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UNCHAINED: Are All Crypto Funds Basically Engaging in Illegal Activity Now?

CoinDesk Podcast Network

CoinDesk

News, Daily News, Tech News, Business News

4.7698 Ratings

🗓️ 6 September 2024

⏱️ 41 minutes

🧾️ Download transcript

Summary

Uniswap Labs and Galois Capital have settled with the CFTC and the SEC, respectively, but crypto lawyer Larry Florio says these small settlements could set bad precedents for the rest of the industry. The SEC and CFTC’s recent actions against Uniswap and Galois Capital could mark a turning point in crypto regulation. With both firms settling on relatively low fines, are we witnessing regulators establish precedent for a broader crackdown on the industry?  In this episode, Larry Florio, general counsel at 1kx, delves into the implications of these settlements, the frustrations asset managers face with regulatory compliance, and whether the SEC’s approach could push the crypto industry into a corner. Will these actions set a precedent for more aggressive enforcement ahead? Show highlights: Why the SEC's action against Galois Capital highlights a shift in language, focusing on tokens "offered and sold as securities" What a qualified custodian is and why the SEC's action against Galois punishes them for using FTX, which could have fit one definition of a qualified custodian if it hadn’t been perpetrating a fraud How the SEC demands crypto fund managers comply with regulations on qualified custodians while also limiting qualified custodians in crypto Whether the SEC is effectively banning crypto funds by requiring compliance with impossible rules How the SEC penalized Galois for giving affiliates better liquidity terms than outside investors How SEC Commissioner Mark Uyeda’s call for clarity on "crypto asset securities" reflects the industry’s frustration with the lack of clear guidelines from the SEC Why the CFTC's fine against Uniswap for alleged leveraged transactions may set a precedent for future enforcement actions How Commissioner Summer K. Mersinger's dissent highlights the unfairness of punishing Uniswap despite their proactive compliance, according to Larry Whether the New York Attorney General’s subpoenas to VCs about Uniswap signal a renewed adversarial approach to regulating DeFi The timing of these actions, along with the SEC’s Wells notice to OpenSea Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! iTrustCapital Polkadot Mantle Gemini Stellar Guest Larry Florio, general counsel at 1kx Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Transcript

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0:49.7

Thanks for listening to Unchained, your no-hype resource for all things crypto, on the Coin Desk

0:54.9

Podcast Network. You can also listen to the episodes on the Unchained feed earlier if you subscribe

1:00.5

there. Plus, check out all our content on our website, Unchained Crypto.com.

1:06.1

We are kind of getting caught in a trap here where we're required to comply with regulations,

1:12.0

but the regulator itself is making it nearly impossible to comply.

1:20.7

Hi, everyone. Welcome to Unchained. You're a no hype resource for all things crypto. I'm your

1:25.0

host, Laura Shin, author of The Cryptopians. I started

1:28.4

covering crypto nine years ago, and as a senior editor at Forbes, was the first Main Tree Meter

1:32.5

Porter to cover cryptocurrency full-time. This is the September 6th, 2024 episode of Unchained.

1:39.3

Where can you find $700 million in real-world assets, 11 million daily operations with industry low fees,

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powered by 450,000 plus on and off ramps across 180 countries, the stellar network.

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Today's episode is brought to you by Gemini, a U.S.-based crypto exchange built for new

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