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BitMEX settles with CFTC, FinCEN for $100 million, but criminal cases against former execs continue

On August 10, the Commodity Futures Trading Commission and Financial Crimes Enforcement Network settled their civil lawsuits against crypto exchange BitMEX and its holding company. The firm will pay regulators $100 million and will be barred from dealing in derivatives trading in the U.S. in perpetuity. 

The consent order said of the crypto exchange’s offenses:

“Among other things, BitMEX failed to implement a customer identification program (“CIP”), including know-your-customer (“KYC”) procedures, that would enable it to identify U.S. persons using the BitMEX platform—or determine the true identity of the vast majority of its customers, whether from the U.S. or elsewhere.”

The settling defendants, as named in the consent order, are HDR Global Trading Limited, 100x Holdings Limited, ABS Global Trading Limited, Shine Effort Inc Limited, and HDR Global Servies (Bermuda) Limited, “all doing business as ‘BitMEX’.”

In his blog on the announcement, current CEO Alex Höptner said that “crypto is becoming more responsible. Comprehensive user verification, compliance, and robust anti-money laundering controls are a must-have.”

“BitMEX represents it has engaged in remedial measures, including the development of an AML program and user verification program,” the CFTC consent order stated.

U.S. regulators initially announced lawsuits against BitMEX and its executive team back in October. These charges included the civil case that today’s injunction ends, as well as criminal charges from the Department of Justice against the founding team of Arthur Hayes, Ben Delo and Samuel Reed. Those cases are still ongoing.

The CFTC consent order is embedded below:

   BitMEX Consent Order by Mike McSweeney on Scribd

© 2021 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

BitMEX settles with CFTC, FinCEN for $100 million, but criminal cases against former execs continue

On August 10, the Commodity Futures Trading Commission and Financial Crimes Enforcement Network settled their civil lawsuits against crypto exchange BitMEX and its holding company. The firm will pay regulators $100 million.

The consent order said of the crypto exchange’s offenses:

“Among other things, BitMEX failed to implement a customer identification program (“CIP”), including know-your-customer (“KYC”) procedures, that would enable it to identify U.S. persons using the BitMEX platform—or determine the true identity of the vast majority of its customers, whether from the U.S. or elsewhere.”

Per the consent order, BitMEX may not offer derivatives products in the United States or operate a swaps facility without first scoring approval from the CFTC.

The settling defendants, as named in the consent order, are HDR Global Trading Limited, 100x Holdings Limited, ABS Global Trading Limited, Shine Effort Inc Limited, and HDR Global Servies (Bermuda) Limited, “all doing business as ‘BitMEX’.”

In his blog on the announcement, current CEO Alex Höptner said that “crypto is becoming more responsible. Comprehensive user verification, compliance, and robust anti-money laundering controls are a must-have.”

“BitMEX represents it has engaged in remedial measures, including the development of an AML program and user verification program,” the CFTC consent order stated.

U.S. regulators initially announced lawsuits against BitMEX and its executive team back in October. These charges included the civil case that today’s injunction ends, as well as criminal charges from the Department of Justice against the founding team of Arthur Hayes, Ben Delo and Samuel Reed. Those cases are still ongoing.

The CFTC consent order is embedded below:

   BitMEX Consent Order by Mike McSweeney on Scribd

Correction: This report has been amended to reflect that the CFTC order does not permanently bar BitMEX from offering services in the US; rather it must receive approval before doing so.

© 2021 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

WisdomTree’s digital assets lead predicts ‘big reorganization’ of finance around tokenization

Quick Take

  • WisdomTree already runs two crypto ETF products in Europe and has a host of digital assets initiatives in the pipeline.
  •  A belief in the power of ‘tokenization’ is driving these efforts.

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Author: Ryan Weeks

NFT project Bored Ape Yacht Club has donated $850,000 to an orangutan charity

An ape-themed NFT project called Bored Ape Yacht Club has donated 66.45 ETH ($208,000) to an orangutan charity called Orangutan Outreach today. This puts their total donations to the charity at $850,000 at current prices.

The donation was made with an Ethereum transaction, organized through crypto donation platform The Giving Block. This platform enables anyone to make a direct cryptocurrency payment to a range of supported charities.

Founded in 2007, Orangutan Outreach is a New York-based non-profit focused on protecting orangutans in Borneo and Sumatra.

Bored Ape Yacht Club is a collection of NFTs featuring a range of — you guessed it — bored apes. But NFT owners get some other privileges including the ability to draw pixels on a shared digital canvas. (They do this by signing in with their Ethereum wallets, proving that they own the NFT in question — a decentralized replacement to signing in with Facebook or Google.)

The NFT collection was launched on April 23 but it took until May 1 to sell out. The cost of minting each ape was 0.08 ETH, worth around $220 each at the time. With 10,000 NFTs that means the project netted around $2.2 million.

Bored Ape Yacht Club swiftly took hold, with many crypto members changing their Twitter profile pictures to show off their own bored apes. With this interest, prices for these NFTs rocketed up with the current floor price (meaning the lowest prices the NFTs are currently being sold for) now above 15 ETH ($47,000).

The group previously donated 135 ETH ($419,000) to a range of animal charities on June 30, including a 33.75 ETH ($100,000) donation to Orangutan Outreach at the time. Other charities included Friends of Bonobos (bonobos being a type of great ape) and Wright-Way Rescue, which rescues pets.

On July 9, it donated 11.5 ETH ($36,000) via The Giving Block, including 5.75 ETH ($18,000) to Orangutan Outreach. And on July 28, it gave 169 ETH ($524,000) to the same cause.

To put this in context, members of the crypto community jokingly refer to themselves as “apes,” in reference to the idea of “aping into” a hot new project or NFT collection. (Hence why FTX CEO Sam Bankman-Fried has an “APE SZN” sign next to his desk, standing for “ape season.”)

© 2021 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: Tim Copeland

Decentralized wireless network Helium raises $111 million in token sale led by a16z

Andreessen Horowitz (a16z) has led a $111 million token sale for Helium, the startup aiming to build a decentralized, peer-to-peer wireless network.

Also participating were 10T, Ribbit Capital, Alameda Research and Multicoin Capital, according to today’s announcement

“Helium is now evolving and has embarked on the path to deploy a 5G cellular network of gateways and hotspots. We’re excited about Helium’s potential to provide comprehensive 5G connectivity across the world in a way that’s faster and more capital-efficient than traditional telecom infrastructure,” a16z said in a blog post detailing its involvement, adding:

“Given their incredible progress and vast potential we’re excited to partner with Amir [Haleem, co-founder,] and the team to continue building a grassroots telecom network.”

The token in question is HNT, which are earned by operators of hotspots on the decentralized network and used to buy access to the network. 

As of press time, the price of HNT is up more than 15% in the past 24 hours, trading at $17 apiece, according to CoinGecko

© 2021 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: Michael McSweeney

What We Know – and Don’t Know – About Stablecoins’ Dollar Backing

An integral part of the cryptocurrency markets, stablecoins are huge and getting bigger; the combined market capitalization of all stablecoins was roughly $130 billion as of Oct. 22, a more than fourfold increase since the start of this year, according to CoinMarketCap.

In response to investor demands, major stablecoin issuers have been issuing monthly or quarterly attestation reports, where third-party auditing firms verify the information provided by the issuers. Different from audits, the firms don’t thoroughly inspect the accounts and identify risks in an attestation.

The information issuers choose to disclose, such as whether the dollar value of their reserves exceeds token supply, varies. So does the frequency of such reports.

The lack of standardization is not ideal for investors who use these disclosures to decide whether a stablecoin is safe relative to the alternatives, or for regulators who are increasingly voicing concern about the risks of these ersatz dollars.

“It makes comparison difficult,” said JP Koning, a CoinDesk columnist and former equity analyst. “If they’re not disclosing comparable information, that attestation reports just aren’t as useful.”

Below CoinDesk presents a consolidated guide to what we know, and don’t know, about the collateral behind the largest stablecoins.

The dollar amount of stablecoins has soared this year above $100 billion.

What is disclosed?

Many stablecoin issuers, such as Circle, Paxos and Gemini, started issuing attestation reports in 2018 and 2019. However, the most opaque stablecoin issuer, Tether, issued its first attestation report in March.

Two months later, Tether revealed the breakdown of its reserves as part of its settlement with the New York Attorney General’s office. Its largest competitors, Circle and Paxos, also disclosed the breakdown of their reserves afterward. On August 9, Tether released its latest attestation report, which included the composition of its reserves and more details about its commercial paper (CP) and certificates of deposit (CDs) holdings.

Most stablecoin issuers, including Circle, Paxos, Huobi and Gemini, release attestation reports every month. For TrueUSD, the attestation is released 24/7 – you can get a report whenever you want, showing the state of its U.S. dollar collateral up to the minute. On the other end of the spectrum, Tether said it would issue attestation reports on a quarterly basis.

Asset breakdowns

Tether

Roughly 49% of Tether’s $62.8 billion reserves are invested in commercial paper (CP) - typically short-term corporate debt – and certificates of deposit (CDs), out of which roughly 93% was rated A-2 and above, 5.5% at A-3 and 1.5% below A-3 as of June 30, according to the stablecoin issuer’s latest disclosure.

Other reserves included $6.28 billion in cash and bank deposits, or 10% of the total, $1 billion in reverse repo notes (1.6%) and $15.28 billion of U.S. Treasury bills (24.3%), according to the attestation.

The company also held $2.52 billion in secured loans (4%) and $4.83 billion of corporate bonds, funds and precious metals (7.7%). Tether said in the report that none of its secured loans were made to affiliated entities. Tether’s “other investments” including digital tokens were $2.05 billion, or 3.3%, of the reserves.

Since at least 2017, Tether has made a point of disclosing something few of its competitors do: how much its assets outweigh its liabilities, an indication – at least in theory – of its cushion against potential losses. According to its website, Tether’s net assets were $162.3 million since its total assets were $70.78 billion versus liabilities of $70.62 billion as of Oct. 27. Thus its equity was a razor-thin 0.2% of its total assets. For context, the Federal Reserve requires large U.S. banks to have their capital at 8%.

Circle

In May, Circle reported that about 61% of its USDC (+0.03%) tokens are backed by “cash and cash equivalents,” meaning cash and money market funds. In Circle’s latest attestation, published in September, the company said 92% of its tokens are backed by cash and cash equivalents, as of Aug. 31. (The company didn’t disclose what assets were counted as cash equivalents. Cash equivalents usually include bank accounts and short-term securities such as U.S. Treasury bills, commercial paper and certificates of deposit with maturities of three months or less.)

“Yankee Certificates of Deposit” – meaning CDs issued by foreign (non-U.S.) banks – comprise a further 5% down from 13% in August. U.S. Treasurys accounted for 12% back in May, but only 1% as of August. Commercial paper is 2% down from 9% in May and the remaining tokens are backed by municipal and corporate bonds.

Unlike Tether, Circle doesn't break out its assets and liabilities in a simple balance sheet. However, it shows its assets and liabilities exactly match, thus having no extra "cushion."

PAX and BUSD

Some 96% of Paxos's reserves were held in cash and cash equivalents as of June 30, according to a blog post written by Dan Burstein, general counsel, and chief compliance officer of Paxos.

All of Paxos’s cash balances are held in U.S.-insured depository institutions, while all its cash equivalents are held in “U.S. Treasury bills with maturities of three months or less, or overnight repurchase agreements, overcollateralized by U.S. Treasury instruments.”

The other 4% of reserves are in U.S. Treasury bills but were categorized separately, since those Treasury bills are four months from maturity, all maturing in October 2021, according to Burstein’s post.

True USD

True USD offers 24/7 attestation reports – you can download the latest report from their website whenever you want and get a real-time snapshot. However, it is still worth looking at the composition of the reserves closely.

The company’s dollar balance is held at “federally insured U.S. depository institutions and a Hong Kong depository institution,” according to the attestation report, while the cash equivalents include “short-term, highly liquid investments of sufficient credit quality that are readily convertible to know amounts of cash.”

HUSD

The reserves backing HUSD are all held in cash in money market accounts in the United States, the token’s issuer, Stable Universal, told CoinDesk.

“The current asset composition does not contain ‘cash equivalents,'” such as “U.S. government Treasury bills, bank certificate of deposits, bankers’ acceptances, corporate commercial paper, and other money market instruments,” according to the company.

Gemini

According to Gemini’s latest attestation as of June 30, all the reserves are “held and maintained at State Street Bank and Trust Company and within a money market fund managed by Goldman Sachs Asset Management, invested only in U.S. Treasury obligations.”

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Author: Frances Yue, Sandali Handagama

Senate passes trillion-dollar infrastructure bill with unamended crypto tax language

On August 10, the Senate passed H.R. 3684, a landmark infrastructure package months in the making that in its final steps became a flashpoint over cryptocurrency regulation in the United States.

The final vote tally was 69-30, with one abstention from Senator Mike Rounds. The bill has been a priority for the Biden administration and saw broad bipartisan support, despite Democrats asking for more and Republicans asking for less spending. 

The bill’s process, with the Senate version incubating behind closed doors with a bipartisan group, has proved controversial, especially for the crypto community. 

The language that now passed would identify anyone who provides “any service effectuating transfers of digital assets on behalf of another person” as a broker for the purposes of IRS reporting. The crypto industry immediately voiced concerns that beyond the target cryptocurrency exchanges, that language would potentially render such parties as miners, stakers, node operators and software developers responsible for reporting tax information of crypto users. That is not technologically feasible.

Two amendments looking to correct this broad definition emerged over the past week, eventually consolidating into a compromise that included Treasury support. Due to the bill’s truncated process, they didn’t get a traditional vote. Senator Pat Toomey instead presented the consolidated amendment to the Senate for unanimous consent, which required no senator to object.

Senator Richard Shelby of Alabama ultimately sank the amendment out of a desire to see his own $50 billion amendment, to add military spending, enter the bill. 

The bill still needs to pass in the House of Representatives, which is on recess until September. It is not expected to face substantial resistance in the lower chamber. 

© 2021 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

DraftKings launches NFT marketplace with first drop featuring Tom Brady

Daily fantasy and sports-betting company DraftKings has launched its new non-fungible token (NFT) marketplace and will host its first sale later this week. 

Autograph, the NFT platform launched by football player Tom Brady, will provide content for DraftKings Marketplace’s first Preseason Access Collection. The collection will also include access passes from notable athletes like Wayne Fretzky, Tony Hawk, Naomi Osaka, and Derek Jeter, according to a press release. 

The collection of sports-related NFTs will be available on Autograph.io as well as the DraftKings Marketplace. Fans and collectors with a DraftKings account can access the marketplace on desktop or mobile. Each featured athlete will release a limited number of NFTs. Buyers can join the first drop featuring Tom Brady on August 11. 

“The overall NFT market has already surged to over $2.5 billion in sales volume for the first half of 2021, and so whether someone is well-versed or barely familiar with digital collectibles, we envision DraftKings Marketplace being a premier platform for all within a trend that is decidedly here to stay,” DraftKings president and co-founder Matt Kalish said in a statement.

© 2021 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: Saniya More

Robinhood completes first post-IPO acquisition with $140 million all-cash deal

Brokerage app company Robinhood announced that it acquired the investment communications firm Say Technologies for a $140 million all-cash deal, according to a Tuesday release

Say Technologies is a 2017 communications startup that aims to bolster shareholder engagement in the companies they invested in. Say gives broker-dealers the technology to better process proxy statements, which involve information from companies to shareholders so the latter may make better-informed decisions when voting on company processes. In addition, Say lets shareholders actively participate in company earnings and other events through a Q&A platform. 

“We founded Say to give investors a better way to engage with the companies they own, and to give companies tools to better understand and access their investors. As part of the Robinhood family, we’ll be able to further our goal of creating a new ecosystem of ownership and engagement to benefit all investors and companies,” said Alex Lebow, co-founder and CEO of Say Technologies, in a statement. 

The move comes shortly after Robinhood’s stock market debut on July 29. The stock’s first day of trade was a rough one, though the value of of $HOOD has since risen from those lows. At press time, Robinhood was trading at $54.84.

© 2021 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: MK Manoylov

ConsenSys-incubated crypto wallet Liquality raises $7 million in seed funding

Liquality, a multi-chain crypto wallet initially incubated by ConsenSys, has raised $7 million in a seed funding round.

The round was led by Hashed and Galaxy Digital, with participation from White Star Capital, Accomplice, Coinbase Ventures, Alameda Research, and others.

This was an equity funding round and will help Liquality to grow its team and support more blockchains, Liquality co-founder Simon Lapscher told The Block. Liquality’s current headcount is 18, which has nearly doubled in 2021, and it is looking to hire at least six people more  across engineering and customer support functions, said Lapscher.

As for supporting more blockchains, Lapscher said Liquality plans to integrate Polkadot, Cosmos, Thorchain, Arbitrum, Solana, and the Lightning Network. The wallet currently supports Bitcoin, Ethereum, Rootstock, Binance Smart Chain, Near, and Polygon, meaning its users can swap tokens built on these blockchains. 

Liquality’s core offering is atomic swaps, meaning two parties can swap tokens peer-to-peer. “Users and their counterparties can use atomic swaps to avoid paying unnecessary fees and minimize counterparty, settlement, and custodial risks,” said Liquality’s other co-founder Thessy Mehrain.

Liquality, currently available as a browser extension, also plans to go mobile in the near future, said Mehrain. 

Eventually, launching a decentralized autonomous organization (DAO) is also in Liquality’s plans. “By creating a DAO, governance will be moved to the Liquality community,” said Lapscher. “The goal of the DAO is to jointly vote on the roadmap and reward participation in a multitude of activities. Contributing in-wallet features, providing liquidity, securing the network or simply swapping are some of the ways anyone can participate and benefit.”

© 2021 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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