Binance Square
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Blockchain Association Opposes IRS Broker Rules Citing Excessive Burden

According to Odaily, the Blockchain Association has voiced its opposition to the broker rules proposed by the U.S. Internal Revenue Service (IRS). The association argues that these regulations would impose an undue burden on investors, cryptocurrency companies, and the IRS itself. The association cites the Paperwork Reduction Act, stating that government regulatory bodies should not impose unnecessary paperwork requirements on individuals and entities within the financial system. The letter mentions that if these rules are passed, they would result in an additional 8 billion tax forms, wasting 4 billion hours of processing time, and annual compliance costs would reach $254 billion. This is a stark contrast to the IRS's initial estimate of total compliance costs being $136 million. Furthermore, the association believes that an annual compliance cost of $254 billion is unreasonable for a market that at most generates a $10 billion tax gap. In 2023, the association submitted a 39-page letter detailing comprehensive objections to these regulations. They believe these rules are extremely difficult to comply with for decentralized financial protocols, reflecting the government's misunderstanding of blockchain and cryptocurrency.
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Judge Indicates Likely Rejection of Kraken’s Motion to Dismiss in SEC Case

According to Cointelegraph: June 20, 2024 - San Francisco, CA – In the ongoing legal battle between Kraken and the United States Securities and Exchange Commission (SEC), Judge William Orrick suggested he is “inclined to deny” Kraken’s motion to dismiss, hinting at a significant development in the case that could classify digital assets on the exchange as securities.Key Points from the HearingDate & Venue: A hearing was held on June 20 in the U.S. District Court for the Northern District of California. Representing Kraken, attorney Matthew Solomon, and representing the SEC, attorney Peter Moores, presented their arguments before Judge Orrick.Judge’s Remarks: Judge Orrick indicated the plausibility of digital assets being offered and sold as investment contracts on the crypto exchange, making them securities under current laws.Competing ArgumentsKraken’s Position:- Legal Theory Dispute: Kraken's legal team disputed the SEC’s legal theory that considered the exchange an “ecosystem” for crypto asset securities.- Case Comparisons: Solomon referenced several cases including the SEC’s litigation against Terraform Labs, Telegram, and Ripple Labs. He argued the closest precedent to Kraken’s case was Coinbase’s.- Ecosystem Argument: Solomon criticized the SEC’s notion of an ecosystem for crypto, advocating for equal rule application across all sectors.SEC’s Argument:- Investment Contracts: The SEC's counsel focused on Kraken allegedly selling tokens as investment contracts, which would classify them as securities under the Howey Test.- Regulatory Compliance: The SEC pushed back against Kraken's theories, emphasizing regulatory standards should equally apply to crypto.Judge’s Leanings and Next StepsJudge Orrick did not issue a definitive ruling but clearly leaned towards denying the motion to dismiss. He suggested that “a year should be sufficient” for discovery if the case proceeds.Context and Background- SEC’s Enforcement Action: The SEC initiated its enforcement action against Kraken in November 2023, after Kraken had earlier settled with the SEC in February 2023, agreeing to a $30 million fine and ceasing its staking services for U.S. clients.- Related Cases: The court case comes amidst other high-profile SEC actions, including against Ripple Labs, and a resolved dispute with blockchain firm Consensys regarding Ether’s classification.Broader ImplicationsThis case is pivotal as it could set precedents for how digital assets are regulated and classified in the crypto industry. The court’s final decision could have far-reaching consequences for other exchanges and the treatment of cryptocurrencies under U.S. securities law.As Judge Orrick appears poised to advance the case, the crypto and regulatory communities await the final ruling with significant anticipation. This decision could redefine the legal landscape for digital assets, emphasizing the necessity for clear regulatory guidelines and compliance in the rapidly evolving crypto sector.
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Ripple CTO Compares SEC's Ethereum Approach to China's Bitcoin Management

According to U.Today, Ripple's Chief Technology Officer, David Schwartz, has drawn parallels between the Securities and Exchange Commission's (SEC) handling of Ethereum and China's past management of Bitcoin. This comes after Consensys, the developer behind the MetaMask wallet, suggested that the SEC is likely to conclude its investigation into Ethereum. Neil Hartner, a software engineer at Ripple Payments, expressed skepticism, implying that the investigation's closure might be more about public relations than providing regulatory clarity. Schwartz responded by comparing the SEC's actions to China's past behavior with Bitcoin. He pointed out that China used to alternately ban and unban Bitcoin, a strategy widely believed to manipulate the market for the benefit of Chinese oligarchs. By drawing this comparison, Schwartz implied that the SEC's inconsistent regulatory approach could be seen as similarly manipulative, favoring certain entities within the cryptocurrency market. Within the XRP community, this development has sparked a discussion, particularly among those who believe that Ethereum has received preferential treatment. Ripple's Chief Legal Officer, Stuart Alderoty, raised questions about whether this suggests that Ethereum transactions are not considered securities, and what it means for MetaMask and Ethereum staking. As the debate continues, the cryptocurrency community is calling for clearer and more consistent regulations. Schwartz's comments underscore the need for a transparent and predictable regulatory framework in the rapidly evolving crypto market.
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Securities Lawsuit Against Ripple CEO Brad Garlinghouse Proceeds To Trial

According to CoinDesk, Ripple CEO Brad Garlinghouse is set to face trial in California over a civil securities lawsuit. The case alleges that Garlinghouse violated state securities laws in 2017. The court has dismissed several other claims made in the lawsuit, but the jury will hear arguments on whether Garlinghouse made misleading statements in connection with the sale of securities during a 2017 televised interview. The plaintiff alleges that Garlinghouse claimed to be 'very, very long XRP' while simultaneously selling millions of XRP on various cryptocurrency exchanges throughout 2017. Ripple's lawyers argued that the claim should be dismissed as XRP does not meet the definition of a security under the Howey Test and thus cannot give rise to a claim for misleading statements in connection with a security. Judge Phyllis Hamilton of the U.S. District Court for the Northern District of California, in her ruling, stated that Ripple's lawyers urged her to follow the reasoning of U.S. District Court Judge Analisa Torres. In a parallel case in the Southern District of New York, Torres ruled that XRP did not meet all the prongs of the Howey Test when sold directly to retail participants on crypto exchanges. However, Hamilton declined to follow Torres' legal opinion that XRP sold to non-institutional traders was not a security because those traders had no expectation of profits due to the efforts of others, one of the four prongs of the Howey Test. Hamilton wrote, 'The court declines to find as a matter of law that a reasonable investor would have derived any expectation of profit from general cryptocurrency market trends, as opposed to Ripple’s efforts to facilitate XRP’s use in cross-border payments, among other things.' Ripple’s Chief Legal Officer Stu Alderoty stated that the California court dismissed all class action claims and the one individual state law claim that survived will be dealt with at trial. He added that Torres’ ruling in the SEC case 'still stands' and 'nothing here disturbs that decision.'
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Singapore Updates Anti-Money Laundering National Risk Assessment Emphasizing Significant Risks

According to BlockBeats, Singapore has updated its national risk assessment to emphasize significant risks in the anti-money laundering sector, particularly in the financial industry. Digital Payment Token (DPT) service providers pose a greater vulnerability. The 126-page report highlights new risk areas not included in the previous report published in 2014, including virtual asset service providers and gem and precious metal trading. The updated risk assessment underscores the evolving nature of financial threats and the need for constant vigilance and adaptation. The inclusion of Digital Payment Tokens (DPT) service providers and virtual asset service providers in the report indicates a growing recognition of the role these entities play in the financial landscape and the potential risks they pose. The report also brings attention to the trading of gems and precious metals, an area not previously considered a significant risk. This inclusion reflects the changing dynamics of the financial industry and the need to consider all potential avenues for money laundering. The report serves as a reminder of the importance of robust anti-money laundering measures and the need for constant updates to reflect the changing landscape of financial risks. It also highlights the need for all sectors, including emerging ones such as digital payment and virtual assets, to be vigilant and proactive in mitigating risks.
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SEC's Crypto Chief Resigns Amid Ongoing Ripple Lawsuit

According to CryptoPotato, the legal dispute between Ripple and the US Securities and Exchange Commission (SEC) continues to evolve with the resignation of the SEC’s Chief of Crypto Asset and Cyber Unit, David Hirsh. This development comes as the lawsuit enters its trial phase. Hirsh, who had been with the SEC for nearly a decade, dismissed rumors that he would join pump.fun, a Solana-based marketplace. The SEC initially proposed a $2 billion fine on Ripple, accusing it of conducting an unregistered securities offering by selling its XRP token. Ripple, however, argued that the fine should not exceed $10 million. The company cited the SEC's case against Terraform Labs, which agreed to pay a $420 civil penalty for fraudulent actions, as a precedent. Ripple also noted that there are no direct allegations of fraud in its lawsuit against the SEC. In response, the SEC revised its proposed fine to $102.6 million. The regulator argued that the penalty in the Terraform settlement, when compared to the gross profit of the violative conduct, was significantly higher at 11.7%. Applying this ratio to the $876.3 million in gross profits that the SEC is asking the court to disgorge from Ripple, results in the $102.6 million penalty. The outcome of the lawsuit could significantly impact XRP’s price. Some analysts predict a bull run if Ripple emerges victorious. However, the resolution of the legal battle is still pending, with both parties having submitted necessary data and complied with court rules over the past few months. The case is now awaiting the judge’s ruling.
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Ripple's Top Legal Officer Raises Questions After SEC's Ethereum Investigation Ends

According to U.Today, Stuart Alderoty, the chief legal officer at Ripple, has voiced his concerns following the U.S. Securities and Exchange Commission's (SEC) unexpected decision to halt its investigation into Ethereum. Alderoty referred to the SEC's decision as a significant victory for Ethereum studio Consensys, but expressed uncertainty about whether this implies that the company's offers and sales of the Ether token are not securities. He also noted that the legal status of Ether itself largely remains ambiguous. SEC Chair Gary Gensler has consistently declined to provide clarity on whether the Ether token can be considered an unregistered security. Alderoty is now curious about Gensler's response to such a question, given that the agency has abruptly concluded its investigation into Consensys. In April, Consensys, the Ethereum backer, filed a lawsuit against the SEC following a Wells notice of impending enforcement action. The company accused the SEC of causing harm to market participants and developers by attempting to classify Ether as a security. Consensys also defended its popular MetaMask wallet, refuting the SEC's allegations that it had breached securities laws by acting as an unregistered broker-dealer. In a surprising turn of events, the SEC decided not to recommend an enforcement action, which led to an increase in the price of the Ether token earlier this week. However, Alderoty stated that the status of MetaMask and staking remains unclear. Consensys CEO Joseph Lubin celebrated the decision as a victory for Ethereum and the wider cryptocurrency community. He said, 'It's a testament to the strength of decentralized technology and the unyielding spirit of innovation that drives our builders.' However, he emphasized that the struggle for a supportive regulatory environment is far from over.
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Ethereum Triumphs As SEC Closes Investigation, No Securities Charges

According to U.Today, Ethereum has emerged victorious in a new regulatory development in the crypto market. The Securities and Exchange Commission (SEC) has closed its investigation into the cryptocurrency, deciding not to pursue charges alleging Ethereum sales as securities transactions. This decision aligns with recent ETF approvals that view the main altcoin as a commodity. The closure of the investigation was confirmed by Consensys, the company that developed MetaMask, marking a significant victory for developers and contributors. Ethereum 2.0, an upgrade designed to enhance scalability and sustainability through proof-of-stake mechanisms, was at the heart of this regulatory scrutiny. Charles Hoskinson, co-founder of Ethereum and creator of Cardano, supported Consensys' announcement. Hoskinson, whose own project, Cardano, has previously faced SEC inquiries regarding its ADA token, reposted the news and gave his silent co-signature. The timing of Consensys' news, amid reduced trading volumes due to closed U.S. markets, suggests an attempt to boost market sentiment. Despite speculation about the inevitability of the SEC's decision following the ETF approvals, Consensys' affirmation provided a noticeable boost to the altcoin markets in recent hours. However, market observers are waiting for the reopening of U.S. exchanges on Thursday to gauge the full impact on broader market dynamics. While the SEC's move is seen as positive for Ethereum, uncertainties remain around the pending MetaMask staking process, indicating continued regulatory challenges. In conclusion, Ethereum's clearing of regulatory hurdles, supported by industry figures such as Hoskinson, could be crucial in shaping future developments in blockchain technology and investor confidence.
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