Gurbir Grewal, director of the United States Securities and Exchange Commission (SEC) division of enforcement, has reportedly said the entire crypto industry was “built around noncompliance,” leading to enforcement actions.
According to a June 16 Reuters report, Grewal spoke at an event hosted by law firm Lowenstein Sandler and Rutgers University Law School in New York, which also featured Coinbase chief policy officer Faryar Shirzad. The SEC enforcement director reportedly said the commission had worked “thoughtfully and incrementally” for actions related to the crypto space, but this approach had failed to address what the regulator considered unregistered securities offerings.
“Even if you came up with a bespoke rule set, you have an entire industry where the ethos is built around noncompliance,” said Grewal. “Typically, you’d also see compliance, but we’re not seeing that in this space, so we had to change strategies.”
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The SEC and Coinbase — along with many other exchanges, including Binance — have been at odds since the commission issued a Wells notice to the crypto firm in March. Coinbase followed in May with a reply to its previously filed writ of mandamus in an effort to have the SEC provide clear rules of the road for digital assets. The SEC responded with its own lawsuit against the crypto exchange on June 6, naming several tokens as unregistered securities.
The outcome of the case could have far-reaching implications for crypto firms seeking to legally operate in the United States. Lawmakers on the House Financial Services Committee have scheduled a June 22 hearing to discuss oversight of the SEC.
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Financial circles are buzzing with the news that BlackRock, the world’s largest asset manager, is considering applying for a Bitcoin Exchange Traded Fund (ETF). This development signifies a substantial move by one of the most influential financial institutions into the world of cryptocurrencies.
The anticipation is growing amid revelations that BlackRock plans to use Coinbase Custody for the ETF, alongside the crypto exchange’s spot market data for pricing. This alliance represents a significant step in legitimizing cryptocurrencies in traditional finance.
Notably, Bitcoin (BTC) and Coinbase (COIN) have not reacted to the news but have only continued to dwell in red, with both assets down 3.9% and 2.81%, respectively, in the past 24 hours.
BlackRock’s Foray Into Crypto
The move marks a continuation of the collaboration that started last year when BlackRock partnered with Coinbase to offer crypto directly to institutional investors.
As of yet, the specifics about the nature of the ETF – whether it will be spot or futures – remain undisclosed. Notably, The Securities and Exchange Commission (SEC), responsible for regulating ETFs in the U.S., has previously turned down every application for a spot Bitcoin ETF.
However, several Bitcoin futures ETFs have gained the regulatory body’s approval for trading, indicating a gradually warming stance towards cryptocurrencies.
Potential Impact On Bitcoin Price
The news of BlackRock’s potential Bitcoin ETF could significantly affect BTC’s price. Creating such an ETF would allow a broader spectrum of investors to gain exposure to Bitcoin, possibly driving up demand and its price.
ETFs make it easy for institutional investors to gain exposure to Bitcoin, opening up a substantial new demand avenue. Analyst crypto Daan Crypto reported that Bitcoin had recorded a strong spot bid on Binance in the past few hours – a move that has not been seen for the past few days.
According to the trader, Bitcoin’s local bottom is more likely in if the asset continues to the downside in the coming days. At the time of writing, BTC currently trades at $24,977, down by nearly 4%. Its trading volume has also spiked over the past 7 days indicating massive trading activity.
Bitcoin (BTC)’s price moving closer to the marked support (order block) on the 4-hour chart. Source: BTC/USD on TradingView.com
Notably, from a technical perspective, BTC could still be prone to a continuous downtrend, given that the asset hasn’t hit major support, which can be found in the order block at $24,500.
Furthermore, the association with BlackRock, a globally recognized asset management name, could lend credibility and legitimacy to Bitcoin. This increased trust could lead to greater adoption rates and an upward price trajectory for Bitcoin in the long run.
As observed in the past, any positive development or news about BTC ETFs has often led to a spike in Bitcoin’s price due to increased demand from retail and institutional investors.
Featured image from iStock, Chart from TradingView
So far, the supply of Bitcoin (BTC) held on exchanges has recently seen a significant decrease, reaching levels last observed in February 2018. This trend underscores a developing pattern in the crypto market – traders and investors preferring to secure their digital assets outside of these platforms.
Data from the blockchain intelligence firm, Santiment, confirms this trend, as reported in a recent tweet. It revealed that the decline in Bitcoin’s supply on exchanges could be attributed to the prevailing uncertainty associated with the legal actions taken by the Securities and Exchange Commission (SEC) against cryptocurrency giants, Binance and Coinbase.
Regulatory Tensions Drive Bitcoin Off Exchanges
According to Santiment, the ongoing SEC lawsuits against major exchange platforms have prompted a shift in the dynamics of Bitcoin storage. The firm maintains that as long as these lawsuits persist, Bitcoin holders will continue to seek safer self-custody options, minimizing their reliance on exchange platforms.
As Santiment pointed out:
Bitcoin’s exchange supply has now fallen to its lowest level since February 2018. Traders continue moving BTC to self-custody during the uncertainty surrounding Binance and Coinbase. As long as these SEC lawsuits loom, this trend should continue.
Notably, the latest reports reveal that Amy Berman Jackson, a District Judge in the United States, has instructed the Securities and Exchange Commission (SEC) and Binance.US to find common ground concerning the original order to freeze the exchange’s assets.
Highlighting the broader implications of an outright shutdown, Jackson noted in a hearing on June 13:
A total shutdown would yield considerable repercussions, not only for the firm but also for the overall digital asset market.
Thus far, it appears both parties are willing to collaborate on a plan that could enable the exchange to evade the comprehensive freezing of its assets.
Market Reactions Amid Ongoing Litigation
While the legal issues unfold, the crypto market has not remained untouched. At the time of writing, Bitcoin was trading at $25,990, marking a modest drop of 0.5% in the last 24 hours and a further plunge of 3.1% in the past seven days.
BTC’s price moving sideways on the 4-hour chart. Source: BTC/USD on TradingView.com
Bitcoin’s trading volume has also recorded a significant plunge from $23.6 billion last Wednesday to $9.1 billion in the past 24 hours indicating less trading activity. The asset’s market capitalization has seen a more than $10 billion loss in the past week, causing BTC’s market cap has plummeted from $518 billion last Wednesday to $503 billion as of today.
Furthermore, the litigation cloud hanging over the crypto giants represents more than a fleeting problem for the crypto industry. It introduces a level of uncertainty that could disrupt the usual flow of operations and, as it is being witnessed, influence the way Bitcoin is stored.
Nonetheless, despite these challenges, the tenacity of Bitcoin holders in securing their assets exhibits the resilience of the cryptocurrency industry. As the market navigates the ever-evolving regulatory landscape, market dynamics such as these provide crucial insights into the coping mechanisms adopted by traders and investors.
Featured image from iStock, Chart from TradingView
The United States securities regulator has asked for four more months to provide a response to Coinbase’s request for crypto regulatory clarity.
In a June 13 letter submitted to the U.S. Court of Appeals for the Third Circuit, the Securities and Exchange Commission (SEC) said it needs an additional 120 days to reply to Coinbase’s request that it adopt new rules and provide further clarity on the laws governing crypto.
The letter was in response to the court’s June 6 order to the SEC which asked the regulator to address if it’s denying the rulemaking or if it needs more time to respond.
The SEC said it “has not decided what action to take on that petition in whole or in part” and claimed Coinbase’s request for a writ of mandamus has “no merit.”
The regulator claimed that the mandamus petition “should be denied” but anticipated it would be able to make a recommendation on Coinbase’s petition for rulemaking “within the next 120 days.”
In response to the letter, Coinbase chief legal officer Paul Grewal informed his 40,000 Twitter followers that the SEC had repeated the “fallacy” that it was yet to decide on any new regulation.
Related: Hinman documents suggest SEC is the wrong agency to govern digital assets, crypto lawyer says
He added the letter ignored clear statements from SEC chair Gary Gensler that the SEC has “no intent to issue new rules.”
“[The SEC] instead conflate the evidence of a decision those statements provide with an argument that the statements are themselves a decision,” Grewal said.
4) they ignore the clear statements of the Chair that confirm they have no intent to issue new rules, and instead conflate the evidence of a decision those statements provide with an argument that the statements are themselves a decision. 3/5
“They refuse to commit to any deadline despite the Court’s explicit order,” Grewal added.
The court’s order to the SEC came the same day the regulator sued Coinbase for offering unregistered securities and operating an unregistered securities exchange.
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