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Gensler: SEC has been “clear” on cryptocurrencies

Gary Gensler is not backing down from the crypto industry. 

“Of the nearly 10,000 tokens in the crypto market, I believe the vast majority are securities,” Gensler said, reiterating the SEC’s stance that most digital currencies are unregistered securities. Gensler spoke virtually at a legal conference in Washington on Thursday.

The SEC chair took direct aim at the crypto industry’s frequent complaint about the SEC under his purview: that they lack clear guidance.

“Without prejudging any one token, most crypto tokens are investment contracts under the Howey test,” Gensler said, referring to the longstanding legal test for whether an asset fits the definition of a security under U.S. law. “Some in the crypto industry have called for clearer guidance,” Gensler said. “Through the past 5 years, the SEC has spoken with a pretty clear voice.”

Gensler did allow that, “Some tokens may not meet the definition of securities, what I’ll call non-security tokens,” that are, “small in number, but maybe significant in value.” So far U.S. regulators have only determined Bitcoin and Ether to be clear non-securities among cryptocurrencies. 

The SEC chair also cautioned that stablecoins could fall under the category of unregistered securities. 

“Stablecoins have features similar to, and potentially competing with, money market funds, other securities, and bank deposits, and raise important policy issues,” Gensler said. “Depending on their attributes, such as whether these instruments pay interest, directly or indirectly, through affiliates or otherwise; what mechanisms are used to maintain value; or how the tokens are offered, sold, and used within the crypto ecosystem, they may be shares of a money market fund or another kind of security.”

He added: “If so, they would need to register and provide important investor protections.”

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Kollen Post

Polygon will continue hiring despite market downturn: Bloomberg

Ethereum scaling solution Polygon plans to continue hiring despite the bear market and choppy macro conditions, it said this week. 

This will include plans to increase its overall headcount by over 40%, according to an interview published by Bloomberg.

Bhumika Srivastava, the firm’s head of human resources, said the company hopes to capitalize on the misfortune of other companies in the space. 

Srivastava added that the firm will use the bear market as an opportunity to hire, although the hiring landscape is difficult to navigate at present she admitted.

“It is difficult to hire the quality talent you want, especially as web3 skills is something that’s still getting built,” she said. 

Polygon is well placed to hire at present having raised $450 million in a private token sale in February, led by Sequoia Capital India. The sale included more than 40 other investors, with SoftBank Vision Fund 2, Tiger Global, Alan Howard, Kevin O’Leary, Galaxy Digital, Sino Global Capital, Alameda Research, Digital Currency Group, Accel, Union Square Ventures and Dragonfly Capital all involved. 

Polygon said at the time that it planned to allocate $100 million to its ecosystem fund and about $10 million each per year to its various scaling products, including Hermez, Miden, Zero and Nightfall. 

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Adam Morgan McCarthy

Crypto exchange Enclave launches confidential trading platform for institutions

San Francisco-based Enclave Markets announced the launch of a fully confidential trading platform for institutional investors on Thursday.

The crypto exchange’s new service, Enclave Cross, will allow users to trade blocks of digital assets at the market price without any information leakage. The product was developed to be an over-the-counter (OTC) digital asset dark pool, where traders execute trades in private using smart contracts.

The firm’s CEO David Wells told The Block the product is in line with one of the supposed founding principles of crypto: the concept of levelling the playing field. 

“No one, not even a system administrator, knows the amount of open interest before trades are executed. At Enclave Markets, we give our users the ability to maximize these advantages — all within a fully compliant network,” he said in a release. 

Wells went on to say that all assets and trades are held and executed off-chain, meaning others in the marketplace will only see when the funds are withdrawn from the platform. This reduces the impact of a time mismatch of buyers and sellers, according to the CEO.

Verified traders move their assets off-chain onto the firm’s platform, allowing Enclave Cross to match traders directly with any interested counterparties and without sharing wallet addresses.

Enclave Markets focuses on institutional-grade trading by combining centralized and decentralized elements. As such its new product offering has begun  testing with institutional trading firms such as, Hidden Road Partners, LedgerPrime and Republic Crypto, among others. 

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Adam Morgan McCarthy

Coinbase backs lawsuit aimed at Treasury’s Tornado Cash sanctions

Several employees of leading crypto exchange Coinbase are filing suit to roll back last month’s Tornado Cash sanctions. Coinbase itself is financially backing the suit. 

The lawsuit centers on a novel argument: Whether the U.S. government can target recurring code for national security purposes. The employees filed their suit in the U.S. District Court for the Western District of Texas. 

“People, or entities, or properties are fair game. Code is not,” Paul Grewal, Coinbase‘s chief legal officer, told The Block. 

The case comes exactly one month after the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) added Tornado Cash to its specially designated nationals list, saying the decentralized crypto mixer “has been used to launder more than $7 billion worth of virtual currency.”

The most prominent illicit user alleged by the sanctions office was North Korea’s infamous (and already sanctioned) Lazarus Group. 

The suit features six plaintiffs, two of whom are Coinbase employees. The exchange sought individuals who used Tornado Cash and would claim injury shortly after the sanctions went into effect. Some of plaintiffs say they used the privacy-oriented digital currency to donate to Ukraine. 

Coin Center, a non-profit advocacy group, has also said that it’s preparing its own court challenge. But Coinbase was the first to take the unusual step of an American company challenging Treasury sanctions. 

“We are not pursuing this claim lightly,” said Grewal. “We have a very healthy respect and good relationship with [OFAC].

“In this particular instance, we had a difference of opinion,” Grewal added. 

Core to the plaintiffs’ argument is the status of the sanctioned smart contract addresses. Although OFAC has been designating wallet addresses as sanctioned for years now, the Tornado Cash sanctions include smart contracts, code that in theory runs in perpetuity — or until the last Ethereum validator goes offline. A smart contract cannot represent itself in court, which complicates the question of standing typical in a lawsuit. Proponents compare them to public utilities rather than financial institutions. 

“We think there are ways to draw a distinction here between individuals who are acting in accordance with the law and people who are violating the law and should be prosecuted,” Grewal added. 

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Kollen Post

The Merge: A look at the miner-led Ethereum fork that might happen

Next week, Ethereum will go through The Merge, an upgrade that changes its proof-of-work consensus mechanism to proof of stake, in order to help the network be more energy efficient.

The upgrade from proof of work to proof of stake is the result of years of development effort and has backing from the Ethereum community. But even though there is broader enthusiasm for sunsetting the proof of work consensus, not everyone is happy with The Merge. 

A group of Ethereum miners are planning to create a forked chain where miners can continue their operations. Miners will operate this chain separately from the proof-of-stake one. While an official announcement of the fork hasn’t happened yet, here are the key details of what might take place.

The plans for the fork

The discussion for this miner-led fork started in July with Chandler Guo, an influential Chinese miner, who proposed a hard fork the main Ethereum chain. “I fork Ethereum once, I will fork it again,” Guo wrote on Twitter. The fork, he claimed, would allow miners to continue operations even after Ethereum’s transition rather than be forced to move to other chains.

Reportedly, Guo and his supporters — who are largely remaining anonymous — have been working to carry out this fork of the Ethereum network. According to a blog post by the ETHPoW team, this planned fork may happen within September, around the same time as The Merge. 

Recently, the ETHPoW team stated how it has started to prepare for the fork. It has tweaked the Ethereum client software Geth to remove the “difficulty bomb.” This mechanism was designed by Ethereum core developers to make it much harder to mine blocks, preventing miners from interrupting The Merge.

In addition, the team has launched a testnet called Iceberg for testing the fork code. It has created a chain ID and remote call procedure (RPC) servers for app frontends to function and connect to the blockchain. Finally, the team claims to have added replay protection, reducing the risk of transactions applying equally on both chains — something that would have been a big security risk.

What happens to everyone’s tokens?

With the coming fork, anyone who owns tokens on the Ethereum blockchain will have a version of ether tokens on both blockchains. That doesn’t mean the tokens will have equal value — they may well be worthless on one of the chains. This will include NFTs.

The forked chain will contain all smart contracts copied from the mainnet at the time of the fork, which, in practice, may allow its developers to recreate Ethereum-based applications. But the fork won’t bring along any of the developers that built these applications, nor will they be there to maintain them. This has raised concerns that any forks of Ethereum have low chances of success.

“If Ethereum forks (such as a proof of work chain splitting off), the “state” of Ethereum won’t transfer with it. Every stablecoin and DeFi application on the fork is likely to fail immediately,” Compound co-founder Robert Leshner said on Twitter.

Plus, many crypto projects won’t be backing the miner-led fork.

Stablecoin issuers — Tether, Circle, and Frax — have said they will not support ETHPoW. These firms stated that their stablecoins will neither be issued or redeemed on these chains.

Yet another announcement came from OpenSea in which the NFT marketplace said did not plan to accommodate the ETHPoW fork. It confirmed that NFTs on the chain will not be serviced on its platform. 

A similar comment was made by Yuga Labs, the creator of Bored Apes Yacht Club NFT collection. The NFT creator clarified that it would not recognize copied versions of its NFTs on the ETHPoW fork. 

“In line with the broader Ethereum community, in the event of a viable PoW fork, Yuga intends to only recognize NFTs on the PoS ETH chain as subject to the relevant NFT license and eligible for Yuga-offered utility,” Yuga Labs commented.

What are traders saying?

As forked proof-of-work ETH comes into existence, its native asset will have to be freshly listed on crypto exchanges. Last month,  Poloniex and MEXC became the first spot exchanges to list ETHPoW in advance in the form of IOU tokens.

Currently, the IOU is trading around $35, a value that may radically differ from the actual spot price of the asset when it launches. Over-the-counter trading firm Paradigm has estimated the ETHPoW fork will trade at $18 or 1.2% of ETH’s market price after its launch. At this price, ETHPoW would amount to a market capitalization of $2.1 billion.

Other traders have started borrowing ETH in the hope that they can repay it after the fork and sell any value of the forked ETH tokens — if there is any.

This has resulted, however, in lending protocols like Aave holding discussions to pause borrowing of ETH until after the fork — in order to dissuade this strategy. Per a community discussion, excessive borrowing could lead to an excessive utilization of ETH deposits, something that could impact the health of the protocol.

 
 

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Vishal Chawla

Coinberry filed lawsuit to reclaim bitcoin lost during 2020 software glitch: Financial Post

Canadian cryptocurrency marketplace Coinberry claims it lost $3 million in bitcoin due to a software glitch and is seeking to reclaim the money back from customers, according to a report in the Financial Post on Thursday.

The Financial Post says the WonderFi-owned company filed a lawsuit in June that targets 50 customers, along with crypto exchange Binance due to the fact some people transferred the funds to that platform. It wasn’t clear from the report if the claim is valued in US dollars or Canadian dollars. 

The complaint stems from 2020 when Chinaberry underwent a software upgrade that allowed users to purchase bitcoin with Canadian dollars that were not yet in their accounts.

Users were able to initiate electronic transfers, credit their Coinberry accounts, buy bitcoin and transfer the funds out before canceling the original transfer and thereby obtaining free bitcoin.

Coinberry is not the only platform to lose money due to software glitches and errors. Coinbase was also faced with a similar issue earlier this month in Georgia, where traders were able to take advantage of a misplaced decimal point in trading pairs using the Georgian currency.

Coinberry didn’t immediately respond to a request for comment from The Block. The Post said Coinberry declined to comment through WonderFi.

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Callan Quinn

Animoca Brands confirms $110 million funding deal with Temasek, Boyu and CGV

Game software and venture capital company Animoca Brands confirmed on Thursday that it has clinched a $110 million funding round, backed by Temasek, Boyu Capital and GGV Capital.

The raise comes in the form of a convertible note issuance, which may or may not be converted into equity at a later date. This fundraising method is sometimes used in the event that a company does not want to dilute its own shares, or was unable to raise equity capital.

Animoca said the notes have a maturity date of three years from the date of issuance and may be converted at any time prior to that date at the election of the note holder. 

“Animoca Brands has grown significantly as a company in the last year, and our new investors will contribute strategic advice and perspective as we build the world’s leading company furthering digital property rights in the web3 industry,” Yat Siu, Animoca’s co-founder and executive chairman, said in a statement. 

Animoca said it will use the new capital to continue to fund strategic acquisitions, investments, and product development, secure licenses for popular intellectual properties and advance the “open metaverse,” including through its efforts to promote digital property rights for online users.

Earlier reports, first published by Bloomberg, had put the deal’s value at $100 million.

The round adds to an earlier fundraise announced in January, in which Animoca raised $359 million. It also topped that up with a fundraise of $75 million in July — a move which brought its valuation to almost $6 billion. 

Investors in the firm’s July round included Liberty City Ventures, Kingsway Capital, Alpha Wave Ventures, 10T, SG Spring Limited Partnership Fund, Generation Highway Ltd and Cosmic Summit Investments Limited. Liberty City Ventures had led the round in January.

Animoca Brands has proved itself a heavyweight of the crypto gaming and NFT sector, having already invested in more than 150 NFT and metaverse-related companies, including OpenSea, Dapper Labs, Yield Guild Games and Axie Infinity.

The latest $100 million in backing brings Animoca Brands’ total funding to date to over $600 million. Its subsidiary, The Sandbox, has also separately raised $93 million recently.

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Lucy Harley-McKeown

Hubble Protocol raises $5 million in a strategic round led by Multicoin Capital

Solana-based stablecoin borrowing platform Hubble Protocol raised $5 million in a strategic round led by Multicoin Capital, the company announced on Thursday.

Previous investors DeFiance Capital, Delphi Digital, Digital Currency Group, Crypto.com Capital, ParaFi, Jump Capital, Decentral Park Capital, CMS, Spartan Group, DeFi Alliance and Mechanism Capital also participated in the round. The company declined to share a valuation.

This latest round brings the protocol’s total financing to date to $15 million. It raised its first round when it launched in January this year.

The British Virgin Islands-based company said it will use the funds to advance its roadmap. This includes improvements to the current platform and advancing the use of its stablecoin, USDH, through the launch of new DeFi services and products.

Among its offerings is Kamino Finance, a concentrated liquidity optimizer. It will allow liquidity providers to use LP tokens as collateral to borrow USDH, which can then be used to transact or earn further yield across the Solana DeFi ecosystem. USDH is currently supported by Orca, Raydium, Saber, and Mercurial.

Spencer Applebaum, principal at Multicoin Capital, said in a statement that the protocol was taking concepts pioneered by Ethereum’s MakerDAO and expanding them on Solana.

“There are only a few ways to safely build a decentralized stablecoin, and Hubble’s over-collateralization approach has been tested through all market conditions,” he said.

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Callan Quinn

Mysten Labs, creator of the Sui blockchain, closes $300 million raise led by FTX Ventures

Mysten Labs has closed a $300 million fundraise at a valuation that tops $2 billion, according to an announcement on Thursday.

Mysten is the creator of Sui, a yet-to-launch proof-of-stake Layer 1 blockchain that is built to mount a challenge to the likes of Ethereum and Solana.

The startup’s co-founder and CEO Evan Cheng, who was head of research and development at Meta’s crypto wallet Novi Financial until September last year, told The Block in an interview that Mysten aims “to bring about consumer adoption — mass adoption.”

“We focus a lot on designing an architecture that is completely different that allows us to horizontally scale the capacity of the blockchain,” he said.

Mysten’s $300 million Series B round was led by FTX Ventures, the venture arm of Sam Bankman-Fried’s crypto exchange. Other investors in the round include Andreessen Horowitz’s a16z Crypto unit — which invested $36 million in Mysten in December last year — as well as Jump Crypto, Apollo, Binance Labs, Franklin Templeton, Coinbase Ventures, Circle Ventures, Lightspeed Venture Partners, Sino Global, Dentsu Ventures, Greenoaks Capital, O’Leary Ventures, and others. The Information first reported that the fundraise was in the works in July.

All five of Mysten’s founders worked on Meta’s crypto initiatives. Chief Technology Officer Sam Blackshear was a principal engineer at Novi, and is credited with creating Move, the coding language used by both Sui and Meta’s ill-fated blockchain Diem (formerly known as Libra). Mysten’s chief product officer is former Novi product lead Adeniyi Abiodun; chief cryptographer Kostas Kryptos held the same role at Meta; and chief scientist George Danezis also worked on Novi and Diem.

Today’s announcement comes just a few months after Aptos — another blockchain devised by former Meta executives that uses Move — topped up its coffers with a $150 million round, bringing its total capital raised this year to $350 million.

The pair are seen as the next wave of Layer 1 blockchains and challengers to predecessors such as Ethereum, Solana and Avalanche. Their challenge will be to lure crypto projects and developers over to their platforms, and away from incumbents.

All aboard

Cheng hopes that a fresh take on processing crypto transactions will be the key to Sui’s success.

“All the blockchains today basically process transactions as groups,” he said, a method defined as head-of-line blocking. “We’re the only one that takes a completely different approach.”

Cheng likened the way blockchains process transactions to boarding a train. In the current model, he said, “you wait for everyone to get on before you get moved.” On Sui, there are a greater number of cars available to transport groups bound for the same destination. The technical term for this is “inter-validator sharding.” In blockchain systems, the validators are the parties that verify transactions. In proof-of-stake models, they lock up tokens on the network in exchange for the chance to validate new transactions and earn rewards.

Mysten hopes that this and other innovations will give Sui the ability scale throughput and storage in line with demand from developers and apps, while keeping transactions costs low, per the release.

But the startup is not only competing with established Layer 1 blockchains. It also has a growing number of scaling outfits — technologies that sit on top of blockchains to make them more efficient — to contend with. Earlier this week, Fuel Labs raised $80 million to develop its “modular execution layer,” which it hopes will deliver slicker execution for crypto transactions. Meanwhile, there is currently close to $5 billion interacting with Ethereum using Layer 2 tools, such as optimistic and ZK rollups, according to The Block Research data. But Cheng is unfazed.

“If you look at the Layer 2s, they usually are just fixing one aspect of the problems,” he said. “We don’t believe solving one particular problem is sufficient to move the field forward. So we want to look at everything with a fresh set of eyes.”

Cheng applies the same mindset to how Sui will differ from Diem, which was ultimately sold on the cheap to Silvergate Capital, the holding company for Silvergate Bank, for $182 million after it was repeatedly stymied by regulators.

“Diem was purposely built for payments,” said Cheng. “We want to take that a step further… How can we make asset transfer or programming of assets as easy as manipulating data or transferring data, basically? So that requires us to take a big step forward beyond the Diem vision.”

A multi-chain future?

Investors in the Series B raise will receive equity in Mysten as well as token warrants — meaning they will be able to claim a portion of Sui’s native tokens, which will begin trading when the blockchain launches publicly. Mysten unveiled Sui’s public software development kit and began showing off the software to developers in March.

The startup plans to use the $300 million to continue building its technology, as well as to entice users to its platform and for hiring, in particular in the Asia-Pacific region, according to the announcement.

Given the shared backgrounds of their executives and the use of Move, not to mention their similar fundraising trajectories, Mysten and Aptos are often positioned as rivals. Yet the two share strikingly similar backers. FTX Ventures, which led Mysten’s $300 million round, also co-led Aptos’ $150 million raise in July alongside Jump Crypto, which itself invested in Mysten’s Series B round. Other investors that have backed both startups include a16z, Circle Ventures, Apollo and Franklin Templeton.   

Backing apparent rivals is not, however, uncommon in the blockchain space. FTX Ventures lead Amy Wu told The Block in a previous interview that this is because “many investors believe in a multi-chain future, potentially where some blockchains have distinct category expertise and advantages based on their architecture.”

As to the sheer volume of capital pouring into Aptos and Mysten to support two largely-untested blockchains, Tushar Jain, managing partner of Multicoin Capital, which has backed Aptos and Solana but not Mysten, said: “This is an enormous, enormous market and investors realize it, and they want to bet on this market — the smart contract platform market. This is not exceptional or unprecedented.”

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Ryan Weeks

Crypto regtech firm VerifyVASP raises funds at $100 million valuation

VerifyVASP, a Singapore-based regulatory technology (regtech) firm that provides compliance tools, announced Thursday it has raised $5 million in Series A funding at a $100 million valuation.

FTX Ventures led the funding, VerifyVASP said, adding that Peak Capital and Bcharu participated.

Founded in 2019, VerifyVASP helps virtual asset service providers (VASPs) to comply with anti-money laundering Travel Rule requirements. Last year, the Financial Action Task Force (FATF) recommended that participating nations implement a Travel Rule for VASPs — essentially entities that facilitate transactions — in its finalized guidance. The Travel Rule seeks to curb money laundering and terrorist financing by requiring VASPs to gather and transmit names, account numbers and location information for both the sender and the recipient in a transaction. 

VerifyVASP says it provides a members-only closed network that facilitates secured data transfers between members for Travel Rule compliance. Its members include Bybit, Deribit, Crypto.com, FTX, FTX.US and Huobi, according to its website. VerifyVASP claims to have processed more than 1.5 million Travel Rule compliant digital asset transfers amounting to $40 billion in value. 

With fresh capital in hand, VerifyVASP says it plans to onboard more members, including small- and medium-sized digital asset businesses. To that end, it’s looking to introduce a Travel Rule dashboard and a consultation service. 

© 2022 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Yogita Khatri


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