Hill (R, AR) said on Fox Business yesterday morning that the opportunity he sees for any blockchain-related legislation in the new Congress starts with nurturing innovation. The new Chair of the Digital Assets, Financial Technology and Inclusion Subcommittee said, “Stepping away from cryptocurrency or even a digital dollar, think about the innovation around fintech and blockchain in the future -we want that done here in the United States… we need a solid regulatory framework.”

A stablecoin bill appears to be a top priority as Rep. Hill said, “Last year, we had some work with both the Treasury and House Democrats moving towards a stablecoin bill. This would tell investors and consumers what’s the value -what backs the stablecoin. How do you know what the value is? How frequently is it valued? When are their financial statements published? How is it overseen for both consumer and investor safety as well as to be able to be used in the commercial marketplace? We just don’t have that.” But maybe soon. Hear more from the Fox Business interview [begins 2:20].

In an interview with Bloomberg TV yesterday afternoon, Rep. Hill shared additional nuggets on his agenda, “I think we need to look with our colleagues both in the Senate and House Agriculture Committees and make sure that we can develop a ‘brightline’ test of what should be traded in an Ag or commodity type environment versus something that’s a security and under the regulation of the SEC.” See the full Bloomberg interview [6:15 in length].

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Rep. French Hill Discusses Digital Assets Subcommittee Agenda

Rep. French Hill

This morning, Rep. French Hill, who is Chair of the new Subcommittee on Digital Assets, Financial Technology and Inclusion under the House Financial Services Committee, appeared on CNBC in an interview with anchor Joe Kernen.

Highlights include his interest in nurturing bipartisan support for blockchain legislation as well as coming privacy and stablecoin bills. And he also suggested that his new subcommittee will be working with the Agriculture committees in the House and Senate on upcoming bills but did not specify which. See the interview here.

Transcript below:

JOE KERNEN: [On crypto] – people go into both corners depending on which side of the aisle they’re on. Congressman, what what does that come from? Why do you need convincing of one side or the other if you want to do this? The Democrats aren’t going to want to do it. I know I can see it coming.

REP. FRENCH HILL: Joe, good morning. It’s good to be with you.

I think there’s an opportunity for bipartisan work here on creating a regulatory framework around digital assets. I think for two reasons. One, you’re right. There are some Democrats that think anything associated with blockchain, or cryptocurrency is just money laundering in a way to have bad behavior.

On the other hand, there’s some Republicans that think the future is decentralized finance and that digital assets are critical.

I think we bring them together because blockchain is an important innovation area. We want that technology to be done here in the United States. We want a regulatory framework that is transparent for developers, investors, and potential consumers as people try to prove a use case.

And finally, we want to make sure that people have a full transparency of that. And so I think that will bring Democrats and Republicans together for both law enforcement reasons, if that’s what their top issue is, or for innovation and financial technology reasons.

JOE KERNEN: Congressman, do you think we need to follow the money? Do we need to see who who gets disintermediated [and] whether they have big offices on K Street and don’t want this to happen? I won’t mention any names, but obviously there’s a lot of industries that that probably are loath to think of a future with decentralized finance.

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Blockchain’s New DC Powerbroker: The Digital Assets Subcommittee

Digital Assets Subcommittee

With Rep. Patrick McHenry (R, NC) finally in his House Financial Services Committee Chair last week, the congressman whipped up a selection of subcommittees that will carry his party’s financial services agenda in the 118th Congress.

Among them, a committee devoted to digital assets: The Subcommittee on Digital Assets, Financial Technology and Inclusion led by Rep. French Hill (R, AR), a former banker.

Still to be populated with House Financial Services members from both sides of the aisle, there will be no other committee like it in Congress: digital assets and fintech-focused, all the time.

Bipartisan support for crypto legislation has been a key element of driving digital assets discussion in DC to-date (RFIA, DCCPADCEA and stablecoins) even if bills have yet to cross the finish line into law. With a wide spectrum of political viewpoints unifying over a common cause AND attempting to navigate a divided government, this committee would seem to be at the tip of the bipartisan crypto spear.

Topping the agenda for the new subcommittee will be working with (if not helping dictate along with Chair McHenry’s guidance) what the SEC, CFTC, the Fed and any other applicable regulator should do about digital assets and thereby define their jurisdictions.

This will be a years-long, legislative journey as technology and products evolve. But it has to start – or continue – somewhere.

The agenda

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Executive Order Responses on Digital Assets Signal Interest, Caution Across Government

EO reports

Deadlines were met last Friday as several departments of the U.S. government delivered their reports on digital assets as required by President Joseph Biden’s Executive Order 14067 (EO) in March.

The goal of the EO is to ensure that the United States stays in front of innovation especially as it relates to the U.S. financial system. And, perhaps more importantly, the goal appears to be understanding a framework necessary for risks inherent in crypto markets and ensuring the ongoing global supremacy of the U.S. dollar and protection of the financial system.

The White House kicked things off with a “Fact Sheet” titled “White House Releases First-Ever Comprehensive Framework for Responsible Development of Digital Assets” (read it) in which it says nine reports have been “submitted” to-date – below are five that were released publicly on Friday.

U.S. Treasury Department (3 reports)

Treasury Secretary Janet Yellen trumpeted the release of three reports from her department adding in a press release that if risks are mitigated, “digital assets and other emerging technologies could offer significant opportunities.”

The “Crypto-Assets: Implications for Consumers, Investors, and Businesses(get the PDF) report from Treasury looks at “developments and adoption of digital assets and changes in financial market and payment system infrastructures for U.S. consumers, investors, businesses, and for equitable economic growth.”

As part of its recommendations, Treasury sees a need to “Provide Guidance through Individual Actions” and elaborates that the OCC, FDIC and SEC have all taken such actions recently including “the SEC’s special purpose broker-dealer statement on digital asset custody that identifies the circumstances in which the SEC will not take certain enforcement action against broker-dealers with respect to digital asset securities.”

Of all the reports released, “The Future of Money and Payments,” provides the broadest and most hopeful overview and loops in the CBDC debate from a U.S. Treasury perspective. (get the PDF).

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