Major Regulatory Developments in Crypto: BitMEX, IRS, and SEC Updates
The cryptocurrency industry has witnessed significant regulatory developments in recent weeks, as several high-profile cases and new guidelines were announced, according to a16z crypto. These updates highlight the growing scrutiny and evolving legal landscape surrounding digital assets globally.
BitMEX Faces Legal Consequences
In a landmark ruling, a federal judge sentenced the global cryptocurrency exchange BitMEX to a two-year probationary period and imposed a $100 million fine for violations of the Bank Secrecy Act. The exchange was found guilty of failing to implement adequate anti-money laundering and know-your-customer protocols.
IRS and Treasury's New Digital Asset Rules
The U.S. Department of the Treasury, in conjunction with the Internal Revenue Service (IRS), issued a second final rule regarding digital asset broker reporting requirements. This rule expands the definition of 'broker' to include certain non-custodial software providers involved in decentralized finance (DeFi), categorized as 'trading front-end service providers.'
SEC's Stance on Digital Assets
The U.S. Court of Appeals for the Third Circuit has ordered the Securities and Exchange Commission (SEC) to provide a more detailed explanation for its denial of Coinbase's request for rulemaking concerning the application of securities laws to digital assets. The court criticized the SEC's initial response as arbitrary and insufficiently reasoned.
Additionally, the SEC delayed its decision on the NYSE Arca's proposal to list shares of the Bitwise 10 Crypto Index Fund as an exchange-traded product, reflecting ongoing deliberations on crypto-related financial products.
Other Notable Legal Actions
The Commodity Futures Trading Commission (CFTC) reached a settlement with Gemini Trust Company, which agreed to pay $5 million over charges of misleading statements related to its bitcoin futures contract in 2017. Furthermore, a federal court ordered a crypto exchange and its CEO to pay over $1.1 million for conducting a fraudulent digital asset commodity scheme.
International and State-Level Developments
On the international front, the United Kingdom's HM Treasury published an amendment to ensure that cryptoasset staking does not constitute a 'collective investment scheme.' Meanwhile, in New York, the Attorney General's Office filed a lawsuit to recover $2.2 million in cryptocurrency stolen through a scam targeting residents.
These regulatory updates underscore the increasingly complex legal environment for cryptocurrencies, with implications for exchanges, investors, and regulatory bodies worldwide.
