Regulation
Kraken appoints former Paxos executive as its new chief legal officer
- Kraken has appointed former Global General Counsel as legal chief
- The exchange recently gained an EU MiFID license for regulated trading
- With the new legal chief, Kraken aims to navigate US regulatory challenges
Kraken has appointed Ben Gray, former Global General Counsel at Paxos, as its new Chief Legal Officer.
The news comes a day after securing a Markets in Financial Instruments Directive (MiFID) license.
This strategic move comes as the cryptocurrency exchange aims to navigate the increasingly complex regulatory landscape while expanding its offerings in the European market.
A timely appointment
Kraken’s decision to bring Gray on board is seen as a significant step towards strengthening its legal and compliance framework.
Gray’s deep experience in the cryptocurrency sector, particularly from his tenure at Paxos where he managed legal, compliance, and enterprise risk, positions him perfectly to lead Kraken through its current regulatory challenges.
His background also includes working with Binance, showcasing his versatility in handling the multifaceted legal issues within the crypto industry.
The timing of Gray’s appointment could not be more critical. Kraken has been under scrutiny from regulators, notably from the US Securities and Exchange Commission (SEC), which accused the exchange of operating as an unregistered securities platform.
With this legal battle in the backdrop, Gray’s leadership in legal affairs is expected to be instrumental in navigating these challenges. His role will encompass overseeing Kraken’s legal strategy, ensuring compliance, and managing enterprise risks, all of which are vital for the company’s operations both in the US and abroad.
In the official announcement of the appointment of Gray, Kraken’s co-CEO Arjun Sethi expressed enthusiasm about Gray’s addition to the leadership team, emphasizing his role in scaling the business and fighting for regulatory clarity.
Sethi’s comments reflect a broader vision where Kraken not only seeks to expand its geographical footprint, but also aims to set industry standards for security, innovation, and compliance. This vision is particularly relevant in Europe, where Kraken sees substantial growth potential and where regulatory compliance can act as a competitive edge.
Controversy has trailed the announcement of a Crypto Strategic Reserve with critics taking swipes at crypto czar David Sacks over allegations of unjust enrichment. Gemini cofounder Cameron Winklevoss has waded in to defend Sacks, noting that the crypto czar is losing a fortune in gains by preventing a conflict of interest.
Gemini Founder Says Sacks Could Lose Up To $1 Billion In Crypto Gains
Amid swirling speculations of unjust enrichment, Sacks confirmed the sale of all his cryptocurrency holdings to avoid a conflict of interest. Gemini Founder Cameron Winklevoss remarked that Sacks’ decision to sell off all cryptocurrencies would cost him gains running into a billion dollars.
“David Sacks is going to easily lose out on $1 billion in crypto gains over the next 4 years,” said Winklevoss. “He sold all of his crypto holdings (including $85 million of his personal holdings) prior to becoming AI and crypto czar.”
Sacks has previously confirmed the sale of his digital asset holdings while denying Multicoin exposure after divesting his stake. According to Sacks, he cumulatively sold $200 million worth of cryptocurrencies while disposing of $85 million worth of personal assets. He confirmed that he liquidated his holdings in crypto funds, including Bitwise and Blockchain Capital, before assuming office.
Cameron says Sacks is at the helm of a policy shift for cryptocurrencies in the US but will not reap any benefits from the windfall of changes.
“He is doing tremendous work and will not be sharing in any of the economic upsides to avoid even the slightest appearance of a conflict,” said the Gemini cofounder.
Sacks Leads The Charge For New Crypto Policy Without Pecuniary Benefits
David Sacks has hit the ground running since his appointment as crypto and AI czar, playing a key role in setting up the White House Crypto Summit. His efforts led to the establishment of a Strategic Bitcoin Reserve and the US Digital Asset Stockpile.
Sacks disclosed that the US has lost over $17 billion from the previous sale of confiscated Bitcoins. The concerted efforts of Sacks are expected to trigger new institutional interest in the ecosystem, sending prices to new all-time highs by the end of Trump’s first tenure.
Aliyu Pokima
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.
Crypto exchange Coinbase has stated that the Federal Deposit Insurance Cooperation (FDIC) has refused to cooperate in Operation Choke Point 2.0 investigation while denying transparency on their part. While other agencies like the U.S. Office of the Comptroller of the Currency (OCC) rolled back in 2020 guidance, agencies like the FDIC have been reluctant on this matter.
Coinbase CLO Blames FDIC for Refusal on Transparency
In a message on the X platform, Coinbase CLO Paul Grewal lashed out at the FDIC for its refusal to cooperate and resist basic transparency efforts towards unwinding of the Operation Choke Point 2.0. This operation major led to the debanking of crypto companies with the goal of leaving them dry of liquidity. Speaking on it, Grewal wrote:
“They haven’t gotten the message. Despite a huge week for crypto across the rest of the federal government, on this late Friday night over at FDIC staff still continue to resist basic transparency into Operation Chokepoint 2.0”.
The crypto exchange asked the regulatory agency on how they conducted the “due diligence” to ensure no documentation related to the event was destroyed. However, according to Grewal, the agency has “repeatedly refused” to provide this information.
He also stated that FDIC has been withholding key information related to its Freedom of Information Act (FOIA) practices, and has only provided “snippets from a few documents” that appear unrelated to the specific FOIA policies or practices challenged in the amended complaint filed by History Associates.
“What exactly are they hiding?” Grewal questioned FDIC, highlighting concerns over the agency’s transparency in handling FOIA requests.
Developments in Operation Choke Point 2.0 Elimination
Fox Business journalist Eleanor Terret stated that the recent White House Crypto Summit highlights major regulatory changes that would be coming to the crypto industry. During his remarks at the event, President Donald Trump referenced the rollback of Biden-era banking regulations, which critics say facilitated “Operation Chokepoint 2.0”.
While the FDIC is not cooperating on the matter, the Office of the Comptroller of the Currency (OCC) is reversing 2020 guidance that restricted banks from engaging with and providing custody services for cryptocurrencies.
“This rollback is a major signal the industry and banks have been waiting for,” Terret stated. She added that it could pave the way for financial institutions to begin actively participating in the digital assets space.
Bhushan Akolkar
Bhushan is a FinTech enthusiast with a keen understanding of financial markets. His interest in economics and finance has led him to focus on emerging Blockchain technology and cryptocurrency markets. He is committed to continuous learning and stays motivated by sharing the knowledge he acquires. In his free time, Bhushan enjoys reading thriller fiction novels and occasionally explores his culinary skills.
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.
The ongoing Ripple vs. SEC lawsuit may conclude without any changes to the $125 million judgment against Ripple, according to attorney Fred Rispoli.
The legal expert suggested that the Securities and Exchange Commission (SEC) might be waiting for new leadership before making a final decision. This has led to discussions about whether Ripple could negotiate a reduced penalty or alternative settlement.
Ripple vs. SEC Lawsuit Could End with $125M Judgment
The US SEC, currently led by a 2-1 pro-crypto commission under acting Chair Mark Uyeda, has not dropped its case against Ripple, despite withdrawing other cryptocurrency-related lawsuits. Legal analysts Fred Rispoli in an X post believes the agency is waiting for new SEC Chair candidate Paul Atkins to take office before making further decisions on the case.
Fred Rispoli has argued that dropping the appeal while keeping the $125 million fine would save the SEC from further legal battles.
“The best satisfaction of this, if true, is that it nullifies the thousands of hours of work put in by SEC staff to get the $125M judgment,” Rispoli stated in a post on X.
The Ripple vs. SEC lawsuit remains one of the most complex legal battles in the cryptocurrency industry. While the SEC recently closed cases against Kraken, Coinbase, and ConsenSys, it has yet to take similar action against Ripple. Some legal experts believe the injunction on Ripple’s institutional sales of XRP may be a key factor in the delay.
Speculation Over XRP Payments and Strategic Reserves
There has been speculation that Ripple could settle the $125 million fine by transferring XRP instead of cash. Vincent Van Code, a market analyst, suggested that Ripple might be negotiating to pay the fine in XRP, which could then be allocated to a government-controlled cryptocurrency reserve.
According to Van Code, “Some are speculating that Ripple, rather than pay $125 million in dollars, provides the equivalent in XRP to the new crypto strategic reserve.” However, attorney Rispoli doubts that such an arrangement is likely, given the slow progress in legal proceedings.
Meanwhile, Ripple’s escrow holdings, which contain approximately 37.1 billion XRP, have been at the center of discussions regarding potential government acquisitions. Over the weekend, U.S. President Donald Trump confirmed that XRP would be part of the country’s digital asset reserve, fueling speculation that Ripple’s escrow could be involved in the legal negotiations.
XRP Sales Restrictions Remain a Key Issue
The Ripple vs. SEC lawsuit has focused on whether XRP should be classified as a security. In 2023, Judge Analisa Torres ruled that Ripple’s institutional sales of XRP were securities transactions, leading to the $125 million fine. Ripple has since been working to challenge the injunction that restricts certain sales of XRP to banks and payment processors.
According to legal experts, Ripple’s efforts to overturn the injunction could be a reason why the SEC has not yet dropped its case. Attorney Jeremy Hogan has suggested that Ripple may be engaging with the Second Circuit Court of Appeals to contest the ruling.
Meanwhile, Ripple Chief Technology Officer (CTO) David Schwartz has dismissed concerns about XRP inflation. Schwartz reaffirmed that XRP’s total supply cannot be increased under the XRP Ledger’s code.
“There is literally no function to create any more XRP. The code to do such a thing does not exist,” he stated.
As for the Ripple vs. SEC lawsuit, it is currently under review at the Second Circuit Court of Appeals. The SEC submitted its arguments to the court on January 15, 2025, and Ripple has until April 16 to file its response.
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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