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Crypto has a leadership problem: What can regulators do?

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Crypto cons are frequent, and the sector’s loudest and most well-known leaders have faced substantial legal trouble in recent years.

You know the names:

  • Sam Bankman-Fried, sentenced to 25 years
  • Changpeng Zhao, released after four months
  • Nader Al-Naji, arrested and (if convicted) faces a maximum sentence of 20 years in prison
  • Arthur Hayes, six months of home confinement
  • Do Kwon, arrested and could potentially face significant jail time
  • Mark Karpeles, arrested in Japan over Mt. Gox legal trouble
  • Alex Mashinsky, arrested in 2023 and is currently on trial
  • Charlie Shrem, pleaded guilty in 2015 and served a year in prison

Crypto.news collected some commentary about whether the crypto industry has a serious leadership problem, or simply suffers from a few bad apples. At a glance, it does seem like fertile ground for shady goings-on.

But then again, “is it worse than anything else that’s out there?” asks Anthony Scaramucci, founder of SkyBridge Capital.

“You could say there are bad apples in other parts of finance,” Scaramucci told us via Saxo. “I would maintain it’s not worse than anything else. I would say that we’re in the process of cleaning this up.”

Biden was ‘overly aggressive’

Scaramucci, whose hedge fund embraced Bitcoin (BTC) as an offering in 2020, has a prolific career in finance, having spent seven years at Goldman Sachs.

He was also a former White House communications director for 11 days under ex-President Donald Trump.

Scaramucci has since soured on Trump and endorsed Vice President Kamala Harris for the 2024 presidential election. He even revealed at the TOKEN2049 conference in Singapore that he and other cryptocurrency advocates are collaborating with the Harris campaign to shape more industry-friendly policies should she win on Election Day, Nov. 5.

For crypto investors, it’s exactly what they’re looking for: an inside man who knows the industry and can carve inroads with Washington, D.C. Up until now, their big gripe is with the Biden administration and the current leadership within the U.S. Securities and Exchange Commission (SEC).

In 2023, SEC Chair Gary Gensler, a Biden appointee, brought 46 cryptocurrency-related enforcement actions. That’s up 53% from 2022, according to Cornerstone Research.

Lawmakers were perhaps “embarrassed” by FTX founder Bankman-Fried, Scaramucci adds. Bankman-Fried was convicted of embezzling an estimated $10 billion of his customer’s deposits (Scaramucci’s SkyBridge suffered a hit when FTX collapsed).

Since then, the SEC has grown more strict. Gensler has taken action against major players such as Binance, Coinbase, Ripple, and Terraform Labs. This has sparked numerous legal battles and high-profile cases.

Most cryptocurrency tokens qualify as securities under U.S. law and, as a result, fall under SEC oversight.

“I thought that they [the Biden administration] were overly aggressive in terms of their anti-crypto positioning,” Scaramucci says. “It was unnecessary to be that aggressive.”

Other crypto pros share a similar sentiment. Tim Kravchunovsky, founder and CEO of decentralized telecommunications company Chirp, argues that those enforcement actions by the SEC felt more like attacks rather than constructive oversight.

“Crypto investors were met with confusion, inconsistent policies, and outright hostility at times,” Kravchunovsky said of the past four years. “Instead of fostering innovation or providing clarity, the [Biden] administration’s actions raised anxiety, leaving investors guessing about the future of the space.”

Trump does a 180

Crypto’s public relations nightmare continued last week when U.S. prosecutors brought charges against 15 people across four companies: Gotbit, ZM Quant, CLS Global and MyTrade.

The firms engaged in fraudulent practices designed to manipulate the market, according to the FBI.

But scenarios like this “don’t represent all of crypto,” Kravchunovsky insists.

“The industry doesn’t have a leadership problem — it has a trust problem,” he says. “Every time someone like Sam Bankman-Fried makes headlines for fraud, the media paints the entire industry with the same brush. But remember, in any sector where money flows, so do opportunists and criminals. It’s not unique to crypto.”

Indeed, crime permeates all corners of finance. In 2023, more than three trillion dollars in illicit funds reportedly flowed through the global financial system. This trend is expected to continue, driven largely by the rise in digital technologies, which provide new avenues for criminals.

“It’s unfortunate that there has been a growing list of arrests and charges amongst high-profile crypto leaders,” David Morrison, Senior Market Analyst at Trade Nation, says. “Some have clearly been bad actors who have bamboozled and defrauded their customers, broken regulations deliberately for their own gain, and so on. But this is not unusual where new technologies and money collide.”

It’s a bad look, but one Morrison expects to improve “should regulation continue to develop in ways helpful to the sector as a whole.”

“That will require regulators and policymakers with a genuine interest and understanding of cryptos, valuing its importance while welcoming its potential,” he said.

It’s no wonder the industry looks to Trump’s possible re-election as a silver lining. The 78-year-old candidate saw an opportunity to court a passionate portion of the electorate that had grown frustrated with the Biden administration. Gemini co-founders Tyler and Cameron Winklevoss are two of his biggest donors.

Once a crypto skeptic, the twice-impeached Trump is now amongst the industry’s most ardent cheerleaders. He’s even gearing up for the public sale of his own token under the banner of World Liberty Financial, a firm he launched with his three sons, starting Tuesday, Oct. 15.

Polymarket, a platform that allows users to gamble on real-world events using crypto, has him currently leading Harris in a 2024 presidential prediction by more than eight percentage points.

But in an industry marred by illegalities, is Trump — the first former U.S. president to be convicted of felony crimes — crypto’s best bet? Even the Republican’s most staunch supporters have a bad feeling about World Liberty Financial.

“Whether you like Trump or not, his World Liberty Financial venture shows he’s not shying away from crypto,” Kravchunovsky says. “Say what you will about the hype, but at least he’s not trying to kill the industry with endless regulations.”

Advice for Harris

Crypto is one area where Harris, 59, deviates from Biden. Last month, at an event in Manhattan, the Democratic nominee stated that she wants to embrace “innovative technologies” like digital assets while also protecting consumers and investors.

Billionaires Mark Cuban and Ben Horowitz are both on board; so is Ripple co-founder Chris Larsen, who made his first recorded cryptocurrency donation to her campaign.

Should Harris win the election, Morrison offered some advice on behalf of his crypto peers: “If Ms. Harris wins next month, then please don’t relegate cryptocurrencies to the ‘Can’t be bothered’ bucket.”

Crypto has the potential to help the unbanked and “boost entrepreneurship in some of the poorest and most neglected places on our planet,” he adds. “Don’t write it off just because Donald Trump talks about it so much.”

Kravchunovsky agrees.

“If Harris takes office, she needs to understand that crypto isn’t just about speculation—it’s a transformative technology that could redefine industries,” he said. “But here’s the thing: She’s got to listen to people who actually understand blockchain, not just the hype artists or the bureaucrats who think in terms of control. This isn’t about shutting it down, it’s about creating a healthy environment for it to thrive responsibly. The U.S. can’t afford to let fear or misinformation drive policy.”

As for Scaramucci, the former Trump advisor turned Harris advisor, doesn’t seem too worried about this burgeoning asset class.

“The best days for crypto are still ahead,” he says.





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Donald Trump

Gary Gensler’s Departure Is No Triumph For Bitcoin

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Follow Aaron on Nostr or X.

As I’ve explained previously, I don’t think Donald Trump actually gives a damn about Bitcoin; at best, he’s a shitcoiner who wants in on the scam. Having said that, it is fair to say that Trump adopted a pro-crypto stance during his campaign. And indeed, his promise at Bitcoin 2024 to fire Gary Gensler on “day one” of his presidency seems to have already resulted in the SEC chairman announcing his resignation.

An optimistic scenario (as for example suggested by Trey Walsh) is one in which the Democrats now (also) adopt Bitcoin as part of their party platform. But given how many other seemingly neutral topics get unnecessarily politicized (the COVID vaccines are perhaps the best recent example of this), I wouldn’t be surprised to see the opposite happen.

As the upcoming Trump administration is gearing up to establish a regulatory landscape facilitating full-on anything-goes multicoinery, and with Gary Gensler gone, we could well see the most atrocious scam coins proliferate and soar— before they inevitably implode. And as people over the next four years get rug pulled, dumped on, and otherwise defrauded, I could also easily imagine a political response from the other side of the aisle that fails to recognize the distinction between Bitcoin and the World Liberty Financials of the world altogether. They could turn against all of cryptocurrency even more than they already have— Bitcoin not excluded.

Of course, this is all speculation; I have no crystal ball here. But in a few years from now, bitcoiners might find themselves in between polarized positions from both major American political parties. Nocoiners to the left of me, shitcoiners to the right, here I am, stuck in the middle with you.

This article is a Take. Opinions expressed are entirely the author’s and do not necessarily reflect those of BTC Inc or Bitcoin Magazine.



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Blockchain

Blockchain Association urges Trump to prioritize crypto during first 100 days

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The Blockchain Association has called on president-elect Donald Trump and Congress to prioritize five key actions during the administration’s first 100 days to establish the U.S. as a global leader in cryptocurrency innovation. 

In an open letter, the industry group outlined specific measures to address regulatory challenges and support the domestic digital asset economy.

The Blockchain Association is a U.S.-based crypto lobbying group advocating for a regulatory framework for cryptocurrencies. They emphasized lifting the bank account ban on crypto companies and appointing new leadership for the SEC, Treasury Department, and IRS. 

They also proposed creating a cryptocurrency advisory committee to work with Congress and federal regulators.

Five priorities for Trump’s first 100 days

The letter highlighted five steps aimed at fostering a supportive environment for crypto businesses and users:

  1. Creating a Crypto Regulatory Framework
    The Blockchain Association urged Congress to draft comprehensive legislation for cryptocurrency markets and stablecoins. This framework, it argued, would balance consumer protection with innovation. Stablecoins are digital currencies tied to traditional assets, such as the U.S. dollar, offering price stability for users.
  2. Ending the Debanking of Crypto Companies
    The group expressed concern over crypto businesses losing access to banking services. These companies rely on traditional banks to handle payroll, taxes, and vendor payments. Without banking access, their operations can be severely disrupted.
  3. Reforming the SEC and Repealing SAB 121
    The association called for a new SEC chair to replace what it described as a hostile regulatory approach under the current leadership. It also recommended reversing SAB 121, an accounting rule that imposes strict requirements on crypto-related businesses.
  4. Appointing New Treasury and IRS Leadership
    Tax policies for cryptocurrencies, such as the proposed Broker Rule, have been criticized for potentially stifling innovation and driving companies offshore. The letter urged the administration to appoint leaders who would support privacy and foster a fair tax environment for digital assets.
  5. Establishing a Crypto Advisory Council
    The letter proposed a council to facilitate collaboration between the industry, Congress, and federal regulators. Public-private partnerships, it said, could create rules that protect consumers while encouraging innovation.

Crypto collaboration

In their letter, the Blockchain Association emphasized its readiness to work with the administration and 100 member organizations to ensure the U.S. regains its position as a financial and technological innovation leader.

“We stand ready to work with you to ensure the United States can regain its position as the crypto capital of the world,” the Blockchain Association wrote in the letter.

This letter comes as Trump adopts a strong pro-crypto stance. Earlier in November, reports emerged that Trump plans to create a White House position solely focused on cryptocurrency and related policies.

This letter also comes a day after crypto-foe and SEC chair Gary Gensler announced his upcoming resignation. 



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Donald Trump

Trump Wants Teresa Goody Guillén to Head the SEC

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Soon-to-be President Donald Trump is looking at Teresa Goody Guillén, an experienced Securities attorney with a strong background in traditional finance and blockchain regulation, as a potential candidate to head the U.S. Securities and Exchange Commission.

If chosen, her appointment could mark a significant shift in the agency’s regulatory stance compared to the current ‘anti-crypto’ approach under Gary Gensler. 

The Trump administration has expressed its intention to move away from what it coined as “regulation by enforcement” in the cryptocurrency space. During his campaign, Trump promised to fire Gensler on his first day in office, and reports suggest that Gensler is already getting ready to resign before Trump takes office, for a second time, on Jan 20. 

Trump’s team is said to be looking for someone who is knowledgeable about digital assets and can soften the SEC’s stance on harsh crypto regulations until Congress offers a more definitive legislative direction. The blockchain and finance moguls see Goody Guillén as a perfect fit for this vision. Her supporters point out her firm grasp of security law and thoughtful approach to regulation. Guillén’s unique blend of experience with the SEC and her advocacy of blockchain companies has earned her considerable backing from both crypto leaders and traditional finance executives. 

Goody Guillén is a partner at BakerHostetler, where she co-heads the firm’s blockchain division.  According to her LinkedIn, she worked in the SEC’s office as the general counsel from 2009 to 2011. She then collaborated with former SEC Chair Harvey Pitt to provide counsel on enforcement issues.  

This combination of insider knowledge and advocacy against the SEC’s enforcement actions has made her an ideal candidate for the position, especially in the wake of Trump’s team looking for a pro-crypto regulator to revamp the SEC. Brendan Playford, co-founder of the decentralized data provider Masa, referred to her as “an instant change-maker” who has the potential to restructure the finance industry. 

Goody Guillén is one of many competitive groups of candidates for the SEC Chair position, which also includes major figures like Robert Stebbins from Willkie Farr & Gallagher, Brad Bondi from Paul Hastings, former SEC commissioner Paul Atkins, and Brain Brooks, who previously served as Acting Controller of the Currency. 

The Trump transition team is moving quickly this time around, and it is planning to announce the new SEC chair before Thanksgiving, as reported by CoinDesk.  This urgency brings to light the administration’s focus on rapidly changing financial regulations. If Goody Guillén is appointed, her leadership could lead to significant shifts in how the SEC handles crypto regulations. With the Trump administration already making some bold and controversial picks for Cabinet positions, many are keeping a close eye, as this could mean a make-or-break for regulatory reforms in the next four years.   



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