Regulation
Senator Cynthia Lummis, McHenry Push US SEC To Revoke SAB 121
Senator Cynthia Lummis and House Financial Services Committee Chairman Patrick McHenry have called on the US Securities and Exchange Commission (SEC) to retract Staff Accounting Bulletin 121 (SAB 121).
In a letter sent to the SEC Chair Gary Gensler, they complained about the rule and its negative impact on the crypto industry and demanded it be withdrawn before the SEC oversight hearings.
Senator Cynthia Lummis, McHenry Pushback on SAB 121
According to a letter from Cynthia Lummis, McHenry, and a bipartisan group of lawmakers, SAB 121 imposes undue burdens on crypto custodians by requiring them to list customer assets as liabilities on their balance sheets. In the letter, 13 senators and 29 House representatives signed up for the petition to have SAB 121 nullified.
They contend that this accounting rule overstates the legal obligations of the custodians and exposes consumers to more risk.
The letter also noted that SAB 121 was put into practice without what it referred to as adequate consultation with the relevant regulators and without following the notice and comment procedure expected under the Administrative Procedure Act (APA). A Government Accountability Office (GAO) review characterized SAB 121 as a formal rule, and there was much controversy regarding how the Securities and Exchange Commission implemented it as staff guidance.
Ritchie Torres Criticizes SEC
Congressman Ritchie Torres also voiced strong opposition to SAB 121, accusing the SEC of misusing the rule. Torres criticized the agency for further implementing SAB 121 in a way that contradicts generally accepted accounting principles (GAAP).
Therefore, the letter represents a sentiments of both the House and Senate who had earlier on passed similar resolutions disapproving the Staff Accounting Bulletin 121 Bill. Critics of SAB 121 argued that this hinders financial innovation and burdens custodians with unnecessary regulation that may slow down the development of cryptocurrencies in the US.
The lawmakers also underlined that the SEC has the power to cancel the bulletin and asked Gensler to collaborate with the Congress to adopt new measures that will better regulate the digital assets sector in a way that will not hinder its growth while ensuring consumer protection.
Closed-Door Exemptions Raises Doubts
The letter also had other issues with the Securities and Exchange Commission’s use of SAB 121. Lawmakers also accused the SEC’s Office of Chief Accountant of conducting behind-the-scenes meetings with specific industry players and providing them with permission to ignore the balance sheet disclosure provisions of the bulletin. This selective process, as stated in the letter, has led to ambiguity and unequal application of SAB 121 thus eroding its credibility.
The lawmakers’ actions align with increased focus on the SEC’s regulatory stance on cryptocurrencies. Moreover, Coinbase has been in a legal tussle with the SEC over the classification of digital assets.
Subsequently, the call for the revocation of Staff Accounting Bulletin 121 Bill comes ahead of US SEC Chair Gary Gensler’s testimony before Congress on September 24 and 25. Gensler is expected to face pointed questions from lawmakers about the agency’s enforcement actions in the digital asset sector. The hearings are likely to cover not only SAB 121 but also broader concerns about the SEC’s handling of cryptocurrency regulation.
Kelvin Munene Murithi
Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
Wyoming Senator, Cynthia Lummis, an advocate for digital assets, has criticized the US Securities and Exchange Commission’s (SEC) handling of cryptocurrency regulations. Speaking on CNBC’s Squawk Box, Lummis criticized SEC Chair Gary Gensler for his attitude towards the cryptocurrency market saying it was counterproductive and problematic.
Senator Cynthia Lummis Critiques US SEC’s Crypto Regulation
During the interview, the Senator stressed that the US crypto industry has many problems, which are only accentuated by the current tactics of the SEC. Lummis took aim at SEC Chairman Gary Gensler for his approach to regulating the sector, which she said involved using enforcement actions instead of clear guidelines.
She pointed out that this has resulted in a lot of uncertainty, with many digital asset companies ending up mired in legal disputes instead of being offered clear rules to follow.
According to Senator Cynthia Lummis, the SEC has been a significant hindrance to the further development of the cryptocurrency sector despite the need for regulatory certainty. She pointed out that the current legal framework is insufficient and incapable of catching up with the advancement, especially considering the EU which adopted a complete set of crypto laws in 2023. Lummis noted that the United States might lose its position in the global financial services market if such shortcomings in regulation are not filled as soon as possible.
“Crypto Assets Should Fall Under CFTC Oversight”
Lummis also touched on the category of digital assets and shared her view that Bitcoin and Ethereum are commodities and should fall under CFTC jurisdiction instead of the SEC.
She noted that the SEC strategy, which has tended to categorize digital assets as securities, does not apply to decentralized cryptocurrencies such as Bitcoin and Ethereum.
Senator Cynthia Lummis also stressed that Congress should step up and come up with proper legislation that would state the scope of different agencies concerning digital assets. She noted that despite the fact that there are still some assets that can be regulated by the CFTC, there is a need to have a clear and current framework for the regulation of the market. She also pointed out that the Howey Test, which is a legal test applied to ascertain whether an asset can be considered a security, may require an update in view of the current developments in the crypto market.
Gary Gensler’s Stance on BTC and ETH
In contrast with Senator Cynthia Lummis, SEC Chair Gary Gensler has maintained that the U.S. already has crypto regulations in place. During an interview, Gensler responded to criticism from industry stakeholders, arguing that “not liking the rules is not the same as there being no rules.”
He insisted that the SEC is focused on protecting investors, noting that many crypto firms have benefited from public interest in digital assets without providing proper disclosures.
Gensler affirmed that Bitcoin is not a security, a stance shared by his predecessor Jay Clayton. This distinction, Gensler noted, allowed the SEC to approve the launch of Bitcoin Spot Exchange-Traded Funds (ETFs) earlier this year. However, Gensler has remained largely silent on the classification of Ethereum, though its treatment as a commodity has been inferred from regulatory decisions regarding Ethereum ETFs.
Lummis Calls for Changes in Crypto Regulation
According to the Wyoming Senator, these gaps can only be closed by legislation. She cited her plan with Senator Kirsten Gillibrand to change the wash sale rule in order to increase the funding for the CFTC and its capacity to regulate the digital asset space.
This proposal, she said, would allow for a more comprehensive approach to regulating the crypto space without jeopardizing its potential.
In addition, Senator Cynthia Lummis and a number of other lawmakers have also expressed concern about the SEC’s Staff Accounting Bulletin 121 (SAB 121) that forces crypto custodians to include customer assets as liabilities. In a letter to Gensler, lawmakers demanded that SAB 121 be withdrawn stating that it places undue regulatory restraints on the crypto industry.
Kelvin Munene Murithi
Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
- UK Gambling Commission charges Sorare for providing unlicensed gambling services.
- The United Kingdom’s Gambling Commission has been investigating Sorare for three years.
- Sorare denies wrongdoing, asserting it is not a gambling platform under UK law.
The United Kingdom’s Gambling Commission has taken legal action against Sorare, a blockchain-based fantasy sports platform, accusing the company of operating unlicensed gambling facilities.
Sorare, headquartered in France, offers non-fungible tokens (NFTs) tied to fantasy sports teams and athlete collectibles. Following the Gambling Commission’s move, the platform is set to appear in a UK court on October 4.
The Gambling Commission opened its investigation into Sorare in October 2021 but has largely kept its findings under wraps.
As of July 2023, the Commission had not made its conclusions public, instead stating that it would engage in further dialogue with operators and third parties before reaching a final verdict.
The upcoming court battle represents the culmination of nearly three years of regulatory scrutiny.
What is Sorare?
Sorare, founded in 2018, allows users to collect and trade digital cards in the form of NFTs. These cards represent real-life athletes, and users can create fantasy teams to compete based on the players’ real-world performances.
The platform covers multiple sports, including football, basketball, and baseball. Player performance in actual games directly impacts the fantasy teams, making the platform interactive for users.
Sorare’s NFT cards can be traded or sold, sometimes reaching values in the hundreds of thousands of dollars.
Sorare denies any wrongdoing
In response to the charges, Sorare has firmly denied any wrongdoing.
In a public statement issued by the company’s spokesperson, Sorare has argued that it is not a gambling platform under UK law and criticized the Gambling Commission for misinterpreting its business model.
As quoted by The Guardian, the spokesperson said, “We firmly deny any claims that Sorare is a gambling product under UK laws. The Commission has misunderstood our business and wrongly determined that gambling laws apply to Sorar.”
Sorare has faced legal challenges before, including a similar case in France. In that instance, the company reached a settlement before the matter could proceed to court.
Initially, Sorare only accepted cryptocurrency payments for transactions on its platform. However, in 2023, the company expanded its payment options to include traditional fiat currencies in an effort to increase user adoption.
The outcome of the UK case could have significant implications for Sorare and the broader NFT gaming industry, which continues to blur the lines between collectibles, gaming, and gambling.
The U.S. Securities and Exchange Commission (SEC) announced today that it has settled charges against Mango DAO, Blockworks Foundation, and Mango Labs LLC for their involvement in the unregistered sale of crypto assets on the Mango Markets platform.
The SEC’s enforcement action targets the sale of MNGO governance tokens and alleges that these entities failed to comply with federal securities laws, depriving investors of essential legal protections.
US SEC Settles With Mango Markets
According to the SEC, Mango DAO, a decentralized autonomous organization, and Blockworks Foundation, a Panamanian entity, raised more than $70 million from unregistered offers and sales of MNGO tokens beginning in August 2021.
The tokens, marketed as governance tokens of the Mango Markets platform, were sold to hundreds of investors worldwide, including in the United States. The SEC’s complaint argues that by bypassing registration requirements, the entities did not provide investors with the disclosures and safeguards mandated by U.S. securities laws.
MNGO tokens were promoted as governance tokens intended to provide holders with decision-making power within the Mango Markets ecosystem. However, the SEC maintains that their sale should have been registered under the Securities Act of 1933, as the tokens were deemed to be securities.
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Kelvin Munene Murithi
Kelvin is a distinguished writer with expertise in crypto and finance, holding a Bachelor’s degree in Actuarial Science. Known for his incisive analysis and insightful content, he possesses a strong command of English and excels in conducting thorough research and delivering timely cryptocurrency market updates.
Disclaimer: The presented content may include the personal opinion of the author and is subject to market condition. Do your market research before investing in cryptocurrencies. The author or the publication does not hold any responsibility for your personal financial loss.
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