It is no secret the Securities and Exchange Commission (“SEC”) has been ramping up its regulation of cryptocurrencies in the past several years. (Packin, Forbes). However, in the absence of well-fitting regulations, the crypto community has been struggling to understand how securities laws may or may not apply to specific digital assets. Id. According to recent reports, the SEC is looking to expand its regulation even further by targeting certain non-fungible tokens…
Read MoreThe Securities and Exchange Commission’s (“SEC”) enforcement agenda for the 2022 fiscal year addresses an expansive range of financial industries and products. (Thomas Zaccaro, et al.; Bloomberg Law). Amid the rapid growth of digital assets, the SEC’s enforcement agenda includes increased focus on the scrutiny and regulation of crypto-lending, the process where an investor will deposit cryptocurrencies into a crypto-lending account and earn interest on that deposit in the form of cryptocurrencies. (Id.; Brian Breheny, et al.; Skadden; Joe Light, The Washington Post). However, it was not until a recent SEC enforcement action against BlockFi Lending LLC (“BlockFi”) that the SEC applied the Investment Company Act of 1940 (the “Act”) to a crypto-lending company, which gave the SEC the opportunity to establish its approach for regulating crypto-lending. (Robert Kim, Bloomberg Law)…
Read MoreCryptocurrencies (“Crypto”) are meant to exist in a neutral haven: Satoshi Nakamoto expressly designed Bitcoin to allow peer-to-peer interactions outside of existing regulatory and political frameworks. (Satoshi Nakamoto, Bitcoin.org). Though Bitcoin and other Cryptos remain apolitical tools, the intersection of theory with harsh reality has led to Crypto’s increasing politicization. For example, consider the statement of Vitalik Buterin, Ethereum’s co-founder: “Ethereum is neutral, but I am not.” (Lionel Laurent, Bloomberg). Buterin’s statement was made in the context of Russia’s invasion of Ukraine, and illustrates a new, fundamental truth: Crypto cannot remain neutral and apolitical in the future…
Read MoreAs blockchain technology use continues to grow, President Biden’s administration is prepared to launch a multifaceted digital assets regulatory regime. In March 2022, President Biden signed an executive order titled “Ensuring Responsible Development of Digital Assets” (“Executive Order”), which directs research efforts across numerous agencies for the implementation of regulations on cryptocurrency and blockchain-recorded exchanges. (Executive Order). Rather than proposing a specific regulation or policy, the Executive Order reflects a “whole-of-government” approach requiring the executive branch and its administrative agencies to develop a comprehensive regulatory framework. Id….
Read MoreThe year 2021 proved to be a significant year for cryptocurrency (“crypto”). (Nikita Prasad, NDTV). With El Salvador becoming the first country to use Bitcoin as their legal currency and Tesla, Inc.––one of the world’s most valuable companies––accepting Bitcoin as payment, public interest and the potential for general mainstream acceptance have grown exponentially. Id. This increase in popularity has unsurprisingly exposed crypto to the focus of the Internal Revenue Service (“IRS”) because of the present need for tax dollars and governmental spending. (Alex Gailey & Kendall Little, Time; Robert W. Wood, Forbes). . .
Read More“DeFi” is short-form for decentralized finance, a method of executing financial transactions without the middlemen—brokerages, exchanges, banks, and other intermediaries. (Devine, US News). An understanding of yield farming cannot be achieved without first understanding the term DeFi. In the purest sense of the term, DeFi “must have no centralized control but run autonomously on a blockchain through the use of smart contracts.” Id. These smart contracts are “bits of code that perform actions once certain conditions have been met,” self-executing when specific outcomes occur. Id. Generally, DeFi has come to be known as the term for “any application or business that uses blockchain technology or cryptocurrency to create alternative financial products.” Id. One practice catching the attention of the SEC is yield farming, a method of lending crypto currency to which the SEC believes federal securities regulations apply. (Kharif, Bloomberg Law). . .
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