Politics, Legal & Regulation

Policy and regulations impacting innovations in Finance.

European Crowdfunding Network “Wholeheartedly” Welcomes Harmonized Crowdfunding Rules for Europe

Earlier this week, the European Union approved legislation that will harmonize securities crowdfunding rules for member states. Inclusive in the legislation is a 12-month funding cap of €5 million for issuers leveraging online capital formation. The goal is to facilitate capital formation for entrepreneurs and… Read More

Department of Justice Publishes Cryptocurrency Enforcement Framework: “We see criminals using cryptocurrency to try to prevent us from following the money”

Attorney General William P. Barr announced today the publication of the “Cryptocurrency: An Enforcement Framework.” The publication was created by Barr’s Cyber-Digital Task Force. The document outlines the Department of Justice’s approach to crypto and its challenges. The Framework states: “… despite its relatively brief… Read More

SEC Proposes Exemption for Finders as it Seeks to Assist Small Businesses in Need of Capital

A Longstanding Grey Area Today at an open meeting, the Securities and Exchange Commission (SEC) proposed an update to rules pertaining to “Finders” –  individuals or firms that help smaller businesses find investors. The potential change will subject these individuals or firms to reduced regulation… Read More

British Business Bank Comments on Bounce Back Loans and NAO Investigation

The  British Business Bank has issued a response to a review by the National Audit Office Investigation into the Bounce Back Loan Scheme (BBLS).  The British Business Bank notes that the report highlights that the Bounce Back Loan scheme has succeeded in quickly supporting smaller… Read More

Joel Edgerton from Digital Asset Exchange bitFlyer Says Charges Brought Against BitMEX Show Crypto Falling Under Current Regulations

Joel Edgerton, COO at bitFlyer, a crypto-asset exchange that’s licensed to operate in Japan, the United States, and Europe, recently shared his views about the court case and charges brought against the Bitcoin Mercantile Exchange (BitMEX), a leading digital asset derivatives exchange. Edgerton also shared… Read More

Industry Insiders Comment on Digital Euro Prospects: “Alternative forms of payment are here to stay”

Last week, the European Central Bank published a report published addressing the possibility of the issuance of a digital euro. The report was prepared by the Eurosystem High-Level Task Force on central bank digital currency (CBDC) and approved by the Governing Council thus representing he… Read More

Crypto Industry Participants Slam FCA Decision to Ban Retail Investors from Cryptoasset Derivatives

Earlier today, the UK Financial Conduct Authority (FCA) issued a ban on cryptoasset derivative products for retail investors. The decision came after an extended consultation pertaining to the issue. The ban did not impact spot trading for cryptoassets like Bitcoin or Ethereum. The FCA outlined… Read More

European Union Approves New Crowdfunding Rules that Apply to Member States, Funding Cap Set at €5 Million

Earlier today, the European Union approved crowdfunding rules that will apply to all member states thus finally offering a pan-European approach to online capital formation while removing much of the friction in the current ecosystem that suffers from regulatory fragmentation. Industry participants, along with industry… Read More

UK Financial Conduct Authority Bans Crypto Derivatives for Retail Investors

The UK Financial Conduct Authority (FCA) has instituted a ban on the sale of crypto derivatives and exchange-traded notes (ETNs) that reference cryptoassets for retail investors, according to a note distributed by the regulator. The ban goes into effect on January 6, 2021. The decision… Read More

Financial Inclusion Rate in Indonesia Reaches Record Highs, but Over 2,500 Illegal Fintech Businesses have been Shut Down

The role of Fintech platforms and services in supporting public services in Indonesia has become more prominent and relevant due to the global COVID-19 outbreak. Fintech service providers are now offering more digital payments options which allow Indonesians to pay for everyday expenses, instead of… Read More

John McAfee Hit by SEC Enforcement Action Regarding ICO Promotions, DOJ Joins in with Criminal Charges

John McAfee, a blockchain advocate and former software entrepreneur that created McAfee ant-virus software, is the target of a Securities and Exchange Commission (SEC) enforcement action pertaining to the promotion of initial coin offerings (ICOs). The civil action by the SEC was joined by criminal… Read More

CFTC Action Will Have Big Impact on Crypto Exchanges: Attorney Warns Crypto Exchanges that Regulator is Not Afraid to Pursue Big Market Participants

Last week, BitMEX (Bitcoin Mercantile Exchange), a top crypto/crypto-derivatives exchange that is operated by HDR Global Trading Limited, a Republic of Seychelles incorporated entity, was hit with a civil enforcement action emanating from the Commodity Futures Trading Future Commission (CFTC). Simultaneously, a criminal lawsuit by… Read More

CFTC: Consent Order Seeks $7.4 Million Restitution from Pennsylvania Man Regarding Non Purchase of Bitcoin for Several Investors

The Commodity Futures Trading Commission (CFTC) said that the U.S. District Court for the Southern District of New York has entered a consent order against Jon Barry Thompson of Easton, Pennsylvania, imposing injunctive relief and restitution of approximately $7.4 million. In a parallel action, the… Read More

Open Banking: Australia’s IMB Bank Launches New Platform for Sharing Data on Deposits, Transaction Accounts

Australia based IMB Bank will be introducing Open Banking services. The mutual bank confirmed on October 5, 2020, that it would provide a new banking platform that can share certain financial data through an API integration. The NSW-headquartered building society IMB Bank noted that, during… Read More

US Department of Treasury’s Office of Foreign Assets Control Warns that Paying Perpetrators of Ransomware Attacks May lead to $20 Million Fine

Companies or businesses that have been targeted with malicious ransomware attacks might potentially face fines as high as $20 million if they agree to the demands from extortionists, particularly the ones who have been listed on financial crime sanctions lists, the US Department of Treasury… Read More

Former SEC Senior Counsel Comments on Kik Ruling: Kik Could Have Benefited From Traditional Capital Markets Lawyer

This past week, Kik, a company that raised over $100 million in an initial coin offering (ICO), lost a long legal battle with the Securities and Exchange Commission (SEC). The courts determined that Kik had raised capital in an unregistered securities offering thus transgressing securities… Read More

ECB Publishes Report on Possible Digital Euro, Official Says Bank Must Be Ready for CBDC

Christine Lagarde, President of the European Central Bank (ECB), says the bank must be ready to issue a digital euro, according to a statement issued today. Meanwhile, a separate report from Bloomberg claims the ECB has already applied to trademark the name “digital euro” as… Read More

BitMEX Hit by CFTC Enforcement Action for Illegal Crypto Derivatives Trading, AML Violations; Criminal Action Unsealed Simultaneously

BitMEX, a top cryptocurrency exchange that is big in the crypto derivatives sector, is the target of an enforcement action filed by the Commodity Futures Trading Commission (CFTC). According to the CFTC, a civil enforcement action has been filed in the U.S. District Court for… Read More

SEC Schedules Open Meeting on Finders

The Securities and Exchange Commission has scheduled an open meeting on the topic of “finders.” The Commission will consider a conditional exemption from broker registration requirements for individuals to engage in “certain limited activities” on behalf of securities issuers. To quote the Commission: “The Commission… Read More

SEC Charges Florida Man for Digital Asset Fraud that Allegedly Pilfered $6.8 Million from Investors

The Securities and Exchange Commission (SEC) has announced charges against a Florida individual who allegedly defrauded investors in a digital asset trading scheme, according to a court filing. The SEC alleges that Thomas J. Gity, said to be a convicted felon with no professional financial… Read More

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