Regulation
Former SEC Official Asks Gary Gensler To Resign, Here’s Why
Gary Gensler, the current Chair of the U.S. Securities and Exchange Commission (SEC), has recently come under renewed scrutiny. Former SEC official John Reed Stark publicly suggested that Gensler should step down to allow for a new direction regarding cryptocurrency regulation. Stark’s comments follow Donald Trump’s 2024 presidential election victory, with some analysts speculating that a leadership change may soon take place.
Ex-SEC Official John Reed Stark Calls for Gensler’s Resignation
John Reed Stark, who formerly served with the SEC, has urged Chair Gary Gensler to resign. The former SEC official emphasized the need to halt ongoing crypto-related investigations and policy initiatives. Stark proposed that SEC staff compile a comprehensive list of all active cryptocurrency cases to ease the transition for any incoming chair.
This recommendation aligns with a perceived shift in public sentiment regarding regulatory practices, John Reed Stark added,
“Like it or not, the people have spoken and their will must be respected.”
Stark’s statement comes amid heightened debate over the SEC’s stance on digital assets. Over the past few years, the agency has implemented stringent measures on various cryptocurrency entities and has frequently engaged in litigation to enforce compliance. Stark’s call reflects a growing sentiment among industry stakeholders who seek a balanced regulation approach under new leadership.
Will Gary Gensler Resign This Week? Who’s Next Chair?
In light of the recent concerns, XRP attorney James Murphy has also predicted that Gary Gensler may step down soon. Murphy pointed out a historical pattern where SEC chairs often resign following a new presidential administration. For instance, Mary Jo White’s departure in 2016 after Trump’s first election and Jay Clayton’s exit in 2020 after Biden’s win.
Murphy’s observations suggest that Gary Gensler may follow suit as the new administration begins.
Richard Farley, a Wall Street lawyer with extensive experience in finance, has emerged as a potential candidate for SEC Chair under the incoming administration. Farley is known for his work with financial institutions like Goldman Sachs and UBS. More so, his legal expertise aligns with a potential shift towards a more crypto-friendly SEC. Farley’s appointment would signal a policy shift, with a likely emphasis on fostering balanced approach to crypto regulation.
This potential appointment underscores Trump’s intention to take a different approach to digital assets.
In addition, as Trump assembles his new administration, insiders reveal that the President-elect is inclined to let Jerome Powell complete his term as Federal Reserve Chair, which runs until May 2026. Although Trump has previously criticized Powell, his decision to retain Powell would ensure continuity in monetary policy.
In recent reports, another pro-crypto figure, CEO of Cantor Fitzgerald, Howard Lutnick, is considered a leading candidate for the role of U.S. Treasury Secretary under President-elect Donald Trump. Known for his support of Tether, Lutnick is actively lobbying for the position, intensifying speculation about Trump’s pro-Bitcoin administration.
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.
Regulation
BitClave Investors Get $4.6M Back In US SEC Settlement Distribution
BitClave investors have started receiving $4.6 million in repayments from the U.S. Securities and Exchange Commission (SEC), following a settlement reached in 2020. The SEC announced on Nov. 20 that payments from the BitClave Fair Fund had been disbursed to eligible investors harmed during the company’s 2017 initial coin offering (ICO).
Pro-XRP lawyer and online commentator “MetaLawMan” criticized the SEC’s stance on digital assets, stating on social media, “Here we go again with ‘digital asset securities.’ Unbelievable.” The lawyer’s statement reflects ongoing industry frustrations over the SEC’s regulatory approach to cryptocurrencies.
BitClave Investors Get $4.6M Back in US SEC Settlement
The US SEC assured the public that $4.6 million was returned to investors who filed the claims and were eligible for the refunds. These funds were agreed upon in 2020 after the SEC accused BitClave of conducting an unregistered ICO.
The company’s initial coin offering (ICO) in 2017 brought in $25.5 million in only 32 seconds and distributed its Consumer Activity Token (CAT) to thousands of buyers. The SEC therefore claimed that the ICO was an unregistered securities transaction because potential investors were induced to invest in the CAT token with an expectation of appreciation of its value.
Under the settlement, BitClave will have to refund the money it raised and also pay $4 million in fines and interest. In between these settlements, John Deaton has accused the regulator of using laws that were set in 1933.
The Fair Fund was therefore created to ensure that the funds are returned to the affected investors. The claims submission period closed in August 2023, and the eligible investors received the information on the claims in March 2024. The Securities and Exchange Commission posted on its social media accounts that the payment has been made, and “the checks are in the mail.”
BitClave Settlement Included Penalties and Token Destruction
In the settlement, BitClave did not accept or reject the accusations made by the SEC but agreed to cough up $29 million. This total consisted of the $25.5 million that was generated in the ICO and the additional $4 million in fines.
Concurrently, the company also committed to burning 1 billion of the catalyst tokens that have not been distributed and to ask exchanges to delist the token.
The Securities and Exchange Commission therefore pointed out that by February 2023, BitClave had only remitted $12m to the Fair Fund, thus leaving questions on the balance of $7.4m. Neither the SEC nor the fund administrator gave further details on the matter, and it is still uncertain as to how the outstanding payment will be collected.
US SEC Maintains Strict Regulatory Stance on Crypto
The US SEC has continued to enforce regulations on crypto companies under the Biden administration, with over 100 enforcement actions taken against the industry. BitClave’s settlement, subsequently, is one of many cases where the regulator has targeted unregistered ICOs and other alleged securities violations.
BitClave’s case, handled under former SEC Chairman Jay Clayton, emphasized the agency’s view that many digital assets fall under securities laws. The CAT white paper described potential value increases, which the regulator argued encouraged speculative investment in an unregistered security.
As the US SEC faces criticism, President-elect Donald Trump has expressed plans to reshape crypto oversight. Trump has promised to remove current SEC Chair Gary Gensler and is reportedly considering creating a new White House position dedicated to cryptocurrency policy.
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.
Regulation
US SEC Pushes Timeline For Franklin Templeton Crypto Index ETF
The United States Securities and Exchange Commission (US SEC) has further delayed its decision on Franklin Templeton’s Bitcoin and Ethereum index ETF. From the filing made on November 20, 2024, it has been agreed that the decision on the proposal will be made on January 6, 2025 to afford the regulating authority ample time to consider the proposal.
US SEC Extends Review Period for Franklin Templeton Crypto Index ETF
According to the US SEC filing of November 20, 2024, the commission deferred its decision on the Bitcoin and Ethereum index ETF by Franklin Templeton. Therefore, the regulatory body is seeking to extend the review period to January 6, 2025. The extension will help to have more time to consider the application which was filed on September 19, 2024.
The proposal was first published in the Federal Register on October 8, to kick start a thirty-five (35) days review period. As a result, the review was to end on November 22, 2024. Consequently, the review was to expire on November 22, 2024. However, the SEC’s decision to delay indicates a thorough approach to reviewing the fund’s compliance with crypto regulations.
Meanwhile, no public comments on the proposed rule change have been submitted, leaving the US SEC to focus on internal assessments. This delay concurs with the commission’s conservative approach to the products that are connected with cryptocurrencies. The extra time will allow more detailed research of fund’s organization and market risks.
Franklin Templeton Expands Push Into Cryptocurrency ETFs
Franklin Templeton is broadening its efforts in the cryptocurrency space with its proposed Bitcoin and Ethereum index ETF. The asset manager, which oversees $1.5 trillion in assets, has previously launched a spot Bitcoin ETF and a spot Ethereum ETF.
If approved, the latest ETF would add to Franklin Templeton’s portfolio of crypto-focused investment products, further diversifying options for institutional.
In addition, Franklin Templeton has taken a major step in its tokenization efforts, announcing the expansion of its Benji tokenization platform to the Ethereum network. This marks the fifth blockchain integration for the platform this year, following launches on Aptos, Avalanche, Arbitrum, and Coinbase’s Base.
Despite the US SEC overall crypto ETF delays, other market players are moving further with their strategies . Last week, Bitwise submitted a registration statement to transform the Bitwise 10 Crypto Index Fund which now manages $1.3 billion into an ETP. It investments in Bitcoin represent 75% of the fund and Ethereum is 16% of the fund; these two assets sum up to 91%.
Moreover, the filing comes when diversified crypto index funds seem to be gaining popularity among investors. Bitwise’s move will make investing in cryptocurrencies more accessible for retail audiences. When approved, this ETP will also set a paradigm for the expansion of multi-asset crypto based product offerings.
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.
Regulation
US DOJ Charges Five Hackers In $6.3M Crypto Hack & Corporate Data Breaches
The United States Department of Justice (DOJ) has charged five individuals in connection with a crypto hacking scheme that allegedly stole $6.3 million in cryptocurrency and breached sensitive corporate data.
The charges, announced on Wednesday, stem from a multi-year phishing and hacking operation that targeted employees of major tech firms, telecommunication companies, and cryptocurrency platforms.
US DOJ Charges Five Hackers In $6.3M Crypto Hack
The US DOJ identified the defendants as Ahmed Hossam Eldin Elbadawy, 23, of Texas; Noah Michael Urban, 20, of Florida; Evans Onyeaka Osiebo, 20, of Texas; Joel Martin Evans, 25, of North Carolina; and Tyler Robert Buchanan, 22, a UK citizen arrested in Spain earlier this year. All five have been charged with conspiracy to commit wire fraud, aggravated identity theft, and related offenses.
According to prosecutors, the group used phishing text messages to steal employees’ credentials, enabling unauthorized access to corporate systems and cryptocurrency accounts. Buchanan faces additional charges of wire fraud, which carries a potential 20-year prison sentence.
The defendants are accused of targeting at least 45 companies in the U.S., Canada, the UK, and other nations between September 2021 and April 2023. The alleged crypto hack scheme involved spoofing legitimate portals of companies such as Okta and compromising two-factor authentication to obtain sensitive information.
Phishing Attacks and Cryptocurrency Thefts
The hacking operation reportedly involved sending fraudulent SMS messages to employees of victim companies, warning them that their accounts were at risk of deactivation. These messages contained links to phishing websites designed to mimic the companies’ legitimate login portals. Employees who entered their credentials unwittingly gave the hackers access to their accounts and corporate systems.
Once inside the systems, the hackers stole intellectual property, proprietary data, and sensitive personal information. They also used SIM-swapping techniques to bypass additional account protections and reset passwords. The US DOJ stated that one victim alone lost $6.3 million in cryptocurrency due to these attacks.
Akil Davis, Assistant Director of the FBI’s Los Angeles Field Office, emphasized the dangers of phishing scams, saying, “These types of fraudulent solicitations are ubiquitous and rob American victims of their hard-earned money with the click of a mouse.”
US DOJ Links to Notorious Hacking Groups
Security researchers have linked the accused individuals to cybercrime groups known as “0ktapus” and “Scattered Spider,” which are believed to be responsible for previous high-profile attacks.
These groups reportedly breached hundreds of companies, including Twilio, Coinbase, and Doordash, during a hacking campaign in 2022. They later expanded their operations to target gaming companies such as Riot Games in 2023.
The court documents describe the group as a loosely organized, financially motivated cybercriminal network. Law enforcement officials believe other individuals involved in the operation remain unidentified, with the indictment mentioning unnamed co-conspirators.
Potential Sentences and Ongoing Investigations
If convicted, the defendants face severe penalties. Each could receive a maximum of 20 years in prison for conspiracy to commit wire fraud, up to five years for conspiracy, and an additional mandatory two-year sentence for aggravated identity theft. Prosecutors also revealed that Urban faces fraud charges in a separate federal case in Florida.
Concurrently, former FTX executive Gary Wang recently avoided prison time despite his role in the collapse of the cryptocurrency exchange. Wang admitted to helping write the code that enabled FTX founder Sam Bankman-Fried to misappropriate $8 billion in customer funds. Judge Lewis Kaplan ruled that Wang’s cooperation with authorities and lack of personal financial gain justified leniency.
The US DOJ continues to investigate the matter, warning companies to remain vigilant against phishing attempts. U.S. Attorney Martin Estrada stated, “If something about the text or email you receive or the website you’re viewing seems off, it probably is.”
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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