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Pro-XRP Lawyer Deems SEC’s ‘Crypto Asset Securities’ Warning A Scam

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Pro-XRP lawyer Fred Rispoli has publicly criticized the U.S. Securities and Exchange Commission’s (SEC) latest investor alert, calling it misleading and suggesting it’s part of a larger scam. This comes amid backlash after the recent switch on the “crypto assets securities” stance.

SEC Attracts Backlash On ‘Crypto Asset Securities’ Saga

In a post on X, Rispoli deemed the investor alert to be a “scam” as the agency used the term “crypto assets securities.” He stated, “This post in and of itself is a scam as the SEC the same day swore to a federal judge that there is no such thing as ‘crypto asset securities.’” He also also mentioned that he had requested X Community Notes to be added to the SEC’s post.

The criticism comes as the SEC faces backlash over its sudden shift in stance on the classification of crypto assets. In a surprising move, the SEC recently filed a motion to amend its original complaint against Binance, Binance.US, and Changpeng Zhao.

In the amendment, the SEC now acknowledges that several major crypto tokens are not considered securities under its revised framework. These include Solana (SOL), Cardano (ADA), Polygon (MATIC), and other seven tokens.

The shift in stance follows a U.S. district court ruling in a related case against the crypto exchange Kraken, where the SEC’s previous broad definitions of crypto assets as securities were challenged. Hence, in its amended complaint, the SEC clarified that it uses the term “crypto asset securities” not to refer to the tokens themselves, but to the investment contracts and agreements tied to their sales.

The SEC stated in its filing: “As the SEC has consistently maintained since the very first crypto asset Howey case, the term is a shorthand reference… the security is not simply the [crypto asset], which is little more than an alphanumeric cryptographic sequence.”

eToro Settlement In Spotlight

Moreover, this change in stance has been met with strong reactions from the crypto community. Jake Chervinsky, Chief Legal Officer of Variant, expressed his frustration on X, saying:

“I genuinely can’t get over how insane this is. The SEC used the term ‘crypto asset securities’ eight times in the eToro settlement order they issued on THE SAME DAY they told a federal eToro settlement order that they wouldn’t use it to avoid confusion.”

Chervinsky’s comment reflects the growing confusion surrounding the SEC’s inconsistent language and its shifting position on crypto enforcement. Despite the SEC’s apparent shift in its legal stance, the regulatory body continues to warn investors about potential scams involving crypto assets.

In a recent investor alert, the SEC’s Office of Investor Education and Advocacy issued a warning about fraudsters exploiting the popularity of cryptocurrencies, coins, and tokens. The alert emphasizes that fraudsters often use new technologies to perpetrate investment scams and exploit the complexity of crypto assets to lure retail investors.

This alert also attracted criticism from FOX Business journalist Eleanor Terrett. She weighed in on the issue, noting, “Is now a good time to point out that the SEC is still using the term ‘crypto asset securities’ in its investor alert blasts?” Her comment underscores the ongoing use of the term despite the SEC’s legal assertion that it no longer applies to certain tokens.

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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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Federal Reserve Meeting Major Highlights and Key Points

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The Federal Reserve lowered the target range for the federal funds rate by 50 basis points on Wednesday. This action brings the rate to a new range of 4.75% to 5.00%, which is the first decline in four years. The decision is in line with the Fed’s policy of ensuring that inflation is kept in check without jeopardising the stability of the economy.

Federal Reserve’s Justification for Rate Cut

The Federal Reserve announced the rate cut citing recent economic figures that pointed to growth at a steady pace, but with some moderation. Although job creation has slowed down and the unemployment rate has risen marginally, inflation is slowly moving towards the Fed’s target of 2%.

The central bank considers the outlook for the economy as still cloudy however, it views the risks to achievement of the dual mandate as evenly split.

Chair Jerome Powell noted that this decision is a small step to fine-tune policy to help maintain economic conditions. He told the market that the Fed is still determined to meet its employment and inflation targets. In addition, the Fed is likely to go on reviewing the data flow and may change the course of its policy should new economic circumstances occur.

Powell’s Perspective on the Economic Landscape

Jerome Powell noted that the US economy is healthy, and the economic growth is expected to remain strong. Inflation is gradually coming down while the labor market remains robust even as job creation slows down. 

The Fed Chair emphasized that the Fed’s goal is to return inflation to its target level without causing a sharp increase in unemployment, which is typical for disinflation.

The head of the central bank also added that the low interest rate environment that has been observed in the previous years is not expected to continue in the future. Powell admitted that the neutral rate – the interest rate that does not stimulate or hinder economic growth– could be much higher now but it is still unclear just how high it is. This shift is a break from previous monetary policies that have involved extended periods of near-zero interest rates.

Reactions to the Federal Reserve’s Decision

However, the rate cut was not supported by all members of the Federal Open Market Committee (FOMC) as the Fed Governor Michelle Bowman voted for a 25 basis point cut. Nevertheless, the Fed Chair stressed that there was consensus within the committee regarding the need for policy change. He stressed that the decision would be taken from one meeting to another, considering the current and forecasted trends.

Some of the investors have been supportive but many of them have raised their concerns that the 50 basis points cut was too much. Financial markets expressed their reaction with keen interest with the S&P 500 and the Dow Jones setting new highs after the announcement. However, concerns over the size and the time of the cut diminished the rally, as some think that the economy is still quite healthy and did not necessitate such a deep cut.

Moving forward, the Federal Reserve’s Summary of Economic Projections (SEP) indicates that interest rates may fall even more in 2025 and 2026. According to the SEP, rates could be at 4.25% to 4.5% by the end of this year with more possible cuts to follow. According to its current forecasts, the central bank expects interest rates to reach 2.9% by 2026, which may suggest a further softening of monetary policy.

While the Fed decided to decrease rates, Jerome Powell noted that this does not mean that the same trend will persist in the future. He emphasized that each decision will be made based on current and future economic conditions and information. Thus, the market participants should not anticipate the central bank to deliver similar decisions at the subsequent meetings.

Labor Market and Inflation Considerations

The Federal Reserve has also paid keen interest to the labor market leading to this rate cut. As the Fed Chair pointed out, although job creation has decelerated in the past few months, the labor market is still very close to full capacity. However, the Fed is keeping a close eye on these trends, as a sharp decline in job growth could be indicative of an economic decline.

Concurrently, inflation remains the primary concern for the Federal Open Market Committee (FOMC). The Fed Chair stated that, according to the PCE price index, inflation is projected to decline to 2.2% in August from 2.5% in July. This action takes inflation rate nearer to the Fed’s 2% target, thus strengthening the Fed’s stance on the policy adjustment.

Despite the positive signs, some experts worry that the Fed might be acting too quickly. They argue that the U.S. economy remains robust, with unemployment still relatively low, and that further easing could spark unnecessary risks, such as asset bubbles or overheating in certain sectors. Nevertheless, Jerome Powell maintained that the Fed’s approach has been patient and that its decision to cut rates reflects confidence in inflation’s steady decline.

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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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US Lawmakers Slam SEC Chair Gary Gensler Over Airdrop Securities Classification

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Two prominent U.S. lawmakers, House Majority Whip Tom Emmer and House Financial Services Committee Chairman Patrick McHenry, have raised concerns over the Securities and Exchange Commission’s (SEC) approach to classifying airdrops as securities. In a letter dated September 2024, they addressed SEC Chair Gary Gensler, questioning the agency’s stance on airdrops.

Contents of Letter To Gary Gensler

The letter highlights the importance of airdrops in the blockchain ecosystem. It describes them as “distributions of a digital asset to early users of a blockchain protocol.” Moreover, the lawmakers stated that crypto airdrops “play a crucial role in the development of a decentralized blockchain ecosystem.”

According to the lawmakers, airdrops incentivize participation in blockchain-based applications, contributing to the network’s decentralization and governance. The letter criticized the SEC under Gary Gensler’s leadership for stifling the growth of blockchain by creating a “hostile regulatory environment.”

The lawmakers argued that the SEC’s actions are making “the goal of decentralization impossible to obtain” and preventing the technology from reaching its full potential. They further allege that by issuing enforcement actions and warnings, the SEC is “putting its thumb on the scale” and precluding U.S. citizens from participating in the development of the internet’s next generation.

In addition, Emmer and McHenry posed a series of pointed questions to Gary Gensler. They sought clarification on the SEC’s interpretation of securities law in relation to airdrops. A key question is whether the SEC believes that giving away digital assets for free could trigger the Howey Test.

For further context, the Howey Test is the legal standard for determining if a transaction qualifies as an investment contract under U.S. law. This question also arises since the assets themselves are not classified as securities.

The lawmakers wrote, “Does the SEC believe that giving away non-security digital assets for free implicates the Howey Test? If so, under what circumstances or arrangements?” The letter also compares crypto asset airdrops to other forms of consumer rewards.

Questions To SEC Chair

The rewards include airline miles or credit card points, which do not fall under the Howey Test. “How does the SEC distinguish between these rewards, given away for free, and digital assets airdropped to an individual?” the lawmakers asked.

Additionally, the letter to Gary Gensler also raises concerns about the potential impact of classifying digital tokens as securities on the broader blockchain ecosystem. Emmer and McHenry pointed out that as networks become more decentralized, token values are driven by “demand for their consumptive use, akin to a commodity.”

They warned that the SEC’s approach could hinder the ability of on-chain applications to function. Hence they asked, “How might classifying these tokens as securities and subjecting each transaction to the scrutiny of the SEC impact the ability for on-chain applications to exist or function?”

The lawmakers also requested data on whether the SEC has quantified the economic impact of classifying digital assets as securities. This comes particularly in terms of potential loss of economic growth and tax revenue. Furthermore, they noted that developers are already blocking American users from participating in airdrops due to the SEC’s regulation.

Emmer and McHenry requested a response from Gensler by September 30, 2024. Meanwhile, the agency gears up for a September 18 congressional hearing on political bias in crypto regulation.

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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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US SEC Fines Flyfish Club $750K for NFT Sales Violations

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The U.S. Securities and Exchange Commission (SEC) has issued an order against Flyfish Club, LLC, for the unregistered sale of non-fungible tokens (NFTs). The decision has drawn criticism from within the agency itself, highlighting a growing divide over how NFTs and other digital assets should be regulated under U.S. securities laws.

SEC Takes Action Against Flyfish Club Over NFT Sales

The SEC has charged Flyfish Club, a New York-based company, for raising approximately $14.8 million through the sale of around 1,600 NFTs between August 2021 and May 2022. These NFTs were marketed as memberships that would grant holders exclusive access to a planned high-end dining club. 

The regulatory agency’s enforcement action asserts that Flyfish’s NFTs qualify as securities under federal law due to their potential for resale at higher values and the possibility of earning passive income through leasing.

Based on these findings, the regulatory agency’s determined that Flyfish violated Sections 5(a) and 5(c) of the Securities Act of 1933 by failing to register these NFTs as securities. The order mandates that Flyfish cease and desist from future violations, pay $750,000 in civil penalties, and destroy all NFTs in its possession within ten days.

Dissenting Commissioners Criticize the Decision

However, not all within the US SEC agree with the crackdown. Commissioners Hester Peirce and Mark T. Uyeda issued a joint statement dissenting from the agency’s action, arguing that the NFTs in question were utility tokens rather than securities. According to Peirce and Uyeda, the Flyfish NFTs were designed to provide access to exclusive dining experiences, not as speculative investment vehicles. They contended that the regulatory agency’s reliance on the Howey Test—an assessment used to determine what qualifies as a security—was overly broad in this case.

Hester Peirce and Mark T. Uyeda further argued that the non-fungible tokens offered tangible benefits and that the potential for resale profit should not automatically bring them under the purview of securities law. They raised concerns that the Securities and Exchange Commission intervention might negatively impact NFT holders by complicating the transfer and sale of their memberships.

The commissioners also suggested that the regulatory agency should provide clearer guidelines to allow creators and businesses to innovate with non-fungible tokens without fear of regulatory action. They emphasized that NFTs are a new tool for creators, such as chefs and artists, to monetize their talents and create unique experiences, which should not be stifled by overly rigid regulatory interpretations.

Increasing Scrutiny on NFT and Crypto Platforms

The US SEC’s action against Flyfish Club is part of a broader crackdown on non-fungible tokens and other digital asset platforms. Recently, OpenSea, an NFT marketplace, received a Wells Notice from the regulatory agency, indicating potential legal action over allegations that the digital collectibles traded on its platform could be considered securities.

This follows similar regulatory scrutiny faced by other crypto platforms, such as Coinbase, Kraken, and Uniswap.

Subsequently, these actions have sparked criticism from various stakeholders, including lawmakers and industry experts, who argue that the regulatory agency’s approach under Chair Gary Gensler is overly aggressive. An upcoming congressional hearing titled “Dazed and Confused: Breaking Down the SEC’s Politicized Approach to Digital Assets” will feature testimony from former regulatory agency’s officials and industry leaders, providing further insights into the regulatory agency’s regulatory direction and its potential impact on the future of digital assets.

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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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