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Crypto Brief - Lowenstein Crypto Newsletter - April 9, 2026

On April 7, the Securities and Exchange Commission (SEC) released its enforcement results for the fiscal year ending September 30, 2025, characterizing the period as one of significant “course correction.” The SEC filed 456...more

CFTC Settles With KuCoin for $500,000 Despite Alleged Anti-Money Laundering Violations

On March 30, the U.S. District Court for the Southern District of New York entered a consent order against Peken Global Limited, doing business as KuCoin, imposing a civil monetary penalty of $500,000 and permanently...more

FinTech Five - Lowenstein's FinTech, Crypto, Trading & Markets Newsletter - April 7, 2026

On April 2, the Commodity Futures Trading Commission (CFTC) and the Department of Justice (DOJ) filed lawsuits against Arizona, Connecticut, and Illinois, challenging each state’s enforcement actions against CFTC-registered...more

New CFTC Enforcement Director Outlines Updated CFTC Enforcement Priorities, Previews New Cooperation Advisory, and Warns on...

New Commodity Futures Trading Commission (CFTC) Director of Enforcement David I. Miller made several significant announcements in remarks at NYU Law School on March 31. Miller discussed what the CFTC Division of Enforcement...more

Crypto Brief - Lowenstein Crypto Newsletter - April 2, 2026

U.S. Department of Labor Proposes Rule to Open 401(k) Plans to Crypto and Alternative Assets - On March 30, the U.S. Department of Labor (DOL) released a proposed rule that would make it easier for 401(k) retirement plans...more

FinTech Five - Lowenstein's FinTech, Crypto, Trading & Markets Newsletter - March 31, 2026

Between March 25 and March 26, members of both chambers introduced at least three bills targeting prediction markets. On March 25, Reps. Adrian Smith, R-Neb., and Nikki Budzinski, D-Ill., introduced the PREDICT Act, which...more

Crypto Brief - Lowenstein Crypto Newsletter - March 26, 2026

On March 24, Delaware Sen. Spiros Mantzavinos and Rep. Bill Bush introduced two bipartisan bills–Senate Bill 19, the Delaware Payment Stablecoin Act, and Senate Bill 16, the Delaware Banking Modernization Act. The Delaware...more

CFTC Seeks Input on Prediction Markets as Staff Signal Heightened Scrutiny for Sports-Related and Other Event Contracts

On March 16, 2026 the CFTC continued its assertion of exclusive jurisdiction over prediction markets1 by publishing an ANPRM2 and Staff Advisory,3 both related to event contracts. These releases come amid ongoing federal and...more

SEC Issues Interpretive Framework for Crypto Asset Classification

On March 17, 2026, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) (together, the Agencies) released a Joint Interpretation regarding the application of federal securities laws...more

Crypto Brief - Lowenstein Crypto Newsletter - March 19, 2026

SEC and CFTC Issue Joint Interpretation Clarifying Application of Federal Securities Laws to Crypto Assets- On March 17, the Securities and Exchange Commission (SEC) issued a commission-level interpretation clarifying...more

CFTC and SEC Strengthen Regulatory Coordination Through Memorandum of Understanding

Background - On March 11, the SEC and the CFTC (the Agencies) announced a new MOU designed to strengthen coordination between the Agencies on regulatory matters involving overlapping jurisdictions. The MOU reflects the...more

Crypto Brief - Lowenstein Crypto Newsletter - March 12, 2026

SEC and CFTC Sign Historic Memorandum of Understanding- On March 11, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) formally entered into a memorandum of understanding...more

Crypto Brief - Lowenstein Crypto Newsletter - March 5, 2026

President Donald Trump Accuses Banks of Undermining GENIUS Act, Urges Passage of CLARITY Act- On March 4, Trump posted on Truth Social accusing the banking industry of undermining the Guiding and Establishing National...more

Crypto Brief - Lowenstein Crypto Newsletter - February 26, 2026

OCC Issues Proposed Rule to Implement the GENIUS Act- On Feb. 25, the Office of the Comptroller of the Currency (OCC) issued a 376-page Notice of Proposed Rulemaking (Bulletin 2026-3) to implement the Guiding and...more

Crypto Brief - Lowenstein Crypto Newsletter - February 19, 2026

SEC Chairman Atkins Delivers Remarks Outlining 2026 Crypto Regulatory Agenda- On Feb. 18, SEC Chairman Paul S. Atkins and Commissioner Hester M. Peirce delivered joint remarks outlining the SEC's comprehensive regulatory...more

Crypto Brief - Lowenstein Crypto Newsletter - February 12, 2026

On Feb. 11, Securities and Exchange Commission (SEC) Chairman Paul S. Atkins testified before the U.S. House Financial Services Committee regarding the agency’s plans for cryptocurrency regulation. Atkins announced that he...more

Crypto Brief - Lowenstein Crypto Newsletter - February 5, 2026

On Jan. 29, the U.S. Senate Agriculture Committee voted along party lines to advance a cryptocurrency market structure bill that would grant the Commodity Futures Trading Commission (CFTC) regulatory authority over digital...more

Crypto Brief - Lowenstein Crypto Newsletter - January 29, 2026

On Jan. 29, Securities and Exchange Commission (SEC) Chairman Paul S. Atkins and Commodity Futures Trading Commission (CFTC) Chairman Michael S. Selig held a joint event discussing harmonization between the two agencies and...more

On-chain or Off-chain, Federal Securities Laws Remain Un-chain-ged.

On Jan. 28, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance, Division of Investment Management, and Division of Trading and Markets (collectively referred to as Staff), released a joint staff...more

Crypto Brief - Lowenstein Crypto Newsletter - January 22, 2026

On Jan. 21, U.S. Senate Committee on Agriculture, Nutrition, and Forestry Chairman John Boozman, R-Ark., released updated legislative text that builds on a previously released bipartisan discussion draft that would give the...more

Crypto Brief - Lowenstein Crypto Newsletter - January 15, 2026

On Jan. 15, U.S. Senate Banking Committee Chairman Tim Scott (R-S.C.) announced that the Committee will be postponing the markup hearing for the comprehensive digital asset market structure legislation which was originally...more

Crypto Brief - Lowenstein Crypto Newsletter - January 8, 2026

The Senate Committee on Banking, Housing, and Urban Affairs and the Senate Committee on Agriculture, Nutrition, and Forestry intend to hold markup hearings regarding market structure legislation on Jan. 15. The topics...more

SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs...more

A Step Forward for Broker-Dealers and Transfer Agents Engaged in Crypto Asset Businesses

The Staff noted that Securities Exchange Act (SEA) Rule 15c3-3(b) only applies to securities carried by a broker-dealer. Accordingly, if a broker-dealer carries non-security crypto assets (e.g., Bitcoin or Ether), a...more

SEC Greenlights Proof-of-Work Mining

The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as...more

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