Tag: tokenization

courts – SEC v. Binance

In a court case that may have far-reaching implications across Securities and Exchange Commission (SEC) complaints against Coinbase, Kraken and others, District Court Judge Amy Berman Jackson partially dismissed a complaint by the SEC which said, in part, secondary sales of Binance’s BNB stablecoin token qualify as securities under the Howey test. Read more on X.

Read: SEC v. Binance full decision, June 28, 2024 (PDF) – courtlistener.com

Willkie Farr counsel Mike Selig said on X, “Big loss for the SEC in Binance litigation. Court rejected SEC’s viral theory of securities. Sales of tokens as part of an investment contract security don’t become infected by or embody the contract’s security status. Secondary sales of tokens aren’t necessarily securities.”

Katherine Minarik, chief legal officer of Uniswap Labs (another company in the SEC’s crosshairs), commented about the decision on X:

“[Judge] Jackson expresses concern with the SEC’s approach — not giving issuers a chance to defend themselves, not identifying the full set of assets about which the SEC takes issue. No court wants a dozen cases baked into one case, esp without the right parties or all the facts. (…) This is also why the SEC’s approach to crypto is rightly called regulation by enforcement, not just enforcement. Rulemaking can be built on examples. Court judgments cannot. Judicial opinions and jury verdicts are necessarily fact-specific. It’s basic due process…” Read her tweet thread on X.

more tips:

• • U.S. Judge Lets Most of SEC Case Against Binance Proceed, Dismisses Secondary Sales Charge – CoinDesk

Continue reading “Court Rules On Crypto Token Secondary Sales; IRS Punts On DeFi And Broker Rule”

the debate

There was no crypto mention in the debate. It was just as well.

The story of the presidential debate between President Joe Biden (D) and former President Donald Trump (R) – which was visible to all – made crypto and the many serious issues raised seem insignificant. President Biden experienced difficulty articulating his opinions -particularly at the beginning of the night.

After all the prognostication and hope expressed by crypto industry and media (including this newsletter) that a question about digital assets might seep into the first presidential debate, CNN moderators chose not to raise anything tech-related.

Perhaps ABC News producers will choose differently for the currently-scheduled September 10 debates .

It’s also possible the topic could come up at a vice presidential debate if a date/time is agreed upon by the two parties. Former President Trump is expected to announce his nominee shortly and his running mate would debate current Vice President Kamala Harris.

Problem Solvers on crypto

.At a Punchbowl News event in Washington D.C. yesterday, Rep. Josh Gottheimer (D, NJ) said that post-election, digital assets legislation will be a priority for his bipartisan Problem Solvers Caucus which he co-chairs. Continue reading “Presidential Debate Skips Digital Assets Question; Problem Solvers Caucus Has Plans”

Super PACs are 33-2

CNBC follows the money of recent House and Senate elections and says that crypto Super PACs are 33-2 in primaries.

As a result, several incumbents have been steadily changing their minds – such as Sen. Jon Tester (D, MT), who had previously been anti-crypto.

According to CNBC, Tester recently told reporters that he is open to digital assets legislation bubbling in Congress saying on June 12: “It’s 21st century stuff.” In another sign of reversal, Tester voted for the resolution rescinding SAB 121, too.

Read more on CNBC. Continue reading “Crypto Super PACs Having Election Effect; Rep. Flood On Digital Assets And CODELs”

House returns to White House

The primary creator of President Biden’s 2022 Executive Order on digital assets is returning to the White House after two years in the private sector. Carole House announced on LinkedIn, “I am deeply honored, humbled, and excited to return to government appointed in the Biden Administration, where I am serving as the Special Advisor for Cybersecurity and Critical Infrastructure Policy at the White House National Security Council!” Read more.

From April 2021 to June 2022 – during the time she helped create the E.O. – she was the part of the White House’s National Security Council, where she served as Director of Cybersecurity and Secure Digital Innovation.

Not all of House’s recent private sector service in the past two years was necessarily private.

She has served on Commodity Futures Trading Commission (CFTC) Commissioner Christy Goldsmith Romero Technology Advisory Committee (TAC). In January, TAC’s Subcommittee on Digital Assets and Blockchain Technology –  House is a co-chair –  presented a thoughtful, new study on Decentralized Finance -or DeFi.

With Goldsmith Romero being recommended by the White House for the FDIC Chair currently, the re-appointment makes even more sense.

more tips:

• • Carole House appears as witness at House Financial Services (HFS) FinCEN hearing in February 2024 – blockchain tipsheet
  • “TRM Talks” podcast from January 2024 where House discussed the mechanics involved in the creation of the digital assets Executive Order issued by the White House in March 2022.  She says [at 18:11], “Not everyone was happy with the Executive Order. Some people felt it was too generous. Some, too mean. Overall, I was very pleased – the interagency was very happy with it.” Listen to it.

what you should know: Is the White House truly turning from an “anti-crypto” to a pro-crypto stance? And, does everything change post-election if President Joe Biden is re-elected? Questions remain and House will likely be tasked with growing trust of the Administration in the digital assets community. Votes are at stake. Continue reading “Carole House Returns To White House Digital Role; Trump To Appear At Bitcoin 2024”

debates and crypto

Axios postulated yesterday about how the presidential debates will play out and where digital assets may make an appearance.

Noting digital assets momentum in the political sphere, Axios’ Brady Dale writes, “Much to everyone’s surprise, both candidates for U.S. president appear to be taking the topic of cryptocurrency seriously as an election issue, but only the challenger has made clear statements about the topic from the stump.” Dale sees President Joe Biden as the one to watch: “If he makes politician-like non-statements about cryptocurrency, then nothing has changed.”  Read more.

more tips:

• • Winklevoss Twins Donate $2 Million in Bitcoin to Trump to Fight Biden’s ‘War on Crypto’ – Decrypt

what you should know: The debates are scheduled for next Thursday, June 27, and then September 10. Continue reading “One Week Until Presidential Debates; Marathon Digital Creating Heating For Localities”

Circle attempts IPO

In advance of an expected initial public offering (IPO) by Circle, which is the issuer of the USDC stablecoin, financial publication Barron’s says it has reviewed documents showing the SEC has “signaled unease about the [Circle’s] core product, a stablecoin, and raised other concerns.”

Barron’s obtained the information via “a public records request for information related to Circle’s attempted SPAC merger [in 2021]. The records include correspondence between the SEC’s Division of Corporation Finance and Circle.” In addition to disclosure concerns (that the USDC stablecoin could be a security) expressed by the SEC at the time, the regulator “also had heightened concerns about whether Circle should be considered an ‘investment company’ and go through a different registration process.” Read more (subscription).

more tips:

• • Circle’s Stablecoin to Benefit From EU Rule Shift, Analyst Says – Bloomberg

what you should know: If Circle can make it through the gauntlet of the registration process, having access to the public markets and driving investment in innovative crypto-related products would appear to be a huge potential benefit to the industry – let alone Circle.

number go way up

Bernstein predicts spot Bitcoin ETFs near approval at major wirehouses; maintains $200,000 target by 2025 end – The Block Continue reading “SEC Records Receive Scrutiny As Circle Prepares For IPO; Senators Chime In On FDIC Chair Nomination”

ether is not a security

Late last night, the Securities and Exchange Commission (SEC) seems to have effectively admitted that the Ethereum blockchain network token is not a security – effectively ending (but not confirming, yet) the SEC’s enforcement action against Consensys, owners of the MetaMask wallet, which was signaled by a Wells Notice in late April.

See yesterday’s letter from the SEC to Consensys counsel (PDF).

In a tweet also last night, Consensys said on X, “ETHEREUM SURVIVES THE SEC. Today we’re happy to announce a major win for Ethereum developers, technology providers, and industry participants: the Enforcement Division of the SEC has notified us that it is closing its investigation into Ethereum 2.0. This means that the SEC will not bring charges alleging that sales of ETH are securities transactions.”

Willkie Farr counsel Mike Selig reacted to the news on X, “More confirmation from SEC that ETH won’t be regulated as a security. We’ve yet to see any of the legal reasoning supporting SEC’s recent decisions on ETH but it’s clear the days of ‘everything but BTC is a security’ are over. The door to non-security crypto asset status is open.”

what you should know: The latest SEC employee departure may be directly related to the Ether token decision says Unchained’s Laura Shin. Whatever the case may be, Ether ETF final approval is probably not far behind.

campaign donation scams

In an article titled, “Crypto Scammers Are Targeting Trump’s MAGA Supporters,” Wired reports that the recent decision by former president Donald Trump to accept cryptocurrency donations has resulted in “dozens” of new scam websites. Each purport to accept crypto donations, but – according to analytics firm NetCraft – the traits of the scam can be hard to spot.

Netcraft’s Rob Duncan tells Wired, “‘As a victim, the fact that the real campaign is using Coinbase payments rather than direct cryptocurrencies’ wouldn’t be very obvious, ‘The way it’s been advertised is “Donald Trump’s taking cryptocurrency donations…”‘” Read more in Wired.

more tips:

• • Trumped Up Crypto Scams – Criminals Deploy Trump Donation Scams (Monday) – Netcraft

U.S. mining “arms race”

U.S.-based CleanSpark has acquired five more mining facilities in Georgia to help it continue to mine more Bitcoin, according to Blockworks.  The company is in a never-ending race with all of the world’s Bitcoin miners to yield as many BTC as possible every month. Continue reading “SEC Changes Its Mind on Ethereum Token; Scams Infiltrate Crypto Campaign Donation Websites”