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CFTC Wins Lawsuit Against Ooki DAO

The regulator’s victory serves as proof decentralized entities can face legal consequences for their dealings, contrary to popular beliefs.

A federal judge has sided with the U.S. Commodity Futures Trading Commission (CFTC) in a lawsuit alleging decentralized autonomous organization (DAO) Ooki DAO offered unregistered commodities, quashing an industry-wide perception that decentralized finance (DeFi) actors are immune to regulatory scrutiny.

U.S. District Judge William H. Orrick ruled on Thursday that Ooki DAO operated an illegal trading platform and unlawfully acted as an unregistered futures commission merchant (FCM), granting the CFTC a default judgment. He ordered the organization to pay $643,542 in penalty, to permanently cease its operations and shut down its website.

The original lawsuit, filed in the U.S. District Court for the Northern District of California last September, alleged the DAO offered “leveraged and margined” commodities transactions to retail customers and neglected to observe know-your-consumer laws while serving those traders.

In January, the CFTC requested a federal judge go ahead with a ruling that the DAO violated federal commodities laws after the DAO missed a deadline to respond to the lawsuit. A judge dismissed the request, however.

While Ooki DAO never formally responded to – or even acknowledged – the lawsuit, it did geofence the U.S. after the suit was filed.

Players in the decentralized finance (DeFI) space have long evaded the legal scrutiny faced by their centralized counterparts, but that could be changing. In March, a California court ruled bZx protocol and its token-holding community members’ were liable for losses resulting from an exploit that drained their DAO’s treasury. And, in April, the Securities Exchange Commission (SEC) subpoenaed SushiSwap Head Chef Jared Grey.

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Custodia’s Suit Against Fed Over Denial of Master Account Can Proceed, Court Rules

The crypto-friendly bank was also denied immediate membership with the Federal Reserve, with the court saying Custodia could pursue membership through other channels.

Custodia’s challenge of the Federal Reserve Bank of Kansas City’s decision to deny the crypto-friendly bank access to the Fed banking services can continue, a U.S. district court ruled Thursday, rejecting a Fed motion to dismiss the case.

The U.S. District Court of Wyoming, however, did reject Custodia’s request that the Fed be compelled to grant it a so-called master account and membership with the Fed, Instead, Custodia must continue its claims via normal channels.

“Custodia Bank will get its day in court,” Patrick Toomey, retired U.S. senator from Pennsylvania, tweeted about the decision on Friday afternoon. Toomey, along with the state of Wyoming, filed amicus briefs to support Custodia’s suit.

Even though the court declined to grant Wyoming-based Custodia’s request, it said that it was only rejecting the request because there was another avenue Custodia could pursue,

“Custodia has stated a plausible claim for relief … against FRBKC [Federal Reserve Bank of Kansas]. However, relief under the Mandamus Act is not available to Custodia against the Board of Directors because the APA (Administrative Procedure Act) provides an adequate remedy,” the ruling said.

The district court also said that if the Kansas City Fed had been alone in denying Custodia its master license, Custodia’s claim would fail. However, the court said Custodia’s claim that the Fed Board of Governors had weighed in on the decision was plausible.

“The alleged occurrence of certain events, and the timing of those events, plausibly suggest the Board of Governors had at least some hand in controlling the outcome of Custodia’s master account application,” the court wrote in its ruling.

In October 2020, Custodia applied to the Kansas City Fed for a master account. Without such an account, banks can’t offer the same services as institutions with such accounts. Then in August the next year, Custodia applied to the Fed Board of Governors for membership, which would subject the bank to the Fed’s oversight and regulations.

Eighteen months later, in January 2023, Custodia was rejected in every single category the Fed assesses, partly because of its crypto friendliness and part because it was a state-chartered bank, not a nationally chartered one.

In its rejection, the central bank claimed Custodia’s decision not to federally insure deposits and Custodia’s dependence on a vibrant crypto market made it a danger to itself and its customers.

SOL, ADA, MATIC Tokens Slide 20% in Sudden Move Days After SEC Lawsuit Allegations

Several tokens were alleged as securities earlier this week, leading to a possible risk-off among traders.

Tokens of major blockchain networks slid more than 20% in the past 24 hours amid a likely risk-off event days after 13 tokens were alleged as securities in a U.S. Securities and Exchange Commission (SEC) lawsuit against crypto exchanges Binance and Coinbase.

The bulk of these losses came in the wee hours of Saturday, data shows. Solana (SOL), polygon (MATIC) and cardano (ADA) fell as much as 25% within hours – leading some on Crypto Twitter to wonder if a major crypto fund sold their holdings amid rather illiquid market conditions.

Such moves pushed weekly declines for these tokens to as much as 34%, the data shows.

As such, major tokens such as bnb (BNB), dogecoin (DOGE), xrp (XRP) fell over 11%. Bitcoin (BTC) dropped 3.6% while ether (ETH) slid 4.5%.

Crypto-tracked futures saw nearly $300 million in liquidations in the early hours on Saturday, data from Coinglass show, exceeding the nine-month record liquidation figures from earlier this week.

Crypto liquidation refers to the process of forcibly closing a trader’s positions in the cryptocurrency market. It occurs when a trader’s margin account can no longer support their open positions due to significant losses or a lack of sufficient margin to meet the maintenance requirements.

Earlier this week, the SEC identified tokens issued by foundations and companies or tied to protocols Polygon (MATIC), Sandbox (SAND), Filecoin (FIL), Axie Infinity (AXS), Chiliz (CHZ), Flow (FLOW), Internet Computer (ICP), Near (NEAR), Voyager (VGX), Dash (DASH) and Nexo (NEXO) as securities.

This has led to some major retail trading avenues such as Robinhood to end support for tokens ADA, SOL and MATIC, likely as a response to the regulatory filings.

Millions in Polygon’s MATIC Tokens Were Sent to Binance and Coinbase Ahead of 30% Slide, Data Shows

“Altcoins can crash this weekend even more as trading volumes are thin and market makers such as Binance have become less active,” one crypto firm warned.

Millions worth of polygon (MATIC) appeared to be sent by key market makers Jump Trading and Cumberland to crypto exchanges on Friday night ahead of a nearly 30% drop, blockchain data shows.

Analytics firm Lookonchain said in multiple tweets on Saturday that Cumberland had deposited 9 million MATIC, worth over $6.3 million, to Binance and 5 million MATIC, worth $3.5 million, to Coinbase.

The firm added that another crypto wallet related to Cumberland, Jump Trading and Robinhood deposited a cumulative 9.4 million to crypto exchanges.

These deposits were likely sold on crypto exchanges amid an illiquid environment, contributing to a sudden price decline in MATIC tokens. Similar price movements were seen in cardano (ADA) and solana (SOL) tokens – which fell as much as 25% in the past 24 hours.

The tokens were likely impacted after being alleged as securities in multiple U.S. Securities and Exchange Commission (SEC) filings against crypto exchanges Binance and Coinbase earlier this week.

As such, crypto services firm Matrixport said in a note to CoinDesk that further selling of major tokens can be expected over the weekend.

“Altcoins can crash this weekend even more as trading volumes are thin and market makers such as Binance have become less active,” the firm said.

Omkar Godbole contributed reporting.

Binance’s Nigeria Unit Ordered to Halt ‘Illegal’ Operations by Securities Watchdog

The order against Binance Nigeria Limited follows U.S. SEC allegations that the exchange had violated federal securities laws.

Crypto exchange Binance’s Nigerian unit was ordered to immediately halt operations in the country by the local Securities and Exchange Commission, according to a Friday circular.

“Binance Nigeria Limited is neither registered nor regulated by the Commission and its operations in Nigeria are therefore illegal,” the notice said.

Nigeria’s order follows a lawsuit by the U.S. securities watchdog last Monday against the largest global crypto exchange by market capitalization, alleging it failed to register as a broker or exchange, and that it sold offered unregistered securities the general public.

Although Nigeria’s SEC had previously said it viewed all crypto assets to be securities by default, this appears to be the first action taken by the regulator against a major exchange platform. In May, Bloomberg reported the country’s SEC was processing crypto firms’ applications for registration on a trial basis but would not officially start registering them until it has reached an agreement with the country’s central bank.

Banks in the country are prohibited from offering services to crypto platforms.

“The Commission shall provide updates on further regulatory actions with respect to the activities of Binance Nigeria Limited, and other similar platforms and shall work with other regulators in Nigeria to provide further guidance on this matter,” Friday’s order said.

Bitcoin Dominance Surges, Accounting For Nearly Half of The $1T Crypto Market, Amid Altcoin Selloff

Bitcoin’s dominance rate neared the 50% mark early Saturday as altcoin crash triggered a flight to safety.

Bitcoin’s (BTC) dominance rate or share in the total crypto market capitalization rose early Saturday, nearing the 50% mark for the first time since April 2021, according to data tracked by charting platform TradingView.

The uptick came as alternative cryptocurrencies (altcoins) like SOL, MATIC, DOGE, and ADA suffered double-digit losses amid rumors of a $2 billion portfolio dump by a proprietary trading firm.

Meanwhile, bitcoin lost just 3%. The relative outperformance perhaps stemmed from increased haven demand – investors moving money out of altcoins and into bitcoin, the world’s largest and most liquid cryptocurrency.

“Bitcoin’s relative dominance mooning amid altcoin market sell-off. Flight to majors (1st stage before crashes occur),” pseudonymous crypto trader and analyst @52kskew tweeted.

BTC’s dominance rate has been steadily rising since November and surged during the March U.S. banking crisis. The indicator now looks to be breaking out of its three-year oscillation pattern, a sign of continued bitcoin outperformance in months ahead, according to Decentral Park Capital’s Lewis Harland.

Tether, the world’s largest dollar-pegged stablecoin, also likely benefitted from Saturday’s risk aversion. Its dominance rate jumped 5% to 7.82%, the highest since Jan. 8, TradingView data showed.

Robinhood Joins Coinbase in Saying It Tried to ‘Come In and Register’ Like SEC Wanted

The companies’ top lawyers testified in a House crypto hearing that they spent months trying to get the SEC to help them comply before being rebuffed.

With Coinbase (COIN) and Binance accused of running illegal exchanges by the U.S. Securities and Exchange Commission (SEC), the latest industry testimony in the U.S. House of Representatives this week revealed that companies had desperately sought the agency’s help to properly register but were turned away.

SEC Chair Gary Gensler has a go-to crypto invitation to the firms that are operating without the agency’s approval and oversight, which he’s repeated so often it’s become a messaging mantra: They just need to come in and register.

Robinhood Markets’ chief compliance lawyer told lawmakers that the popular trading firm was trying to register as a special-purpose broker for digital assets. Dan Gallagher, a former SEC commissioner who has spent a career in securities and corporate law, couldn’t get the agency to guide Robinhood into crypto compliance, though he said the staff seemed to want to help.

“When Chair Gensler at the SEC in 2021 said, ‘Come in and register,’ we did,” Gallagher said in his testimony. “We went through a 16-month process with the SEC staff trying to register a special purpose broker dealer. And then we were pretty summarily told in March that that process was over and we would not see any fruits of that effort.”

His story echoes longstanding complaints from Coinbase, whose top lawyer was also present at the House Agriculture Committee on Tuesday and is now facing an SEC lawsuit alleging his company offered unregistered securities and didn’t get approval as an exchange.

“When Coinbase has attempted to do just that, to talk about how we could register as a broker-dealer or an [alternative trading system] or even as a [national securities exchange] after months and months of discussion, we’re simply dismissed with no response or any counter proposal or ideas coming back from the SEC,” said Paul Grewal, Coinbase’s chief legal officer.

Gallagher said one of the regulator’s final sticking points for Robinhood was the lack of registration and disclosures from issuers of tokens that trade on the platform, and Gallagher argued there’s no way for his company to insist that outside issuers meet SEC demands.

Sen. Cynthia Lummnis (R-Wyo.) jumped into the debate with a tweet this week promoting her crypto bill: “The SEC has failed to provide a path for digital asset exchanges to register.”

The possible counterweight to this argument is the series of approvals of digital-assets broker-dealers by the Financial Industry Regulatory Authority (FINRA), an industry-funded oversight arm created by the SEC. The brokerages, including Prometheum Ember Capital LLC, Bosonic Securities and OTC Markets Group, are officially approved to trade crypto securities, a category of assets whose borders aren’t yet well defined. Meanwhile, the companies trying to navigate a path as compliant crypto firms haven’t yet demonstrated a fully formed business model.

In comments after his agency’s enforcement actions, Gensler now seems to suggest the U.S. “doesn’t need more digital currency,” and that the industry must fix its compliance problems or he foresees a possibility of it “collapsing like a house of cards.”

However, this compliance dispute is no longer in the hands of the industry or the SEC but will be decided in the courts.

“We have to go to court and really see, otherwise this industry is just not going to exist in the United States,” Coinbase CEO Brian Armstrong said in a CNBC interview on Wednesday.

Mercado Bitcoin, Brazil’s Largest Crypto Exchange, Receives License as a Payment Institution

The company plans to offer financial services that combine the potential of crypto with traditional financial services.

Mercado Bitcoin, Brazil’s largest crypto exchange, was licensed as a payment institution by Brazil’s central bank on Friday, Valor Economico newspaper reported.

The company is now authorized to operate as a payment institution, under the status of an electronic money issuer.

“The central bank’s approval is an important step, as it allows us to continue with our business expansion plans to offer an even more complete experience to our customers,” Roberto Dagnoni, CEO of Mercado Bitcoin, said in a statement.

Mercado Bitcoin already operates MB Pay, a digital account through which more than four million users can buy cryptocurrencies and invest in digital fixed income and different asset classes.

Dagnoni added that the exchange plans to offer financial services that combine the potential of crypto with traditional financial services, including a crypto payments card planned for the coming months.

Why Did Bitcoin’s Price Rise? BTC Hovers Over $27K as Investors Shrug Off Hot Jobs Data

Ether and other major cryptos spent much of the day in positive territory.

Bitcoin rose a little on Friday, but largely shrugged off an unexpectedly strong jobs report, along with a week’s worth of upset and uproar over the U.S. debt ceiling, end-game negotiations and renewed inflation concerns.

The largest cryptocurrency by market capitalization was recently trading at about $27,180, up 1.2%. BTC edged above $27,000 shortly before U.S. equity markets opened on Friday after spending much of the previous two days well below this threshold, a result largely of the sort of inflationary angst that has hobbled prices over the past 18 months.

“Bitcoin is holding steady after a busy week filled with a debt limit deal, a complicated jobs report that showed both robust hiring and surging layoffs, and as lawmakers inch towards figuring out how to regulate crypto,” Edward Moya, senior market analyst at foreign exchange market maker Oanda, wrote in an email, flagging recent discussion of a Securities Clarity Act that could clarify “if some tokens are unregistered securities.”

Ether was recently changing hands just over $1,905, up nearly 2% from Thursday, same time. The second largest crypto had spent much of the past seven days below this level as ETH investors also wrestled with macroeconomic headwinds.

Almost without exception, other major cryptos spent the day solidly in positive territory with ADA and SOL, the tokens of the Cardano and Solana smart contract platforms, recently rising more than 4% and 3.5%, respectively. Meanwhile, a bevy of small DeFi focused protocols were the big gainers of the past seven days, according to the CoinDesk Market Index, a measure of crypto markets overall performance, with Lido (LDO), Synapse (SYN), and PancakeSwap (CAKE), climbing 15%, 13%, and 12%, respectively. The CMI was recently up 1.6%.

Stocks jumped following the robust U.S. Labor Department report that showed the economy adding 339,000 jobs in May, about 75% more than economists forecast and also markedly higher than the 294,000 jobs added in April. The hot jobs data offered the latest evidence that the employment market remained tight, a sign that the economy isn’t done expanding and that inflation therefore will remain a concern. Yet a May unemployment rate of 3.7%, higher than the anticipated 3.5%, offered a more hopeful sign that the U.S. central bank may use to justify a halt to its steady diet of interest rate hikes. Rate increases have bedeviled crypto markets.

The tech-focused Nasdaq Composite and S&P 500, which has a strong technology component, spiked 1.4% and 1%, respectively. Safe-haven gold, which neared a record high less than a month ago, dropped 1.5% to trade at $1,965.

Oanda’s Moya said that the U.S. central banks suggested that the U.S. central bank faces a difficult decision on a June interest rate increase after indicating it was open to a stoppage and might be influenced by the upcoming Institute for Supply Management (ISM) and May Consumer Price Index releases.

“The Fed has almost locked themselves into a corner with a skip for the June meeting, but it should be very clear that they are not done raising rates,” Moya wrote, also noting that “that at the midpoint of the year, “this economy is not showing strong signs that the second half of the year recession is coming.”

Crypto.com Receives Digital Token License in Singapore

The exchange received in-principle approval in Singapore last June.

Cryptocurrency exchange Crypto.com has completed its licensing process in Singapore after having obtained in-principle approval in the city state last June.

Crypto.com has now received its Major Payment Institution (MPI) licence for Digital Payment Token (DPT) services from the Monetary Authority of Singapore (MAS), the exchange announced on Thursday.

The Singapore-based exchange’s CEO Kris Marszalek said: “The Monetary Authority of Singapore is recognized globally as a regulator that ensures responsible innovation of the digital assets sector.”

The MAS pledged to be “brutal and unrelentingly hard” on bad behavior in the crypto industry last year, firming its reputation as a regulator that sets a high bar for approving companies. Nevertheless, a number of prominent crypto companies, including Coinbase and Blockchain.com also received in-principle approval from the regulator in the last year.