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Cryptocurrency Case Tests SEC’s Ability to Control Blockchain Technology
A New York judge will likely soon face some of the thorniest questions for regulators trying to police the cryptocurrency market.
Richard Heart, who founded and marketed the Hex crypto token, is accused by the Securities and Exchange Commission for selling unregistered securities and illegally using investor funds to purchase luxury goods, including a $1.38 million Rolex watch and a 555-carat black diamond known as “The Enigma.” Heart asks a federal judge to dismiss the SEC’s case.
The case is a testament to law enforcement’s reach in policing crypto transactions without borders. It also highlights questions about liability and who — or what — can be named as a defendant as the U.S. government cracks down on decentralized financial platforms and as currencies like Bitcoin surge once again in exchanges.
The SEC has appointed itself as the “global governor of blockchain technology,” lawyers for Heart, who lives in Finland, said in an April court filing archiving. The SEC’s response is expected in the coming weeks.
Cryptocurrency users, including tens of thousands who have come to Heart’s defense, are raising concerns about the SEC naming Hex and a blockchain protocol as defendants in the lawsuit and what implications it could have going forward. In a statement last month, they argued that these are technological innovations that cannot be sued.
Legal scholars agree that the SEC’s approach appears novel.
“This is a case where technology is moving faster than the law,” said Michele Neitz, a professor at the University of San Francisco School of Law and founder of the Blockchain Law for Social Good Center.
“You can’t report the sidewalk”
Financial regulators have increasingly focus your eyes on decentralized finance, or DeFi.
The Commodity Futures Trading Commission carried enforcement actions in September against three DeFi companies and signaled that more may be coming. The SEC is too investigating Uniswap, the creator of the largest DeFi trading platform on Ethereum, for securities law violations.
The nature of the technology poses complex questions for regulators. The SEC supports Hex, which trades at a fraction of 1 cent, it is both a security and an entity. Heart and Crypto users dispute both interpretations.
“The fact that it can be a security, a currency and then an entity is largely because it becomes confusing and difficult to understand,” said Carliss Chatman, of Southern Methodist University. Dedman School of Law professor who teaches commercial and corporate law.
The SEC also named as defendants, along with Heart and Hex, the blockchain network PulseChain and PulseX, a decentralized financial platform. The SEC alleges that Hex and the other software are “unincorporated alter ego entities” of Heart.
Suing computer software is “bizarre” and the SEC’s legal theories are “novel and unsupported,” PulseChain users said in a filing last month.
“You can’t sue the sidewalk or a piece of software,” users said in briefwritten by Kayvan Sadeghi, partner at Jenner & Block LLP, and Nick Morgan, former SEC attorney and founder of Investor Choice Advocates Network.
“Nightmare Scenario”
The SEC’s reasons for including the token and network as defendants are unclear. But users fear this is an attempt to effectively shut down PulseChain and Hex, which have amassed significant followings.
Some blockchain lawyers say the agency’s approach could open the door to developers being held liable for the software they write. The SEC’s investigation into Uniswap has raised similar concerns.
Allowing the SEC to proceed with the case would create a “cloud of uncertainty as to what conduct may or may not be found to violate federal securities laws (and what inanimate technology could somehow be held responsible for any violation),” the users said . said briefly.
The SEC is not the first regulator to pursue what critics have called new and troubling topics in this area.
The CFTC in 2022 won a dominant that a so-called decentralized autonomous organization, the Ooki DAO, could be sued as an unincorporated association. DAOs are blockchain-based groups controlled by their members.
The CFTC had notified the DAO of the lawsuit by posting a copy of the complaint in an online chat and help forum, which various crypto groups said was improper.
In another case, a judge allowed cryptocurrency users to do so Sue a related DAO as a general partnership. The ruling put thousands of group members at risk of being held personally liable in the lawsuit, which the parties later settled.
These types of cases highlight lingering uncertainties about how new technologies fit into traditional legal concepts and the extent of potential legal risk for DeFi participants, lawyers say.
“I think the people who started cryptocurrency and DeFi were hoping for even more protection because there would be no entity,” said Stephen Rutenberg of Polsinelli PC, which focuses on cryptocurrency and blockchain technology.
“But the nightmare scenario,” Rutenberg said, “is that you also lose your corporate protection and you basically become a partnership where everyone is responsible for everything.”
Global reach of the SEC
Another issue in the case is whether Heart can be sued in the United States.
Those of the SEC cause v. Heart, filed last summer, was brought in the U.S. District Court for the Eastern District of New York. The SEC alleges that Heart raised more than $1 billion by selling unregistered securities. He is accused of using at least $12.1 million of investor funds for personal luxury purchases.
In filing his motion to dismiss, Heart said the court has no jurisdiction to hear the case.
The SEC did not say he has any offices or bank accounts in the United States or that he has visited the United States. Rather, the complaint affects an unknown number of US users, as well as YouTube videos and other social media posts.
“When will US courts have the ability to hear disputes involving these types of borderless transactions?” said Jonathan Schmalfeld, a Polsinelli lawyer who specializes in blockchain and other technologies. “Or in this case, the most appropriate court, whether it is a government body, private individuals or anyone else, would be Helsinki?”
Additionally, Heart said there are no types of U.S. securities transactions that would give the SEC authority.
The SEC complaint simply indicates that an “unidentified Brooklyn resident” and other unspecified U.S. investors sent crypto assets to a blockchain address associated with PulseChain, Heart said.
Citing an anonymous person in Brooklyn sending funds “is pretty crude compared to how you typically analyze whether the SEC has jurisdiction over a securities matter,” Schmalfeld said.
The case is Securities and Exchange Commission v. SchuelerEDNY, No. 23-cv-05749.
News
Cryptocurrency Price August 1: Bitcoin Dips Below $65K; Solana, XRP Down Up To 8%
Major cryptocurrencies fell in Thursday trading following the Federal Reserve’s decision to keep its key interest rate unchanged. Overnight, the U.S. Federal Reserve kept its key interest rate at 5.25-5.5% for the eighth consecutive time, as expected, while also signaling the possibility of a rate cut at its next meeting in September. The unanimous decision by the Federal Open Market Committee reflects a continued wait-and-see approach as it monitors inflation trends.
CoinSwitch Markets Desk said: “Bitcoin has fallen below $65,000 after the US Federal Reserve announced it would keep interest rates unchanged. However, with markets now anticipating rate cuts at the next Federal Reserve meeting in September, the outlook for a Bitcoin rally by the end of the year has strengthened.”
Meanwhile, CoinDCX research team said: “The crypto market has plunged after the Fed decision. Tomorrow’s US unemployment rate announcement is expected to induce more volatility, with the ‘actual’ figure coming in higher than the ‘expected’ one, which is positive for cryptocurrencies.”
At 12:21 pm IST, Bitcoin (BTC) was down 3.2% at $64,285, while Ethereum was down nearly 4.5% at $3,313. Meanwhile, the global market cryptocurrency The market capitalization fell 3.6% to around $2.3 trillion in the last 24 hours.
“Bitcoin needs to clear its 200-day EMA at $64,510 to consolidate further. Otherwise, a retest of $62,000 could be in the cards,” said Vikram Subburaj, CEO of Giottus.
Altcoins and meme coins, such as BNB (3%), Solana (8%), XRP (5.7%), Dogecoin (5%), Cardano (4.6%), Avalanche (4.3%), Shiba Inu (3.8%), Polkadot (3.4%), and Chainlink (4%) also saw declines.
The volume of all stablecoins is now $71.64 billion, which is 92.19% of the total cryptocurrency market volume in 24 hours, according to data available on CoinMarketCap. Bitcoin’s dominance is currently 54.99%. BTC volume in the last 24 hours increased by 23.3% to $35.7 billion.
(Disclaimer: Recommendations, suggestions, opinions and views provided by experts are personal. They do not represent the views of the Economic Times)
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Altcoins WIF, BONK, RUNE, JUP Down 10% While Bitcoin Drops 4%
Altcoins dogwifhat, Bonk, THORChain, and Jupiter have suffered losses of more than 10%, while Bitcoin is down 4% in the last 24 hours.
After a period of relative calm yesterday, July 31, Bitcoin (BTC) price action has seen a drastic change as the cryptocurrency dropped by more than $3,500, bringing its value to $63,300. At the same time, altcoins mirrored this trend, with the total value of liquidated positions rising to nearly $225 million over the course of the day.
Initially, the week started on a positive note for Bitcoin, which reached its highest point since early June, hitting $70,000. However, this peak was short-lived, as it was quickly rejected, leading to a substantial decline, with Bitcoin falling below $65,500.
The cryptocurrency managed to regain some stability, trading comfortably at around $66,800. However, following a Press conference According to Federal Reserve Chairman Jerome Powell, the value of Bitcoin has fallen again to $64,300, down more than 3% in 24 hours.
BTC Price Chart 24 Hours | Source: crypto.news
The recession coincided with a relationship from the New York Times stating that Iran had called for retaliatory measures against Israel following the assassination of Hamas leader Ismail Haniyeh in Tehran, increasing the risk of further conflict in the region.
Meanwhile, on the economic front, the Federal Reserve decided to keep its benchmark interest rates in place, offering little information on a planned September rate cut. Powell also hinted that while no concrete decisions have been made on the September adjustment, there is growing consensus that a rate cut is likely.
Amid Bitcoin’s decline, altcoins have suffered even more significant losses. For example, dogwifhat (Wife) saw a 12.4% drop and (DISGUST) has suffered a 10% drop. Other altcoins such as THORChain (RUNE) also fell by 10%, while Jupiter (JUPITER) and the Ethereum naming service (ENS) decreased by 8% and 9% respectively.
Among the largest-cap cryptocurrencies, the biggest losers are Solana (SOL) with a decrease of 8%, (Exchange rate risk) down 6%, Cardano (ADA) down 4%, and both Ethereum (ETH) and Dogecoin (DOGE) recording a decrease of 4.4%.
Data from CoinGlass indicates that approximately 67,000 traders have been negatively impacted by this increased volatility. BTC positions have seen $61.85 million in liquidations, while ETH positions have faced $61 million. In total, the value of liquidated positions stands at $225.4 million at the time of writing.
News
Riot Platforms Sees 52% Drop in Bitcoin Production in Q2
Bitcoin mining firm Riot Platforms has released its second-quarter financial results, highlighting a decline in cryptocurrency mined due to the recent halving.
Colorado-based Bitcoin (BTC) mining company Riot platforms revealed its second quarter financial results, highlighting a significant reduction in mined cryptocurrencies attributed to the recent halving event that took place in early April.
The company reported total revenue of $70 million for the quarter ended July 31, a decline of 8.7% compared to the same period in 2023. Riot Platforms attributed the revenue decline primarily to a $9.7 million decrease in engineering revenue, which was partially mitigated by a $6 million increase in Bitcoin extraction income.
During the quarter, the company mined 844 BTC, representing a decline of over 50% from Q2 2023, citing the halving event and increasing network difficulty as major factors behind the decline. Riot Platforms reported a net loss of $84.4 million, or $0.32 per share, missing Zacks Research forecast a loss of $0.16 per share.
Halving increases competitive pressure
The Colorado-based firm said the average cost of mining one BTC in the second quarter, including energy credits, rose to $25,327, a remarkable 341% increase from $5,734 per BTC in the same quarter of 2023. Despite this significant increase in production costs, the firm remains optimistic about maintaining competitiveness through recent deals.
For example, following the Recent acquisition Cryptocurrency firm Block Mining, Riot has increased its distributed hash rate forecast from 31 EH/s to 36 EH/s by the end of 2024, while also increasing its 2025 forecast from 40 EH/s to 56 EH/s.
Riot Platforms Hashrate Growth Projections by 2027 | Source: Riot Platforms
Commenting on the company’s financials, Riot CEO Jason Les said that despite the halving, the mining company still managed to achieve “significant operational growth and execution of our long-term strategy.”
“Despite this reduction in production available to all Bitcoin miners, Riot reported $70 million in revenue for the quarter and maintained strong gross margins in our core Bitcoin mining business.”
Jason Les
Following its Q2 financial report, Riot Platforms shares fell 1.74% to $10.19, according to Google Finance data. Meanwhile, the American miner continues to chase Canadian rival Bitfarms, recently acquiring an additional 10.2 million BITF shares, increasing its stake in Bitfarms to 15.9%.
As previously reported by crypto.news, Riot was the first announced a $950 million takeover bid for Bitfarms in late May, arguing that Bitfarms’ founders were not acting in the best interests of all shareholders. They said their proposal was rejected by Bitfarms’ board without substantive engagement.
In response, Bitfarms She said that Riot’s offer “significantly understates” its growth prospects. Bitfarms subsequently implemented a shareholder rights plan, also known as a “poison pill,” to protect its strategic review process from hostile takeover attempts.
News
Aave Price Increases Following Whales Accumulation and V3.1 Launch
Decentralized finance protocol Aave is seeing a significant spike in whale activity as the market looks to recover from the recent crash that pushed most altcoins into key support areas earlier this week.
July 31, Lookonchain shared details indicating that the whales had aggressively accumulated Aave (AAVE) over the past two days. According to the data, whales have withdrawn over 58,848 AAVE worth $6.47 million from exchanges during this period.
In one instance, whale address 0x9af4 withdrew 11,185 AAVE worth $1.23 million from Binance. Meanwhile, another address moved 21,619 AAVE worth over $2.38 million from the exchange and deposited the tokens into Aave.
These withdrawals follow a previous transfer of 26,044 AAVE from whale address 0xd7c5, amounting to over $2.83 million withdrawn from Binance.
AAVE price has surged over 7% in the past 24 hours amid buy-side pressure from these whales. The DeFi token is currently trading around $111 after jumping over 18% in the past week.
Recently, the price of AAVE increased by over 8% after Aave founder Marc Zeller announced a proposed fee change aimed at adopting a buyback program for AAVE tokens.
Aave v3.1 is available
The total value locked in the Aave protocol currently stands at around $22 billion. According to DeFiLlamaApproximately $19.9 billion is on Aave V3, while the V2 chain still holds approximately $1.9 billion in TVL and V1 approximately $14.6 million.
Aave Labs announced Previously, Aave V3.1 was made available on all networks with active Aave V3 instances.
V3.1 features improvements that are intended to improve the overall security of the DeFi protocol. The Aave DAO governance has approved the v3.1 improvements, which also include operational efficiency and usability for the network.
Meanwhile, Aave Labs recently outlined a ambitious roadmap for the projectwith a 2030 vision for Aave V4, among other developments.
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