Customers and creditors of Voyager Digital Holdings face a deadline to file official “proofs of claim” setting forth the amounts they assert that Voyager owes them. The deadline is 5:00 p.m. ET on October 3, 2022. Information regarding the deadline, filing requirements, and procedures is available in the bankruptcy court’s order that established the deadline.

Continue Reading Voyager Creditors—Deadline Set for Filing Bankruptcy Proofs of Claim

The Voyager Digital Holdings bankruptcy cases, along with the Celsius Network cases, provide a unique opportunity for parties to acquire assets and/or operations of each company. The bankruptcy court approved bidding procedures in an order issued in the Voyager cases that outlines the entire process and steps to be followed by anyone interested in submitting a bid. 

In the Celsius Network case, the bankruptcy court hearing on August 8 will consider the Celsius motion to establish a very similar process that will trail Voyager’s sale process by approximately one month.

Continue Reading Voyager, Celsius, and Possible Bidding Opportunities

Non-fungible tokens have been widely adopted across a variety of industries. The fast-developing NFT ecosystem of technical and commercial innovation is aimed at the promise of bridging physical world concepts of uniqueness and scarcity with the digital world. As with all forms of technical innovation, NFTs pose unique legal challenges to participants in this ecosystem. In this white paper, we explore this groundbreaking technology by providing an overview of NFTs from a commercial and technical perspective and addressing various legal considerations.

Weekly Blockchain Focus

  • Zelenskyy Signs Virtual Assets Bill Into Law, Legalizing Crypto in Ukraine
  • Japan Sets Penalties on Crypto Exchanges in Case of Violations of Sanctions on Russia
  • SEC Rejects Spot Bitcoin ETF Proposals From NYDIG, Global X
  • Bipartisan Praise for Biden’s Executive Order on Crypto
  • Crypto Apps break 100M Downloads in Fourth Quarter
  • EU Parliament Committee Votes Against Proof-of-Work Ban and Supports Alternative Amendment on Crypto Assets

Further Reading

  • Andreessen Horowitz Hires Michele Korver, Former FinCEN Chief Currency Advisor
  • CNBC: Senate Banking Committee holds hearing on crypto and illicit finance
  • The Block: ConsenSys raises $450 million Series D at $7 billion valuation
  • The Washington Post: Sarah Bloom Raskin withdraws nomination for Fed vice chair for supervision

Continue Reading Blockchain Week in Review: Week of March 28, 2022

Weekly Fintech Focus

  • Treasury Releases National Risk Assessments
  • SEC Probing NFT Market
  • Russia/Ukraine Sanctions Overview
  • Summary of Industry Responses
  • BitConnect Founder Flees India After Being Indicted In $2B Ponzi Scheme
  • UK Government to Crackdown on Illegal Cryptocurrency Activity
  • Swiss City of Lugano to Make Bitcoin and Tether ‘De Facto’ Legal Tender

Continue Reading Blockchain Week in Review: Week of February 28, 2022

Blockchain Week In Review

United States

IRS offers Tennessee couple tax refund over unsold staking rewards

Last week, in a closely watched federal court case in the U.S. District Court for the Middle District of Tennessee, the IRS offered a taxpayer who had paid tax on staking rewards a refund, but the taxpayer has reportedly rejected the offer.

The plaintiff, Joshua Jarrett, obtained certain cryptocurrency tokens by staking in 2019 and paid taxes on 8,876 tokens within the Tezos blockchain. “Staking” is a way of earning rewards for holding certain cryptocurrencies. It is a process of actively participating in transaction validation (similar to mining), and by verifying transactions in a blockchain network, the staker can earn passive income. Jarrett staked the 8,000 tokens and did not sell them through 2020. After paying income taxes on the tokens he staked, he sought a refund from the IRS, but the agency declined his request. Jarrett then decided to pursue his case in federal court, filing a complaint on May 26, 2021. The question before the district court was whether the receipt of staking rewards generates taxable income at the date the rewards are received. Jarrett argued that the government didn’t have the right to tax tokens he staked before the tokens were sold or exchanged. In court filings, Jarrett analogized his position to that of a baker who bakes a cake or an author who writes a novel before the baker or the author actually sells their creations.

On February 3rd, it was reported that the IRS offered to refund Jarrett’s money for the taxes paid on the staking rewards, but Jarrett rejected the offer. Unless a judge finally rules on whether tokens obtained in staking constitute taxable income, the matter may remain unsolved for other stakers in the future. Although a judicial opinion in this case may provide some much-needed clarity for stakers, the case could take years to litigate and is only binding precedent for taxpayers in the Middle District of Tennessee.

A trial is set for March 2023. The case is Jarrett v. United States, Case No. 3:21-cv-00419 (M.D. Tenn.).

Recent letters exchanged between Jarret’s counsel and the IRS can be found here.

The complaint can be read here.

Continue Reading Blockchain Week in Review: Week of February 11, 2022

Perkins Coie LLP is pleased to bring you this updated Digital Asset SEC Timeline.

The Digital Asset SEC Timeline serves as an interactive compilation of select SEC guidance, enforcement actions, and speeches relating to the application of the federal securities laws to digital assets. Beginning with the release of the DAO Investigative Report in July 2017, the Timeline includes relevant information for analyzing the offering, issuance, and trading of certain digital assets in the context of the federal securities laws.

This Timeline is meant to be a resource for those following SEC actions and guidance related to digital assets and to assist experienced securities counsel in assessing the applicability of the federal securities laws. The Timeline is for informational purposes only and does not constitute legal advice. If you are, or are planning to engage in transactions involving digital assets, you may want to contact experienced securities counsel.

Information in the Timeline is provided “as-is,” and may not reflect the latest guidance from the SEC and/or other federal or state regulatory authorities. The Timeline contains links to third-party websites. Such links are only for the convenience of the reader or user. Use of and access to the Timeline, including the links contained within the Timeline, do not create an attorney-client relationship with Perkins Coie LLP.

Weekly Fintech Focus

  • U.S. Congress to Hold Oversight Hearing on the Mining of Cryptocurrency
  • NY DFS to Hire New Deputy Superintendent
  • Recent Federal Regulator Announcements Signal Changes in Senior Leadership at the SEC, CFTC, and FDIC
  • CFTC Fines Crypto Betting Service Polymarket $1.4M for Unregistered Swaps
  • Australian Open Offers NFT Sales Alongside 2022 Tournament
  • ESMA Releases Request for Evidence Regarding Regulation on Distributed Ledger Technology

Continue Reading Virtual Currency Legal Report: Week of January 7, 2022

Weekly Blockchain Focus

  • Senate Holds Hearing on Stablecoins
  • Senate Confirms New Commodities Futures Trading Commission Chair
  • U.S. National Credit Union Administration Clarifies Ability of Federally Insured Credit Unions to Partner With Third-Party Digital Asset Service Providers
  • IRS Revises Language on Form 1040
  • Ninety Percent of Bitcoin’s Total Supply Mined
  • Chinese Court Declares Mining Contract Void

Continue Reading Blockchain Legal Report: Week of December 17, 2021

Weekly Blockchain Focus

  • Securities and Exchange Commission announces judgments entered against BitConnect’s lead national promoter
  • Commissioner Stump calls for clarity before bringing any more enforcement actions
  • Cryptocurrency CEOs speak to the House Committee on Financial Services
  • Gibraltar to use blockchain for digital identification
  • India to ban cryptocurrencies as a form of payment
  • Bank for International Settlements discusses decentralized finance in its quarterly report

  Continue Reading Blockchain Week in Review: Week of December 10, 2021