Weekly Focus

  • Congress Circulates Draft Legislations Calling For a “Digital Dollar” Payment System
  • CFTC Issues a Final Interpretive Guidance on Actual Delivery of Digital Assets
  • Digital Dollar Foundation Adds Several Former Government Officials to its Board
  • DHS and Several States Deem Certain Blockchain Managers as Essential
  • CFTC issues an Advisory Warning of Increased Fraudulent Schemes During COVID-19
  • SEC Obtains Injunctive Relief Against Telegram, Telegram Appeals
  • SEC Charges Former State Senator with Fraudulent Digital Asset Offering
  • KIK and SEC Seek Summary Judgement in SEC v. Kik Interactive Inc.
  • IOSCO Issues its Public Report on Global Stablecoin Initiatives

Continue Reading Blockchain Week in Review: Week of March 27, 2020

U.S. Developments

Federal Reserve Governor Speaks on Stablecoins and Related Risks

On December 18, 2019, Governor Lael Brainard of the U.S. Federal Reserve delivered a speech entitled “Update on Digital Currencies, Stablecoins, and the Challenges Ahead.” In her prepared remarks, the governor discussed “global stablecoins” and their scalability potential. Comparing the rate of adoption for telephones, the internet, and payment processors (such as Venmo and other digital payment systems), the governor noted the “potential for ‘global stablecoins’ to scale rapidly,” especially when deployed by technology companies with “network advantages.”

Without the “requisite safeguards,” stablecoins could pose risks to consumers that regulators should carefully consider, according to the governor. Using Libra as an example, Brainard went on to discuss various “significant concerns,” such as anti-money laundering, counterterrorist financing, know-your-customer, financial stability, and other issues that she believes stablecoins raise.
Continue Reading Blockchain Week in Review: Week of December 20, 2019

U.S. Developments

U.S. Federal Regulatory Developments

CFTC, FinCEN, and SEC Leaders Release a Join Statement on Digital Assets

On October 11, 2019, the heads of the Commodity Futures Trading Commission (“CFTC”), Securities and Exchange Commission (“SEC”) and Financial Crimes Enforcement Network (“FinCEN”) issued a joint statement reminding those involved with digital assets about their obligations to protect against money laundering and terrorist financing, as required by the Bank Secrecy Act (“BSA”). The statement clarifies that AML/CFT regulations apply to “financial institutions” as defined under the BSA and includes certain introducing brokers, broker-dealers, money services businesses, and SEC-registered mutual funds. Financial institutions under the BSA definition must, among other things, establish and implement anti-money laundering programs and certain recordkeeping and reporting programs, according to the statement.
Continue Reading Blockchain Week in Review: Week of October 11, 2019