SEC Chair Gensler Advocates for Transparency in Crypto Markets

Gary Gensler, Chair of the Securities and Exchange Commission (SEC), reiterated his stance on the need for transparency in the crypto markets, suggesting they could benefit from some “disinfectant.”

Speaking at the Columbia Law School conference on Friday, Gensler emphasized the importance of disclosures in financial markets, including those related to climate and cyber risks. He argued that disclosures contribute to more efficient markets and safeguard investors’ interests.

In his prepared remarks, Gensler pointed out that some participants in crypto securities markets seek to evade registration requirements, resulting in a lack of mandatory disclosure. He suggested that introducing more transparency could improve the integrity of the crypto markets.

Gensler has consistently stressed that crypto firms must adhere to the same regulatory standards as traditional financial institutions. Over the past year, the SEC has taken action against platforms like Coinbase and Kraken for allegedly operating without proper registration.

The SEC’s recent focus on disclosures extends beyond crypto, with Gensler highlighting the importance of disclosures related to executive compensation, climate risks, and cyber risks. Earlier this month, the SEC voted to adopt rules requiring companies to disclose climate-related risks.

During a question and answer session, Gensler emphasized the role of both the SEC and the Commodity Futures Trading Commission (CFTC) in regulating crypto. He acknowledged that the agencies have different perspectives on whether certain cryptocurrencies, like ether, should be classified as securities or commodities.

While there appears to be some disagreement between the SEC and the CFTC regarding the classification of ether, Gensler and CFTC Chair Behnam maintain regular communication to ensure effective regulation. Behnam has stated that ether is a commodity, while the SEC’s stance on the matter remains less clear.

Behnam has also raised concerns that conflicting classifications could create compliance challenges for market participants. If the SEC were to classify ether as a security, it would potentially conflict with CFTC regulations, impacting registrants who list ether as a futures contract.

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Galaxy’s Thorn: Approval of Spot Ethereum ETF in May Unlikely

Alex Thorn, head of firmwide research at Galaxy Digital, suggests that the approval of spot Ethereum exchange-traded funds (ETFs) in May is now highly doubtful. Recent developments, including SEC subpoenas and a lack of engagement, contribute to this skepticism, Thorn stated in a note on Friday.

Reports indicating that the Securities and Exchange Commission (SEC) has issued subpoenas to crypto firms regarding their ties to the Ethereum Foundation, combined with the SEC’s apparent disinterest in engaging with ETF applicants just two months before the initial deadline, have raised significant doubts about approval in May, according to Thorn.

Fortune’s recent report highlights the SEC’s active legal efforts to classify ether (ETH) as a security, citing subpoenas received by U.S. companies as part of an investigation. Additionally, The Block reported that the Ethereum Foundation received a confidential inquiry from a state authority, leading to the removal of the “warrant canary” from its website.

Thorn, a former Fidelity Investments veteran, speculates that the SEC’s interest in crypto firms’ interactions with the Ethereum Foundation may involve investigating whether Ethereum’s initial coin offering (ICO) in 2014 constituted an unregistered securities offering. He suggests that while the SEC may differentiate between the ICO and the current secondary trading of ETH, any enforcement action against the Ethereum Foundation after almost a decade would be highly irregular.

SEC Chairman Gary Gensler has declined to comment on whether the agency considers ETH a security. However, the SEC reportedly views Ethereum’s 2022 “Merge” upgrade as potentially strengthening the argument that ETH is a security due to the network’s transition to proof-of-stake. Despite this, the SEC permitted the launch of several futures-based Ethereum ETFs in 2023, a year after Ethereum transitioned to PoS.

Thorn argues that if the SEC pursues allegations of securities violations against ETH or the Ethereum Foundation, it would tread on uncertain legal ground and potentially impact an industry that has existed for over a decade.

This perspective aligns with market experts’ doubts about the approval of a spot Ethereum ETF by May. Bitwise CIO Matt Hougan has suggested that delaying approval could be advantageous, allowing Wall Street to digest spot bitcoin ETFs before focusing on new ones. He believes that a later approval might attract even more assets.

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Anthropic Seeks Buyer for FTX Stake, Excludes Saudi Investors 

Artificial intelligence startup Anthropic, a competitor of OpenAI, seeks to divest shares previously held by the now-defunct crypto exchange FTX. However, reports indicate that Saudi Arabian investors are not being entertained as potential buyers, as per anonymous sources.

Anthropic currently possesses an 8% stake from FTX, valued at over $1 billion. CNBC’s report, relying on undisclosed informants, suggests that Anthropic is in the market for a buyer to acquire the shares previously owned by FTX but has explicitly excluded Saudi investors from consideration.

According to CNBC’s sources, Anthropic’s decision to bypass Saudi investments is grounded in concerns regarding national security. Reportedly, the company’s executives are in the process of assembling a pool of potential backers while excluding Saudi financiers.

Three years ago, FTX acquired shares in Anthropic for $500 million. Now, the 8% stake in the esteemed AI startup has doubled in value. FTX’s liquidation of Anthropic shares is part of its bankruptcy proceedings, with proceeds aimed at compensating clients affected by the exchange’s collapse.

The report indicates that the transaction is progressing and is anticipated to conclude within the next few weeks, as mentioned by undisclosed sources.

Furthermore, Anthropic is contemplating selling FTX’s stake to alternative sovereign wealth funds, notably including the United Arab Emirates-based Mubadala. The latter has exhibited interest in acquiring Anthropic shares, as per the same report.

In December, Anthropic commanded a valuation of $18.4 billion. Subsequently, a judge sanctioned FTX’s proposal to offload its shares in the AI enterprise in February.

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WisdomTree Receives Approval for Digital Asset Business in New York

WisdomTree has achieved regulatory clearance from the New York State Department of Financial Services (DFS) to operate its digital asset business in the state, placing it among a select group of entities approved in one of the United States’ most rigorous crypto regulatory environments.

The Bitcoin exchange-traded fund (ETF) issuer obtained a charter to function as a limited-purpose trust company under the New York Banking Law, as announced in a statement on March 22. This charter paves the way for the introduction of its WisdomTree Prime platform in the state.

With this charter, WisdomTree is authorized to engage in fiduciary custody of digital assets, including providing digital wallet services, facilitating stablecoin trading, and managing stablecoin reserves, subject to DFS oversight.

Jonathan Steinberg, WisdomTree’s Founder and CEO, underscored the significance of the license in enabling the firm to offer innovative products while prioritizing customer safeguarding. He emphasized that the New York State Department of Financial Services holds a leading position as a regulator for businesses involved in digital asset activities. Additionally, he highlighted the importance of the well-established trust company charter program, which existed before the emergence of digital assets. This program is founded on rigorous banking regulations, allowing the company to introduce innovative products while ensuring customer protection remains paramount.

New York boasts one of the most stringent crypto regulatory frameworks in the United States, necessitating registration and licensing for crypto-related entities. Over the past year, the state has taken legal action against several crypto platforms, including Gemini and the now-defunct Genesis crypto lender, for breaching local regulations.

WisdomTree Prime Platform

The regulatory approval also sets the stage for the rollout of the WisdomTree Prime platform, which will offer a suite of products within the WisdomTree Prime ecosystem, including the issuance of WisdomTree Gold and Dollar Tokens.

The mobile platform will provide users access to cryptocurrencies, digital gold, and various digital funds, creating an integrated ecosystem for saving, spending, and investing on-chain. Leveraging the firm’s trust charter and fiduciary powers will enhance customer protection, particularly regarding asset storage.

Will Peck, CEO of WisdomTree Digital Trust Company, expressed confidence in the company’s product lineup and responsible growth strategy.

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Ripple Leaders Predict SEC Setback in Ethereum Securities Debate

The US Securities and Exchange Commission (SEC) has intensified its examination of Ethereum, inadvertently rallying the cryptocurrency community against it.

Ripple CEO Brad Garlinghouse confidently stated that the SEC would ultimately lose its battle against Ethereum. In a post on March 22 on social media platform X (formerly Twitter), Garlinghouse highlighted that the financial watchdog failed in its classification attempt of his company’s XRP token and is likely to face a similar outcome in its efforts to classify ETH as security. He mentioned that the SEC is engaging in disputes with the industry and is experiencing significant losses in court battles. Additionally, they are currently in conflict with other regulators such as the CFTC, and are trailing behind international counterparts.

Echoing Garlinghouse’s sentiments, Ripple’s Chief Legal Officer Stuart Alderoty suggested that the US Congress should halt funding for this “insanity.”

SEC’s Investigation of Ethereum

Recent reports revealed that the SEC, led by Gary Gensler, is investigating entities associated with Ethereum, such as the Ethereum Foundation, in an attempt to classify ETH as a security. This move sparked significant backlash from both the crypto community and US legislators, who expressed concerns about the SEC’s aggressive stance toward the burgeoning industry.

Paul Grewal, Coinbase’s Chief Legal Officer, highlighted numerous instances where the SEC and its representatives have referred to Ethereum as a commodity. He pointed to statements from former high-ranking SEC official William Hinman, as well as congressional hearings and testimony from Gensler before his tenure as SEC chair, which indicated that the digital asset was not considered a security. Additionally, Grewal noted instances where SEC lawyers attempted to draw comparisons between ETH and BTC.

Community Sentiments and Ripple’s Support

Notably, Ripple executives’ endorsement of Ethereum comes as unexpected, given the historical friction between the XRP community and ETH. For years, XRP supporters have alleged that Ethereum received preferential treatment from the SEC due to its non-classification as a security by former SEC official Hinman, arguing that this contributed to Ethereum’s widespread adoption and subsequent development.

Moreover, past negative remarks about XRP from Ethereum co-founder Vitalik Buterin further fueled animosity between the two projects.

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