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US Senate Scraps SEC Crypto Policy, But Biden Says He’ll Veto: SAB 121 Explained
Lawmakers, cryptocurrency heavyweights and banking executives argue that an SEC policy on cryptocurrency custody and accounting hurts U.S. investors and stifles innovation, but Joe Biden disagrees.
Washington is preparing for an almighty battle over a controversial issue SEC dominant.
There was a significant turning point last week, when the House of Representatives voted to repeal Staff Accounting Bulletin (SAB) 121.
What is SAB 121?
SAB 121 requires public companies to account for and disclose the obligations and risks of safeguarding customers’ crypto assets. The policy is controversial because of its potential to complicate financial reporting and increase operational burdens.
These rules were implemented in 2022 and have sparked fierce criticism from across the cryptocurrency industry, as well as from banks who argue that the measures have effectively prevented them from offering digital asset services.
The U.S. Senate voted on May 16 to overturn the SEC guidelines, but critics of SAB 121 aren’t out of the woods yet.
The Senate ruling has yet to receive presidential approval. However, President Joe Biden said he was prepared to veto the resolution abolishing SAB 121 altogether. A White House statement made clear the administration’s support for SAB 121, saying:
“SAB 121 was issued in response to demonstrated technological, legal, and regulatory risks that have caused substantial losses to consumers…Limiting the SEC’s ability to maintain a comprehensive and effective financial regulatory framework for crypto-assets would introduce substantial financial instability and market uncertainty. “
White House statement
The SEC faces backlash
Some Democratic lawmakers have urged SEC Chairman Gary Gensler to withdraw SAB 121 on his own initiative, rather than wait for Congress to do so.
One of them is Congressman Wiley Nickel, representing North Carolina’s 13th district, who says he is confident that Joint Resolution 109 will pass the Senate.
Nickel argues that eliminating SAB 121 would better protect investors and ensure the United States is competitive on the global stage. Banks with a strong track record of providing fiat custody services could extend their offering to cryptocurrencies. Given that similar crypto projects Traveler AND Centigrade failed to protect their clients’ assets even after SAB 121 went into effect, with some arguing that the regulation was ineffective from the start.
In a letter to GenslerCongressman Nickel stated:
“The SEC’s open hostility toward the digital assets industry does not serve President Biden’s interests. The SEC is turning cryptocurrency regulation into a political issue and forcing President Biden to choose sides on an issue that matters to many Americans.”
Congressman Wiley Nickel
Nickel warned Gensler that SAB 121 amounts to a “prohibitive regulatory burden” and means U.S. consumers have no choice but to rely on “riskier offshore custody solutions.”
Nickel continued to criticize the SEC’s approach to digital assets as “misleading” and highlighted concerns about how SAB 121 was applied. While accounting staff bulletins are traditionally intended to serve as best practice guidelines, he accused the commission of a “breach of the rulemaking process” because of the way it was used to implement new policies.
Tomorrow the Senate will vote on repealing SAB-121.
It may be the only thing the cryptocurrency and trading industries agree on.
First, to reiterate, SAB-121 is the rule unilaterally adopted by the SEC without consulting the industry which states the following:
Unlike everyone…
— Austin Campbell (@CampbellJAustin) May 16, 2024
‘Folly’ – Consulting firm founder blames SAB 121 for FTX debacle
Austin Campbell, the founder of Zero Knowledge Consulting, described SAB 121 as “madness,” not least because it was “unilaterally adopted without consultation” and “harms the rights of cryptocurrency holders in the event of failure.” Campbell took to social media, stating:
“It is entirely possible that this rule is part of what caused FTX, as without it, there could have been regulated custodians serving customers and exchanges in the United States, which would have prevented self-dealing and theft.”
Austin Campbell
He went on to warn that major financial institutions strongly dislike SAB 121 because they are locked out of the growing demand for exchange-traded funds based on the spot price of Bitcoin.
Cardan Founder Charles Hoskinson has also been highly critical of Biden’s stance on digital assets, claiming that his administration has attempted to destroy the US cryptocurrency sector.
He went on to argue that it is inappropriate for the SEC to use 90-year-old legislation to regulate cryptocurrencies, and the heavy-handed approach to regulation has already forced a number of legitimate exchanges and trading platforms to relocate elsewhere, benefiting rival economies through job creation and tax revenue.
With a veto looming on the horizon, this saga is far from over. It will be interesting to see how lawmakers on Capitol Hill, not to mention TradFi and cryptocurrency industry leaders, react.
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How Ether Spot ETF Approval Could Impact Crypto Prices: CNBC Crypto World
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CNBC Crypto World features the latest news and daily trading updates from the digital currency markets and gives viewers a glimpse of what’s to come with high-profile interviews, explainers and unique stories from the ever-changing cryptocurrency industry. On today’s show, Ledn Chief Investment Officer John Glover weighs in on what’s driving cryptocurrency prices right now and how the potential approval of spot ether ETFs could impact markets.
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Miners’ ‘Capitulation’ Signals Bitcoin Price May Have Bottomed Out: CryptoQuant
According to CryptoQuant, blockchain data shows signs that the Bitcoin mining industry is “capitulating,” a likely precursor to Bitcoin hitting a local price bottom before reaching new highs.
CryptoQuant analyzed metrics for miners, who are responsible for securing the Bitcoin network in exchange for newly minted BTC. As outlined in the market intelligence platform’s Wednesday report, multiple signs of capitulation have emerged over the past month, during which Bitcoin’s price has fallen 13% from $68,791 to $59,603.
One such sign includes a significant drop in Bitcoin’s hash rate, the total computing power that backs Bitcoin. After hitting a record high of 623 exashashes per second (EH/s) on April 27, the hash rate has fallen 7.7% to 576 EH/s, its lowest level in four months.
“Historically, extreme hash rate drawdowns have been associated with price bottoms,” CryptoQuant wrote. In particular, the 7.7% drawdown is reminiscent of an equivalent hash rate drawdown in December 2022, when Bitcoin’s price bottomed at $16,000 before rallying over 300% over the next 15 months.
This latest hash rate drop follows Bitcoin’s fourth cyclical “halving” event in April, which cut the number of coins paid out to miners in half. According to CryptoQuant’s Miner Profit/Loss Sustainability Indicator, this has left miners “mostly extremely underpaid” since April 20, forcing many to shut down mining machines that have now become unprofitable.
CrypotoQuant said that miners faced a 63% drop in daily revenue after the halving, when both Bitcoin block rewards and transaction fee revenues were much higher.
During this time, Bitcoin miners were seen moving coins from their on-chain wallets at a faster rate than usual, indicating that they may be selling their BTC reserves“Daily miner outflows reached their highest volume since May 21,” the company wrote.
Among the sales of Bitcoin miners, whales and national governmentsBitcoin’s price drop in June also hurt Bitcoin’s “hash price,” a metric of Bitcoin Miner Profitability per unit of computing power.
“Average mining revenue per hash (hash price) continues to hover near all-time lows,” CryptoQuant wrote. “Hashprice stands at $0.049 per EH/s, just above the all-time low hashprice of $0.045 reached on May 1st.”
By Ryan-Ozawa.
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US Congressman French Hill Doubles Down on Trump’s Pro-Crypto Stance
US lawmaker French Hill has noted that Donald Trump will take a more pro-crypto approach than the current administration. The run-up to the presidential election has seen cryptocurrencies become an issue with lawmakers making huge statements ahead of the polls. Donald Trump has also been reaching out to the industry, making a pro-crypto case.
French Hill Backs Trump’s Pro-Crypto Stance
Republican Congressman French Hill has explained the type of cryptocurrency regulatory framework he believes Donald Trump could adopt in the country. In a recent interview with CNBC, French Hill said that the recently passed FIT21 bill is the type of regulatory framework the Trump administration will adopt in the sector.
#FIT21 passed the House with 71 Democratic votes, it’s exactly the kind of digital asset regulatory framework former President Trump would support if re-elected.
See more on @SquawkCNBC🔽 photo.twitter.com/ceTmU4LApU
— French Hill (@RepFrenchHill) July 3, 2024
THE FIT21 Bill It is intended to protect investors and consumers in the market by establishing clear rules and powers for the various regulators in the sector. According to Hill, Trump will adopt it because it directs the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) on the specific regulatory framework needed in the market.
“… for people who are innovating and starting a crypto token, a related business, custody of those assets, how to ensure consumer protection, so I think that framework is the right approach and that’s what I’m going to recommend to the President to pass, which is that we have not passed it between now and the end of this Congress.”
He also called Trump an innovative and pro-growth president in financial matters.
Cryptocurrency is going mainstream
This election cycle saw the cryptocurrency industry taking a place in mainstream issues following broader adoption across demographics. From candidates moving toward enthusiasts to recent pro-Congress legislation, cryptocurrencies have become a rallying point for officials. The U.S. regulatory landscape has been criticized for stifling growth due to frequent SEC LawsuitsThis has led executives to push for pro-cryptocurrency laws and raise money for pro-industry candidates.
Read also: Federal Reserve Predicts “AI Will Be Deflationary” to Stimulate Economy
David is a financial news contributor with 4 years of experience in Blockchain and cryptocurrency. He is interested in learning about emerging technologies and has an eye for breaking news. Keeping up to date with trends, David has written in several niches including regulation, partnerships, cryptocurrency, stocks, NFTs, etc. Away from the financial markets, David enjoys cycling and horseback riding.
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US Court Orders Sam Ikkurty to Pay $84 Million for Cryptocurrency Ponzi Scheme
A federal court has ordered Jafia LLC and its owner, Sam Ikkurty, to pay nearly $84 million to cryptocurrency investors after ruling that the company was operating a Ponzi scheme.
The ruling, issued by Judge Mary Rowland in the U.S. District Court for the Northern District of Illinois, follows a lawsuit filed by the Commodity Futures Trading Commission (CFTC) in 2022 after the fund collapsed.
Judge Rowland found that Ikkurty, based in Portland, Oregon, did numerous false claims on his company’s hedge funds.
These included misleading statements about his trading experience and the promise of high and stable profits. Instead, Ikkurty used funds from new investors to pay off previous investors, a hallmark of a Ponzi scheme.
The Ponzi Scheme
The court found that Ikkurty misappropriated investment funds for personal use without the knowledge of the investors. These funds were used for personal use and were reported as Fraudulent Investmentscausing significant financial losses to customers.
This non-transparent operation violated Transparency Commission regulations, which led to the imposition of a hefty fine to compensate defrauded investors and restore some public confidence in the financial system.
Judge Rowland emphasized that fraudulent activity such as this violates the law and undermines the integrity of modern financial markets. The $84 million award seeks to address the financial harm inflicted on investors and reinforce the importance of legal compliance in cryptocurrency trading.
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