Law
Dutch central bank says KuCoin is not licensed and ‘illegally offering services’
The central bank of the Netherlands, De Nederlandsche Bank, has issued a warning to investors using KuCoin, saying the exchange was operating without legal registration. In a Dec. 15 announcement, the central bank said that MEK Global Limited, or MGL, which does business in the Netherlands as KuCoin, was not in compliance with the country’s Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) regulations. De Nederlandsche Bank added the crypto firm was “illegally offering services” as well as “illegally offering custodian wallets” for users. “Customers of MGL are not in violation,” said the bank. “However, this may increase the risk of customers becoming involved in money laundering or terrorist financing.” DNB warns against MEK Global Limited, doing business as K...
SBF’s Bahamian prison reported for ‘harsh’ conditions and ‘degrading treatment’ — US State Dept
After being denied bail in a Bahamas Magistrate Court, former FTX CEO Sam Bankman-Fried could spend up to two months in the country’s Fox Hill Prison, a facility with reported cases of physical abuse against prisoners and “harsh” conditions. Authorities in the Bahamas reportedly remanded Bankman-Fried to the medical wing of Fox Hill following a Dec. 13 hearing. SBF’s counsel said he had been taking medication prior to his arrest on Dec. 12, including Adderall and anti-depressants, but it’s unclear if the former CEO will serve his time at the correctional facility, its medical unit, or an alternative location. According to a 2021 human rights report from the U.S. State Department, conditions at Fox Hill were “harsh.” Investigations determined that the facility was overcrowded, prisoners had...
Will FTX’s ill wind reach the Global South? Maybe not
With the crypto world still reeling from the FTX collapse, Brazil recently passed legislation that legalized cryptocurrency use for payments in the country. How to reconcile this with all those declarations in the West that crypto is having its “Lehman moment”? Brazil may have inadvertently revealed a cleft between the developed world and emerging markets with regard to the uses and misuses of cryptocurrencies. (The legislation still requires a presidential signature before it becomes law.) Unquestionably, FTX’s Nov. 11 bankruptcy filing hurt crypto exchanges and other crypto-focused enterprises in Brazil, as well as many crypto-based companies all through Latin America (LATAM). But this latest gale in the crypto winter is generally not seen as an existential threat — as it is someti...
Former top SEC crypto regulator hired by Caroline Ellison
A former top crypto regulator with the United States Securities and Exchange Commission (SEC) will represent Caroline Ellison, the ex-Alameda Research CEO, in an ongoing federal probe, according to a Dec. 10 report from Bloomberg. Ellison will be represented by Stephanie Avakian and a team of attorneys from WilmerHale. Avakain is currently chair of the Securities and Financial Services department at the law firm. At the SEC, she was a director at the Enforcement Division, where she expanded cryptocurrency oversight, bringing cases against Robinhood and Ripple Lab. According to the law firm’s website, “Ms. Avakian oversaw the Division’s approximately 1,400 professionals and staff. During her four years leading the Division, the SEC brought more than 3,000 enforcement actio...
Sam Bankman-Fried’s parents no longer on the Stanford Law School roster
The domino effect of FTX CEO Sam Bankman-Fried’s actions came full circle as his reputation began impacting the professional lives of his parents — Stanford Law professors Joseph Bankman and Barbara Fried. SBF’s father, Bankman, had to cancel his winter session course on tax policy, which according to The Standford Daily, was at a time when the family was accused of acquiring an FTX-owned $16.4 million vacation home before the crypto exchange’s collapse. Stanford Law professor Joseph Bankman’s tax policy course was canceled. Source: explorecourses.stanford.edu On the other hand, SBF’s mother, Fried, was surprisingly not even listed as an instructor for any of the courses. While this event coincides with FTX’s fallout, where Fried became a focal point of discussion owing to her ...
Gensler’s approach toward crypto appears skewed as criticisms mount
Since taking over at the United States Securities and Exchange Commission (SEC), chairman Gary Gensler has repeatedly been referred to as the “bad cop” of the digital asset industry. To this point, over the past 18 months, Gensler has taken an extremely hard-nosed approach toward the crypto market, handing out numerous fines and enforcing stringent policies to make industry players comply with regulations. However, despite his aggressive crypto regulatory stance, Gensler, for the most part, has remained mum about several key issues that digital asset proponents have been talking about for a long time. For example, the SEC has still failed to clarify which cryptocurrencies can be considered securities, stating time and again that most cryptocurrencies in the market today could be classified...
Yuga Labs, Moonpay faces lawsuit over celebrities NFT promotion
Yuga Labs, creators of Bored Ape Yacht Club (BAYC) and crypto fintech Moonpay are facing a class-action lawsuit for allegedly using celebrities to misleadingly promote and sell nonfungible tokens (NFTs). Over 40 people and companies are named as defendants in the lawsuit, including Paris Hilton, Snoop Dog, Jimmy Fallon, Justin Bieber, Madonna, Serena Williams, Post Malone, and Diplo. The class-action was filed on Dec. 8 by John T. Jasnoch of Scott+Scott Attorneys at Law LLP in the Central District of California and claims the crypto companies used its Hollywood network to promote the digital assets without complying with disclosure requirements. The document states: “This case epitomizes these concerns as it involves a vast scheme between a blockchain start-up company, Yuga Lab...
Who’s expected to testify before Congressional hearings on FTX?
United States lawmakers have been pushing for certain witnesses — including Sam Bankman-Fried — to appear before committee hearings scheduled in December. Who should the crypto space expect to see testifying on the events leading to the downfall of FTX? On Dec. 9, Bankman-Fried, or SBF, said — under threat of a potential subpoena — that he was willing to speak at a U.S. House hearing aimed at exploring FTX’s collapse. Leadership with both the House Financial Services Committee and Senate Banking Committee had suggested that they might subpoena the former FTX CEO, prompting SBF to say on Twitter he was “willing to testify” on Dec. 13. At the time of publication, SBF’s name did not appear as a witness in the House committee’s ‘Investigating the Collapse of FTX, Part I’ hearing — suggesting m...
US lawmakers question federal regulators on banks’ ties to crypto firms
Two members of the United States Senate have called on the heads of federal financial regulators to address “ties between the banking industry and cryptocurrency firms” in the wake of FTX’s collapse. In letters dated Dec. 7 to Federal Reserve chair Jerome Powell, acting Comptroller of the Currency Michael Hsu, and Federal Deposit Insurance Corporation acting chair Martin Gruenberg, Senators Elizabeth Warren and Tina Smith — both on the Senate Banking Committee — acknowledged that the crypto industry was not so “deeply integrated” with traditional financial institutions to severely impact markets after FTX’s bankruptcy filing. However, the two lawmakers pointed to reports suggesting ties between FTX and the Washington-based Moonstone Bank as well as stablecoin issuer Tether and the Bahamas-...
Sam Bankman-Fried hires defense attorney as US authorities probe FTX: Report
Former FTX chief executive officer Sam Bankman-Fried has reportedly hired Mark Cohen, a former federal prosecutor, to act as his defense attorney. According to a Dec. 6 report from Reuters, Bankman-Fried’s spokesperson Mark Botnick said the former FTX CEO has retained Cohen amid a flurry of civil litigation from investors in the crypto exchange and investigations by lawmakers and regulators in the United States. Cohen, a co-founder of law firm Cohen & Gresser, was a former assistant U.S. attorney for the Eastern District of New York who also on the defense team for the high-profile case involving Ghislaine Maxwell — sentenced to 20 years in prison for child sex trafficking and related charges. Lawmakers with the U.S. Senate and House of Representatives have announced separate hea...
Brazilian crypto industry gets regulatory clarity amid global uncertainty
As the global crypto community is still licking its wounds from the FTX collapse, a liquidity crisis continues to spread around centralized exchanges and decentralized finance (DeFi) alike. It is soon to be decided whether the coming regulation triggered by FTX’s bankruptcy will bring a silver lining to crypto. The Chamber of Deputies of Brazil, the lower house of the country’s federal legislative body, has passed a regulatory framework that legalizes the use of cryptocurrencies as a payment method within the country. It is estimated that 10 million Brazilians, or about 5% of the population, trade crypto assets. The largest centralized exchange in Brazil is a local business called Mercado Bitcoin, with roughly three million users. International players like Coinbase or Gemini do not ...
Pakistan launches new laws to expedite CBDC launch by 2025
Regulators worldwide see central bank digital currencies (CBDCs) as a way to enhance fiat capabilities by inheriting the financial prowess of technologies that power cryptocurrencies. Pakistan joined this list by announcing new regulations to ensure the launch of an in-house CBDC by 2025. The State Bank of Pakistan (SBP) signed in new laws for Electronic Money Institutions (EMIs) — non-bank entities offering digital payment instruments — to ensure the timely issuance of a CBDC in the next three years. The World Bank helped Pakistan design the new regulations, according to local media Arab News. In addition to timeline adherence for the CBDC launch, the regulations warrant preventive measures against money laundering and terror financing while considering consumer protection and reporting r...
