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.
Regulation
FDIC Releases Docs on Crypto Debanking Ahead Of Chokepoint 2.0 Hearing
The Federal Deposit Insurance Corporation (FDIC) has released 175 documents related to its supervision of banks involved in crypto activities. The release comes ahead of a court-ordered deadline and coincides with the upcoming congressional hearing on banking practices and financial access.
FDIC Released 175 Documents on Crypto Debanking
According to a recent press statement, the FDIC has made public 175 documents detailing its supervision of banks that engaged in or sought to engage in crypto-related activities. The documents reveal patterns of resistance from regulators, with banks facing extended delays, repeated requests for additional information, and directives to pause or refrain from expanding blockchain and crypto-related operations.
The release follows a court-ordered deadline set for Friday. Acting FDIC Chairman Travis Hill stated that the decision to disclose these documents will increase transparency. The move is also aimed at exceeding the requirements of the Freedom of Information Act (FOIA).
The FDIC had previously disclosed 25 “pause” letters sent to 24 institutions interested in blockchain and crypto-related ventures.
However, the newly released documents include additional correspondence with these institutions, along with communications involving other banks not previously identified.
Travis Hill commented,
“The documents that we are releasing today show that requests from these banks were almost universally met with resistance, ranging from repeated requests for further information, to multi-month periods of silence as institutions waited for responses, to directives from supervisors to pause, suspend, or refrain from expanding all crypto- or blockchain-related activity.”
Congressional Hearing Set to Address Banking Practices
The document release comes just before a scheduled congressional hearing on banking practices and financial access. The hearing is expected to focus on concerns over the FDIC’s previous supervisory approach to crypto-related activities, as well as broader issues surrounding regulatory scrutiny of financial institutions.
Acting Chairman Hill noted that the documents demonstrate a regulatory environment that made it increasingly difficult for banks to proceed with digital asset initiatives. The disclosures indicate that the vast majority of institutions ultimately halted their crypto-related activities due to regulatory obstacles.
Senator Cynthia Lummis Applauds Transparency Move
Following the release, Senator Cynthia Lummis commended the FDIC’s move, emphasizing the importance of government transparency. In a statement, she expressed appreciation for Acting Chairman Hill and the administration for making the documents available to the public.
Senator Lummis also declared an end to what she referred to as “Chokepoint 2.0,” efforts to limit banking access for businesses in the crypto sector.
I am thrilled the FDIC acted swiftly & efficiently to release these documents. I want thank Chairman Hill and @POTUS for your commitment to government transparency! We are putting an END to Chokepoint 2.0.
— Senator Cynthia Lummis (@SenLummis) February 5, 2025
Earlier on, pro-crypto Senator Cynthia Lummis warned former Chair Marty Gruenberg against obstructing Senate oversight. She demanded the FDIC preserve all documents tied to OCP 2.0. Lummis also cautioned against retaliation toward whistleblowers, citing potential criminal referrals.
Plans to Revise Crypto Supervisory Approach
In response to concerns raised by the documents, the FDIC has announced plans to reassess its approach to crypto-related activities. This includes replacing Financial Institution Letter (FIL) 16-2022, a guidance document that is restrictive in engaging with blockchain technology.
The FDIC also intends to collaborate with the President’s Working Group on Digital Asset Markets, established by a recent executive order. The agency will develop a regulatory framework that allows institutions to engage in crypto-related activities while adhering to safety principles.
The Federal Deposit Insurance Corporation, under the previous administration, received a lot of criticism for its alleged anti-crypto actions. Coinbase CLO Paul Grewal accused the agency of trying to “kill BTC transactions” and suppress blockchain technology. He claimed FDIC officials hid key evidence in the FOIA case and misused Exemption 8 to cover their tracks.
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
India’s financial regulator fines Bybit $1M, compliance status unclear
- Bybit has been fined $1.06M for PMLA non-compliance.
- India blocked Bybit sites pausing the exchange operations in the country.
- Bybit is seeking a VDASP license amid compliance confusion.
India’s financial watchdog has levied a hefty fine of $1.06 million (9.27 crore rupees) on Bybit, one of the world’s largest crypto exchanges, for failing to adhere to the country’s stringent anti-money laundering regulations.
While this move underscores India’s commitment to regulating the burgeoning cryptocurrency market, it leaves Bybit’s compliance status in a state of ambiguity.
Why such a hefty fine?
Bybit’s troubles began when it was found operating without securing mandatory registration under the Prevention of Money Laundering Act (PMLA).
According to the Financial Intelligence Unit (FIU) of India, Bybit is classified as a ‘reporting entity’ due to its services in the digital asset space.
In December 2023, the FIU identified several crypto exchanges for non-compliance with local anti-money laundering laws but Bybit was notably not among the listed exchanges.
However, the exchange continued to expand its operations in India without the required registration, prompting the FIU to take action.
Indian authorities, through the Ministry of Electronics and Communication Technology (MEITY), blocked Bybit’s websites under the Information Technology Act, 2000, effectively halting Bybit’s operations in India.
However, the suspension came after Bybit had already announced a pause in its services due to “recent developments with Indian regulators,” hinting at prior knowledge of regulatory scrutiny.
Bybit has applied for a VDASP license in India
Amidst these challenges, Bybit has been actively working towards rectifying its status in India. The exchange has applied for a Virtual Digital Asset Service Provider (VDASP) license, aiming to legally operate within India’s crypto market.
This application was completed back on June 26, 2024, indicating a proactive approach to meet regulatory requirements.
Vikas Gupta, Bybit’s country manager for India, expressed optimism about obtaining a full operations license in the coming weeks, suggesting an expectation of smoother regulatory waters ahead.
Initially, there were announcements from Bybit suggesting successful registration and fine settlement, but these were later retracted, leaving the public and stakeholders in limbo regarding the exact compliance status of Bybit in India.
India’s approach indicates a strong push towards ensuring that all financial entities, including those dealing in cryptocurrencies, adhere strictly to anti-money laundering and counter-terrorism financing norms.
Other major exchanges like Binance, KuCoin, and OKX have also faced similar regulatory actions for non-compliance with PMLA and other financial laws.
Regulation
WazirX Creditors Weigh Restructuring Plan That Could Revive Trading
WazirX creditors are set to vote on a proposed restructuring plan to address losses from a $235 million hack in July 2024. The vote will determine whether the exchange resumes trading or undergoes liquidation under Singapore’s Companies Act. If approved, the restructuring plan could see trading recommence by April 2025, with initial payouts starting within 10 business days.
WazirX Creditors To Vote On Restructuring Plan
According to a recent statement from the Indian cryptocurrency exchange WazirX, creditors will vote on a restructuring plan to recover losses from the WazirX hack. The proposed plan outlines a 52% immediate debt settlement, with the remaining 48% to be paid from future profits and asset recoveries.
The vote follows approval from the Singapore High Court, allowing WazirX creditors to decide the exchange’s future. If the plan is accepted by at least 75% of creditors, trading may resume by April 2025, and payouts will begin within 10 business days.
In addition, the development comes days after the Singapore High Court granted WazirX approval in late January to convene a Scheme meeting. This meeting will allow creditors to vote on the proposed recovery plan, facilitating a structured repayment of unstolen funds.
What Happens If Plan Fails?
If WazirX creditors reject the restructuring plan, the exchange will undergo liquidation under Singapore’s Companies Act. This could postpone repayments until 2030, significantly reducing the chances of full recovery for affected users.
Industry experts have warned that liquidation could lead to unpredictable asset distribution. The timeline for payouts would be extended, and the value of recoverable assets could decrease due to market volatility and operational challenges.
Planned Recovery Measures And Future Operations
To facilitate debt repayments and restore operations, WazirX plans to launch a decentralized exchange (DEX) and introduce recovery tokens. The proposal also includes periodic buybacks to stabilize the platform and improve financial sustainability.
Moreover, the restructuring plan will allocate Net Liquid Platform Assets to creditors as part of the recovery process. The company has been working closely with the Committee of Creditors (CoC) to ensure faster distribution and prevent prolonged delays in fund recovery.
The vote will determine whether the Indian exchange can resume trading or enter a liquidation process. The restructuring plan is an alternative to liquidation. It offers creditors a more immediate path to fund recovery. With over 4.4 million creditors involved, the voting process is a crucial moment for the Indian exchange
Meanwhile, WazirX continues its efforts to recover stolen funds, freezing $3 million in assets as part of its recovery plan. Founder Nischal Shetty emphasized that this is just the beginning, reaffirming the platform’s commitment to retrieving lost crypto. The exchange is working with law enforcement to track stolen assets and ensure a smooth recovery process.
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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