Even those who are most suspicious of the rise of cryptocurrency will likely admit that the underlying blockchain technology and its potential uses are exciting. One use of this technology, decentralized finance, or DeFi, is...more
9/1/2021
/ Bitcoin ,
BitMEX ,
Blockchain ,
CFTC ,
Commodity Exchange Act (CEA) ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Ether ,
Financial Industry Regulatory Authority (FINRA) ,
Hackers ,
Popular ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
With offerings across a growing number of online platforms and increased trading volume, NFT issuers, promoters, and buyers should consider the legal and regulatory implications relating to NFTs and federal securities laws....more
6/16/2021
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Financial Industry Regulatory Authority (FINRA) ,
FinHub ,
FinTech ,
Howey ,
Investment ,
Investment Contract ,
Non-Fungible Tokens (NFTs) ,
Securities ,
Securities Act of 1933 ,
Smart Contracts
As NFTs gain popularity, buyers and sellers should consider the potential issues related to federal anti-money laundering laws.
While non-fungible tokens (“NFTs”) have existed for several years, the market for NFTs grew...more
5/19/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Bitcoin ,
Blockchain ,
Compliance ,
Cryptocurrency ,
Customer Due Diligence (CDD) ,
FinCEN ,
Non-Fungible Tokens (NFTs) ,
Peer-to-Peer ,
Popular
After Widespread Market Opposition in an Expedited First Round of Comments, FinCEN Solicits More Feedback on Rule Seeking to “Close Gaps” in Virtual Currency Anti-Money Laundering Rules
On January 14, in a surprise move,...more
1/18/2021
/ Administrative Procedure Act ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Biden Administration ,
Cryptocurrency ,
Financial Institutions ,
FinCEN ,
Notice of Proposed Rulemaking (NOPR) ,
Popular ,
Proposed Rules ,
Public Comment ,
Recordkeeping Requirements ,
Reporting Requirements ,
Travel Rule ,
U.S. Treasury ,
Uniform Commercial Code (UCC) ,
Virtual Currency
Recent Enforcement Actions and Guidance from DOJ, FinCEN, and OFAC Demonstrate the Increased Commitment — and Cooperation — of Federal Regulators to Police Digital Currencies, Including Their Use in Ransomware Attacks -
Amid...more
11/16/2020
/ Bitcoin ,
Cryptocurrency ,
Cyber Attacks ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Enforcement Guidance ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Securities and Exchange Commission (SEC)
Stepping outside of SWIFT -
Since its inception more than a decade ago, cryptocurrency has been viewed as a way to supplant traditional global methods of exchanging money. Today, as virtual currencies proliferate,...more
2/19/2019
/ Corruption ,
Cryptocurrency ,
Digital Currency ,
Economic Sanctions ,
Initial Coin Offering (ICOs) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Self-Regulatory Organizations ,
SWIFT ,
Virtual Currency
Since at least July 2017, when the Securities and Exchange Commission (SEC) announced it expected initial coin offerings (ICOs) to either register under U.S. securities laws or qualify for an exemption, crypto-market...more
The Securities and Exchange Commission (SEC) took an important step in its steady march of enforcement actions involving digital assets. On November 8, 2018, the SEC announced that Zachary Coburn, the founder of crypto token...more
In the ancient parable of the Blind Men and the Elephant, a group of blind men who had never come across an elephant before were asked to describe it. Each blind man felt a different part of the elephant’s body, but only one...more
New York Attorney General’s Office publishes a detailed report on policies and practices at virtual asset trading platforms, citing multiple common deficiencies -
The New York Attorney General’s Office (“NYAG”) issued a...more
EXECUTIVE SUMMARY –
Following testimony February 6th before the U.S. Senate, as well as a series of recent enforcement actions, it is clear that both the SEC and CFTC are picking up steam in their efforts to command a...more