Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

Sam Bankman-Fried Returns to Blog to Declare FTX US was and is solvent

Sam Bankman-Fried, the founder and former CEO of FTX who is now under indictment for allegations of fraud, has returned to his substack, declaring that FTX US was and is solvent. Bankman-Fried previously provided an FTX “post-mortem” following his release on bail. He disputes a… Read More

SEC Posts Distribution Plan for Unikrn and Unikoin Gold Investors

Unikrn, a token issuer that attempted to remain compliant while issuing digital assets but ended up being the target of a Securities and Exchange Commission (SEC) enforcement action, settled with the Commission in 2020. As was reported at that time, Unikrn was assessed a $6.1 million… Read More

CCAF Publishes State of Suptech Report, Regulators Step Up Utilization of Technology to Monitor Financial Services

The Cambridge Centre for Alternative Finance (CCAF), Cambridge SupTech Lab, has published a report on the emerging arena of supervisory technology (Suptech) that aims to improve the regulation of financial services firms.  While some view Regtech and Suptech as two sides of the same coin,… Read More

BNPL Zilch Comments on Report Pointing at Lending Impact to Users Credit Scores

This past weekend, Zilch, a buy now pay later (BNPL) provider, was a target of a story entitled Buy now pay later to impact credit scores of millions. The article in the Sunday Telegraph stated that changes at Zilch would see data shared with agencies which… Read More

European Banking Authority (EBA) Releases Peer Review on Authorization Under Payment Services Directive

The European Banking Authority (EBA) published its peer review on authorization of payment institutions and e-money institutions under the revised Payment Services Directive (PSD2). The review generally found “increased transparency and consistency of the information required in the authorization process.” However, it also “identified significant… Read More

Nexo’s Offices Raided in Bulgaria, Four Individuals Charged in Allegations of Money Laundering

It has not been that long since Nexo decided to exit the US market, but in recent days the offices of Nexo have been raided in Bulgaria according to multiple reports. While based in London, Nexo is affiliated with a former member of the Bulgarian… Read More

Boom. SEC Files Charges Against BOTH Gemini and Genesis for Sale of Unregistered Securities in Earn Program

The ongoing virtual fisticuffs between Gemini and Genesis – a subsidiary of Digital Currency Group (DCG), just took a dramatic twist as the Securities and Exchange Commission (SEC) has filed charges against both Gemini and Genesis pertaining to the Gemini Earn program and the sale… Read More

House Financial Services Committee: McHenry Names Subcommittee Chairs, Adds New Digital Assets – Fintech Subcommittee

Congressman Patrick McHenry, the new  Chair of the House Financial Services Committee, has named the Chairs of the Subcommittees. Yesterday, McHenry revealed the Republican members of the Committee as he moves to take over the influential Committee as the Republican-controlled 118th Congress commences. A new… Read More

Sam Bankman-Fried Posts FTX Pre-Mortem, Claims if Given More Time, All Would Have Been Fine

Sam Bankman-Fried, founder and former CEO of FTX – once one of the largest crypto exchanges in the world and now in the midst of bankruptcy, has taken to Substack to pleed his case. Bankman-Fried, now effectively under house arrest, claims that if he had… Read More

CFPB Proposes Registry for Non Bank Financial Firms and their User Terms, McHenry Slams Move as Beyond Agencies Mandate

The Consumer Financial Protection Bureau (CFPB) has proposed a rule to establish a public registry of nonbank financial firms’ terms and conditions. The CFPB states that, in some cases, consumer rights are limited or waived, or terms are misleading. The CFPB states that non-banks would… Read More

New Chair Patrick McHenry Announces House Financial Services Committee Members

Congressman Patrick McHenry, the incoming Chair of the powerful House Financial Services Committee, has announced the Republican members of the Committee for the 118th Congress. McHenry issued the following statement on the Committee members: “I’m proud to welcome all of our new and returning members… Read More

Group of US Senators Send Letter to FTX Bankruptcy Judge Inquiring About Sullivan & Cromwell Law Firm Involvement

A filing submitted yesterday to the bankruptcy court handling FTX has questioned the involvement of Sullivan & Cromwell as the bankruptcy counsel. The document claims that: “Sullivan & Cromwell is not only an inappropriate candidate for appointment as the FTX Group’s bankruptcy counsel—it is a… Read More

Binance.US Approved to Acquire Voyager Digital

The sale of Voyager Digital has received preliminary approval by the courts thus clearing the way for Binance.US to acquire the assets of the bankrupt firm. Revealed last month, Binance.US announced the agreement for it to acquire Voyagers assets for approximately $1 billion. Binance.US’ bid… Read More

Crypto Firms Will Need to Be Aware of State Attorneys General, which Have Massive Power to Enforce Consumer Protection Laws, Legal Expert Explains

Another enforcement shoe has dropped against a major crypto exchange with the announcement of a lawsuit by New York’s Attorney General against Celsius Network CEO/co-founder Alex Mashinsky. AG Letitia James accuses Mashinsky of “defrauding thousands of investors out of billions of dollars in digital funds,… Read More

Accounting Fraud and Private Lies: Cameron Winklevoss Calls Out Digital Currency Group as Temperatures Rise in Dispute

Cameron Winklevoss, co-founder of the Gemini, has taken to Twitter once again to take Digital Currency Group (DCG) to task in regards to their relationship with DCG subsidiary Genesis. Last week, Winklevoss posted a letter on Twitter criticizing founder Barry Silbert and his DCG, hammering… Read More

SEC Announces New Investor Advocate

The Securities and Exchange Commission (SEC) has selected Cristina Martin Firvida as its new Director of the Office of the Investor Advocate. Martin Firvida will take over the office effective Jan. 17, 2023. Martin Firvida was most recently the Vice President of Financial Security and… Read More

CFTC Pursues Enforcement Action Against Perpetrator Who Allegedly Plundered a Decentralized Digital Asset Exchange

The Commodity Futures Trading Commission (CFTC) has filed a civil lawsuit against Avraham Eisenberg, alleging a fraudulent scam to obtain over $110 million in digital assets from a decentralized digital asset exchange. The enforcement action has been filed in the U.S. District Court for the… Read More

Fireblocks Chief Legal and Compliance Officer Jason Allegrante Predicts that Crypto-Asset Regulations will Be Solidified in 2023

The Federal bank regulatory agencies released a joint statement on crypto-asset risks to banking organizations, which is “a move that has been long anticipated by the community.” Upon this news, Fireblocks’ Chief Legal & Compliance Officer Jason Allegrante feels confident that 2023 will “see an… Read More

France: Autorité des Marchés Financiers Prioritizes European Challenges Such as Crypto, Meeting Retail Expectations and More for 2023

The Autorité des Marchés Financiers (AMF) in France has published its priorities for 2023. AMF Chair Marie-Anne Barbat-Layani included working to enhance retail investor protection, pursuing sustainable finance as well as financial innovation during the next 12 months. “The AMF is the regulator of Europe’s… Read More

Philip Moustakis Made Partner at Seward & Kissel

Philip Moustakis, has been made a Partner at the global law firm of Seward & Kissel. Moustakis was previously counsel practicing in the firm’s Government Enforcement & Internal Investigations Group and Blockchain & Cryptocurrency Group. He joined the firm in 2019 and is a regular… Read More

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