According to a16z crypto, the cryptocurrency industry has seen significant regulatory developments in recent weeks, with several high-profile cases and new guidance announced. These updates highlight the increasing scrutiny and evolving legal landscape surrounding digital assets globally.
BitMEX Faces Legal Punishment
In a landmark ruling, a federal judge sentenced global cryptocurrency exchange BitMEX to two years of probation and a $100 million fine for violating the Bank Secrecy Act. The exchange was found guilty of failing to implement adequate anti-money laundering and know-your-customer protocols.
New digital asset rules from IRS and Treasury
The U.S. Treasury, in collaboration with the Internal Revenue Service (IRS), has issued a second final rule regarding digital asset broker reporting requirements. The rule expands the definition of ‘broker’ to include certain non-custodial software providers related to decentralized finance (DeFi), which are classified as ‘transaction front-end service providers’.
SEC’s Position on Digital Assets
The U.S. Court of Appeals for the Third Circuit has ordered the Securities and Exchange Commission (SEC) to provide more detailed explanations for its denial of Coinbase’s request for rulemaking related to the application of securities laws to digital assets. The court criticized the SEC’s initial response as arbitrary and unfounded.
Additionally, the SEC postponed a decision on NYSE Arca’s proposal to list shares of the Bitwise 10 Crypto Index Fund as an exchange-traded product, reflecting its ongoing deliberations on cryptocurrency-related financial products.
Other notable legal actions
The Commodity Futures Trading Commission (CFTC) has reached a settlement with Gemini Trust Company, which agreed to pay $5 million for alleged misrepresentations related to its 2017 Bitcoin futures contracts. Additionally, a federal court ordered the cryptocurrency exchange and its CEO to pay up. More than $1.1 million for conducting a fraudulent digital asset product scheme.
Development at international and national level
Internationally, the UK Treasury has announced amendments to ensure that cryptocurrency staking does not constitute a ‘collective investment scheme’. Meanwhile, in New York, the Attorney General’s Office filed a lawsuit seeking to recover $2.2 million in cryptocurrency stolen in a scam targeting residents.
These regulatory updates highlight the increasingly complex legal environment for cryptocurrencies, impacting exchanges, investors, and regulators around the world.
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