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SEC Staff to Reassess Biden-Era Crypto Guidance Amid Regulatory Shakeup

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Staff at the U.S. Securities and Exchange Commission (SEC) are reviewing past crypto-related guidance to determine whether it still reflects the agency’s current priorities, according to a statement from acting chairman Mark Uyeda, posted on social media platform X.

Among several key documents, the SEC staff’s statement on funds registered under the Investment Company Act Investing in the bitcoin futures market is under review, according to the X post. Other documents include digital assets “investment contracts,” and custody frameworks. The reviews could result in more clarification for regulatory frameworks around the digital assets sector.

The request from Uyeda is related to Executive Order 14192, Unleashing Prosperity Through Deregulation and comes after a recommendation from Elon Musk’s D.O.G.E.

It is worth noting that the statement is coming from SEC staff and not from Commissioner Hester Peirce, making it less binding. However, it still shows the SEC’s willingness to ease pressure on the digital assets sector since the agency was taken over by President Donald Trump-appointed leadership.

The move is part of interim Chairman Mark Uyeda’s efforts to overhaul the regulator’s crypto position. That includes throwing out most of the prominent enforcement cases the agency had pursued against digital asset businesses.

Read more: U.S. SEC Staff Clarifies That Some Crypto Stablecoins Aren’t Securities





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SEC, Binance Ask Judge to Extend Pause in Ongoing Case

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Attorneys for the U.S. Securities and Exchange Commission and Binance asked a federal judge on Friday to continue a pause in the regulator’s case against the crypto exchange for another two months, citing “productive discussions.”

The SEC sued Binance in 2023, alleging the exchange — alongside its U.S. affiliate and executives such as former CEO Changpeng Zhao — violated federal securities laws by operating as an unlicensed clearing agency, broker and exchange. The SEC also alleged commingling and that Binance.US’s trading volume was manipulated. In February, after U.S. President Donald Trump retook office and appointed Commissioner Mark Uyeda as acting agency chair, the regulator asked for a 60-day pause in the case, which was set to expire on Monday. The SEC pointed to a newly created crypto task force aiming to draft clearer guidance around how securities law might apply to digital assets as part of its explanation for the requested pause.

In Friday’s filing, the attorneys involved said the discussions included “how the efforts of the crypto task force may impact the SEC’s claims,” and requested another 60 days’ pause.

“In light of these continued discussions and the time required for the staff to seek authorization from the Commission as necessary to approve any resolution or changes to the scope of this litigation, the SEC requested that the Defendants agree to continue the current stay for an additional 60 days, and the Defendants agreed that continuing the stay is appropriate and in the interest of judicial economy,” the filing said.





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Barry Silbert

Judge Rules Against Most of DCG’s Motion to Dismiss NYAG’s Civil Securities Fraud Suit

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A New York judge ruled Friday that the majority of New York Attorney General Letitia James’ civil securities fraud suit against crypto venture firm Digital Currency Group (DCG) and two of its executives can proceed to trial.

In 2023, James sued James sued DCG and its CEO Barry Silbert, DCG’s now-bankrupt lending arm Genesis Global Capital and its former CEO Michael Moro and crypto exchange Gemini, alleging that they worked together to cover up a gaping $1 billion hole in Genesis’ balance sheet caused by the wipe-out of Singapore-based crypto hedge fund Three Arrows Capital (3AC) in 2022.

James said DCG and Genesis made “false assurances” on social media that DCG had absorbed Genesis’ losses from 3AC’s implosion when, in fact, they had just papered over the hole with a promissory note, pleading to pay Genesis $1.1 billion over 10 years at a 1% interest rate. While DCG has adamantly maintained that the promissory note was legitimate, James’ suit claimed that DCG has “never made a single payment under the Note.”

While Gemini and Genesis both settled with the OAG, DCG, Silbert and Moro have fought them tooth and nail. Last spring, DCG and both executives filed motions to dismiss the suit, alleging that the Office of the Attorney General (OAG) had failed to state a claim — essentially arguing that they were not selling securities and thus should not be sued under New York State securities laws.

But the judge presiding over the case disagreed in her Friday ruling, writing that the OAG had, at least at the current stage of the case, adequately alleged that the Gemini Earn program — the now-defunct Gemini lending product that went belly-up in November 2022 and which sits at the center of James’ case — was a security.

Crane did, however, agree to toss out two of James’ claims against DCG, Moro and Silbert — one claim under New York’s Executive Law that they engaged in a scheme to defraud in the first degree, and another that they engaged in a conspiracy in the fifth degree — ruling that those claims were duplicative.

Though Crane ruled the case can proceed, DCG said it isn’t done fighting.

“As we have stated from the beginning, the allegations against DCG are a thin web of innuendo, mischaracterizations, and unsupported conclusions,” a spokesperson for DCG told CoinDesk. “We’re encouraged by the judge’s dismissal of the New York Attorney General’s most outrageous claims based on alleged violations of criminal fraud and conspiracy statutes. We will continue to fight this baseless lawsuit as we remain focused on our mission in support of the digital assets industry.





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Senate Dems Slam DOJ’s Decision to Axe Crypto Unit as a ‘Free Pass’ For Criminals

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U.S. Deputy Attorney General Todd Blanche is under fire from Senate Democrats following his recent decision to narrow the Department of Justice’s (DOJ) crypto enforcement priorities and disband its crypto enforcement squad.

In a Thursday letter to Blanche, six Senate Democrats — Sens. Mazie Hirono (D-Hawaii), Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.), Sheldon Whitehouse (D-R.I), Chris Coons (D-Del.) and Richard Blumenthal (D-Conn.) — blasted his decision to cut the National Cryptocurrency Enforcement Team (NCET) as “giv[ing] a free pass to cryptocurrency money launderers.”

The Senators called Blanche’s directive that DOJ staff no longer pursue cases against crypto exchanges, mixers or offline wallets “for the acts of their end users” or bring criminal charges for regulatory violations in cases involving crypto, including violations of the Bank Secrecy Act (BSA), “nonsensical.”

“By abdicating DOJ’s responsibility to enforce federal criminal law when violations involve digital assets, you are suggesting that virtual currency exchanges, mixers, and other entities dealing in digital assets need not fulfill their [anti-money laundering/countering the financing of terrorism] obligations, creating a systemic vulnerability in the digital assets sector,” the lawmakers wrote. “Drug traffickers, terrorists, fraudsters, and adversaries will exploit this vulnerability on a large scale.”

In his memo to DOJ staff on Monday evening, Blanche cited U.S. President Donald Trump’s January executive order on crypto, which promised to bring regulatory clarity to the crypto industry, as the reason for his decision.

“The Department of Justice is not a digital assets regulator,” Blanche wrote, adding that the agency will “no longer pursue litigation or enforcement actions that have the effect of superimposing regulatory frameworks on digital assets while President Trump’s actual regulators do this work outside the punitive criminal justice framework.”

Instead, Blanche urged DOJ staff to focus their enforcement efforts on prosecuting criminals who use “victimize digital asset investors” or those who use crypto in the furtherance of other criminal schemes, like organized crime, gang financing, and terrorism.

Read more: DOJ Axes Crypto Unit As Trump’s Regulatory Pullback Continues

For the Senate Democrats, however, Blanche’s claim doesn’t quite cut the mustard.

“You claim in your memo that DOJ will continue to prosecute those who use cryptocurrencies to perpetrate crimes. But allowing the entities that enable these crimes — such as cryptocurrency kiosk operators — to operate outside the federal regulatory framework without fear of prosecution will only result in more Americans being exploited,” the lawmakers wrote.

The lawmakers urged Blanche to reconsider his decision to dismantle NCET, calling it a “critical resource for state and local law enforcement who often lack the technical knowledge and skill to investigate cryptocurrency related crimes.”

New York Attorney General Letitia James raised similar concerns in her own letter to Congress on Thursday, urging lawmakers to pass federal legislation to regulate the crypto markets. Though her letter itself made no mention of Blanche’s memo or the shuttering of NCET, a press release from her office highlighted that her letter “comes after the [DOJ] announced the dismantling of federal criminal cryptocurrency fraud enforcement, making a robust regulatory framework all the more critical.”





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