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U.S. House Committee Leadership Threatens to Subpoena SEC Over FTX Documents

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In a dramatic turn of events on September 27, Rep. Patrick McHenry, the Chair of the United States House Financial Services Committee, hinted at the possibility of subpoenaing the Securities and Exchange Commission (SEC) over documents related to the former FTX CEO, Sam Bankman-Fried (SBF). This development stems from a protracted dispute that began in February when the committee initiated efforts to obtain communication records between the SEC and the Justice Department regarding the arrest of SBF.

McHenry did not mince words during a hearing focused on oversight of the SEC, alleging that SEC Chair Gary Gensler had taken actions to stifle the digital asset ecosystem. He also accused the SEC of refusing to be transparent with Congress regarding the connections between the commission, FTX, and SBF. McHenry pointed out that the committee had requested documents about the timing of SBF’s arrest, considering his previously scheduled appearance before Congress.

The Committee Chair expressed frustration, stating, “Seven months later, the committee has not received a non-public document that was not part of a [Freedom of Information Act] production. As I said, our patience is wearing thin… I do not want to be the first chairman of this committee to issue a subpoena to the Securities and Exchange Commission.”

This dispute dates back to February when the committee, under McHenry’s leadership, initially requested the SEC to provide documents related to communications between its staff and the Justice Department regarding charges filed against Bankman-Fried. McHenry reiterated this request in April and May, alleging that the SEC had only provided publicly available information.

While McHenry’s opening statement at the hearing primarily focused on digital assets and oversight, ranking member Maxine Waters expressed concerns about how a potential U.S. government shutdown could impact the SEC’s operations. Chair Gensler informed the committee that if lawmakers failed to reach an agreement on government spending by September 30, approximately 92-93% of SEC staff would be furloughed.

During questioning by McHenry, Gensler provided a notable statement regarding Bitcoin, asserting that it is “not a security” as it does not meet the Howey test’s criteria for an investment contract. This statement appeared to affirm Gensler’s position on Bitcoin, which he previously articulated during his time as a professor at the Massachusetts Institute of Technology in 2018.

Also Read: South Korean Crypto Exchange Executives Jailed for Bribes and Altcoin Price Manipulation

The ongoing standoff between the House Financial Services Committee and the SEC over FTX-related documents highlights the growing scrutiny and regulatory challenges surrounding the cryptocurrency and digital asset space. As tensions escalate, the possibility of a subpoena hangs in the balance, raising questions about the future of regulatory oversight in the digital asset industry.

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Blockchain

Bitcoin ETFs Witness Surge in Trading Activity as SEC Approves 11 Products

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In a significant development for the cryptocurrency industry, the U.S. Securities and Exchange Commission (SEC) recently approved 11 spot Bitcoin exchange-traded funds (ETFs). This approval comes after a decade-long struggle between regulators and the digital asset industry, marking a watershed moment for the acceptance of digital assets as mainstream investments. Among the approved ETFs are BlackRock’s iShares Bitcoin Trust, Grayscale Bitcoin Trust, and ARK 21Shares Bitcoin ETF.

Unprecedented Inflows:

On the first day of trading, these ETFs saw impressive activity, with $4.6 billion worth of shares changing hands across all the products, according to LSEG data. Bitwise, a crypto asset manager, reported that its spot Bitcoin ETF alone attracted $240 million, making it the most popular among the newly introduced products. Grayscale, BlackRock, and Fidelity dominated total trading activity, according to the LSEG data.

Also Read: Grayscale Court Decision Crucial in SEC’s Approval of Bitcoin ETFs, Says Chairman Gary Gensler

Bitwise’s Chief Investment Officer, Matt Hougan, expressed optimism about the future, stating, “We think that this will become a market measured in the tens of billions of dollars.” This surge in interest highlights a growing acceptance of Bitcoin and other cryptocurrencies among traditional investors.

Competition and Fee Wars:

The SEC’s approval has sparked intense competition among issuers to gain market share. Franklin Templeton, reacting swiftly, slashed the fee for its Bitcoin ETF to 0.19 percent, the lowest in the market. Additionally, the company waived fees entirely on the product’s first $10 billion in assets under management until August. Valkyrie, another player in the space, reduced its fees to 0.25 percent after its ETF started trading. This fee war is indicative of the fierce competition among ETF issuers to attract investor capital.

Grayscale’s Transition to ETF:

Grayscale, a prominent player in the cryptocurrency investment space, received approval to convert its existing Bitcoin trust into an ETF. This move instantly made it the world’s largest Bitcoin ETF, managing over $28.6 billion in assets. Despite this success, the ETF experienced outflows of $95 million on the first day of trading. The ability of Grayscale to navigate this transition will be closely watched, as it sets a precedent for other trusts considering a similar shift.

Regulatory Caution:

While the SEC’s approval is a significant step forward, it is important to note that SEC Chair Gary Gensler emphasized that the decision should not be interpreted as an endorsement of Bitcoin. Gensler referred to Bitcoin as a “speculative, volatile asset,” highlighting ongoing concerns about investor protection. The regulatory nod indicates a willingness to explore the potential of digital assets, but caution is warranted as the market continues to evolve.

Conclusion:

The approval of 11 spot Bitcoin ETFs by the SEC marks a turning point for the cryptocurrency industry. The influx of billions of dollars within the first day of trading demonstrates a growing acceptance of digital assets among traditional investors. The fee wars among ETF issuers and Grayscale’s transition into an ETF further highlight the competitive dynamics and challenges in the market. As the cryptocurrency market matures, ongoing regulatory scrutiny and investor sentiment will play crucial roles in shaping the future of these innovative financial products.

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Cryptocurrency

Grayscale Court Decision Crucial in SEC’s Approval of Bitcoin ETFs, Says Chairman Gary Gensler

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In a significant shift in approach, the United States Securities and Exchange Commission (SEC) Chairman, Gary Gensler, attributed the recent approval of spot Bitcoin exchange-traded funds (ETFs) to a pivotal court decision involving asset manager Grayscale.

The SEC, which had consistently denied applications for similar products since 2013, saw a change in perspective following Grayscale’s legal victory in August 2023. Gensler, in an interview with CNBC’s Squawk Box, acknowledged the impact of the court decision, stating, “We had disapproved a number of these [applications for a spot Bitcoin ETF] over the years, and something had changed.”

Emphasizing the importance of the rule of law, Gensler noted, “I’m a deep believer in the rule of law and respect for the courts, and taking a new court decision into consideration, we move forward. I think this is the most sustainable path forward.”

However, Gensler clarified that the SEC’s approval did not equate to an endorsement of Bitcoin. “We do not endorse [Bitcoin],” he reiterated.

The legal battle began when the SEC denied Grayscale’s application for the conversion of its Grayscale Bitcoin Trust (GBTC) into a spot Bitcoin ETF in June 2022. The rejection was based on the claim that the product was not “designed to prevent fraudulent and manipulative acts and practices.” Grayscale, in response, filed a petition for review with the United States Court of Appeals for the District of Columbia Circuit, leading to a significant victory on August 29, 2023. The court ruled in favor of Grayscale, deeming the SEC’s legal grounds insufficient and ordering a review of the case.

The SEC’s approval subsequently paved the way for 10 ETFs holding Bitcoin as their underlying asset on January 10, 2024. The inaugural trading session witnessed notable activity, with Grayscale’s GBTC contributing to almost half of the overall $4.5 billion trade volume on the day, totaling $2.3 billion, according to data from Yahoo Finance.

BlackRock’s iShares Bitcoin Trust (IBIT) secured the second spot with a trading volume of around $1 billion. BlackRock CEO Larry Fink, also speaking with CNBC’s Squawk Box, expressed his belief in cryptocurrency as an asset class rather than a currency.

The approval of Bitcoin ETFs marks a significant development in the crypto investment landscape, signaling a new era for institutional investors and potentially fostering greater acceptance of digital assets within traditional financial markets.

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Blockchain

Rising Threat: Crypto ‘Drainers’ Exploit Unsuspecting Investors, Robbing Millions

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In the dynamic world of cryptocurrencies, innovation is not confined to legitimate advancements. The ever-evolving crypto sector, currently boasting a market cap of $1.66 trillion, has unfortunately become a hotspot for cybercriminals utilizing new tools and applications to exploit vulnerabilities in crypto protocols. One such ominous tool making headlines is the ‘drainer,’ a malicious smart contract designed to infiltrate crypto wallets and steal digital assets. Recent reports reveal a concerning surge in drainer-related incidents, with over ten thousand phishing websites identified, and the tool being promoted through advertisements on Google and other platforms.

The Modus Operandi of ‘Drainers’

A ‘drainer’ is essentially a smart contract embedded with malicious coding, strategically targeting vulnerabilities in crypto protocols. Acting as a comprehensive suite for phishing, these tools provide cybercriminals with surreptitious access to their target’s crypto wallet. The deceptive nature of drainers lies in their camouflage within seemingly legitimate phishing websites. When unsuspecting members of the crypto community click on these deceptive websites, drainers gain access to the victim’s crypto wallet linked to their identity.

Once inside, cybercriminals can initiate unauthorized transactions, siphoning off the victim’s digital assets to other wallets under their control. This insidious method has reportedly enabled hackers to victimize 63,210 individuals, resulting in a staggering stolen wealth of $59 million between March and November of the current year.

The Proliferation of ‘MS Drainer’ and Its Implications

The infamous ‘MS Drainer’ has been identified as the weapon of choice for these cyber attackers, with over ten thousand phishing websites deploying it to exploit unsuspecting victims. What’s more alarming is the use of popular advertising platforms like Google and X to promote these malicious tools. Reports indicate that advertisements related to these drainers are surfacing under various crypto-related keywords on Google, while on X, users are being lured through fake NFT and token drop announcements.

Also Read: Base Network Sees Steady Growth, Surpasses $735 Million in Total Value Locked

The source code for crafting these drainer toolkits is reportedly being sold for $1,500 by an individual using the aliases ‘Pakulichev’ or ‘PhishLab,’ further highlighting the organized nature of these cyber threats. The sale of such toolkits makes it easier for less experienced hackers to participate in these nefarious activities, amplifying the overall risk to the crypto community.

Advertisements to Beware Of

Crypto enthusiasts need to exercise caution when encountering advertisements on Google and X, as these may be concealed phishing websites. On Google, deceptive ads could be associated with keywords such as Zapper, Lido, Stargate, Defillama, Orbiter Finance, and Radiant. On X, the situation is even more precarious, with drainer ads exploiting fake NFT and token drop announcements to entice users.

Despite repeated warnings and reports, major tech giants like Google and X have been slow to mitigate the presence of malicious crypto ads on their platforms. In April of this year, ScamSniffer, a cybersecurity service, revealed that crypto investors had already lost up to $4 million by engaging with hoax links scattered across the web, extracted from analyzing Google Ads data.

Conclusion: Safeguarding the Crypto Community

As the crypto sector continues to flourish, it becomes imperative for industry stakeholders, tech giants, and users alike to collaborate in implementing robust security measures. The rise of drainers and other sophisticated cyber threats underscores the need for heightened awareness, education, and proactive security measures within the crypto community. It is essential for platforms and users to remain vigilant, employ cybersecurity best practices, and stay informed about emerging threats to ensure the continued growth and security of the crypto ecosystem.

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