Home Artists Posts Import Register

Content

Hey Team

Just to let you know I removed last remaining SOL from Coinbase. 

TLDR

  • Crypto trading platforms are currently under a regulatory/law enforcement siege in the US.
  • The SEC is spot-on with their crypto-related enforcement efforts.
  • Crypto trading platforms lack many of the protections that are in place for traditional financial firms.
  • Crypto trading platforms are not required to follow many of the same rules and regulations as traditional financial firms.
  • This lack of regulation makes crypto trading platforms high-risk, perilous, and inherently unsafe.
  • Investors should be cautious about using crypto trading platforms.

DUKE LAW PROFESSOR: John Reed Stark

@JohnReedStark

Get out of crypto platforms now, I can't say it any plainer. Having worked as an attorney in the SEC Enforcement Division for almost 20 years (including 11 years as Chief of the SEC Office of Internet Enforcement), I believe that we now know for certain that crypto trading platforms are under a U.S. regulatory/law enforcement siege which has only just begun.


And before you chop my head off with vitriol, ad hominems and OK Boomerisms, please allow me to explain the situation with only facts and research.


And before you label me a bureaucratic, washed-up SEC shill, please bear in mind that while I may indeed be washed up (!), I am typically an outspoken and dedicated SEC critic (see, e.g., https://twitter.com/JohnReedStark/status/1656774452388962305?s=20). I also have no stake of any kind in the cryptoverse. I am 100% objective, independent and neutral. Just seeking truth, always.


My take is that the SEC is spot-on with their crypto-related enforcement efforts. No matter what the carnival barkers promise, it is axiomatic that crypto trading platforms are high-risk, perilous and inherently unsafe. Please read on to understand my reasoning.


Why A Lack of SEC Registration Matters


U.S. SEC registration of financial firms: (1) mandates that investor funds and securities be handled appropriately without conflicts of interest; (2) ensures that investors understand the risks involved in purchasing the often illiquid and speculative securities that are traded on a cryptocurrency platform; (3) makes buyers aware of the last prices on securities traded over a cryptocurrency platform; and (4) provides adequate disclosures regarding their trading policies, practices and procedures.


Overall, entities providing financial services must carefully handle access to, and control of, investor funds, and provide all users with adequate protection and fortification.


With traditional SEC-registered financial firms, the SEC has unlimited and instantaneous visibility into every aspect of operations. With crypto trading platforms, the SEC lacks any sort of oversight and access — and has scant ability to detect, investigate and deter fraudulent conduct. As a result, the crypto marketplace operates without much supervision, lacking:


--The hallmarks of the traditional transparent surveillance program of a financial firm like an SEC-registered broker-dealer or investment adviser, so the SEC cannot analyze or verify market trading and clearing activity, customer identities and other critical data for risk and fraud;


--SEC and/or Financial Industry Regulatory Authority licensure of individuals involved in crypto trading, operation, promotion, etc., so the SEC cannot detect individual misconduct and enforce violations; -Traditional accountability structures and fiduciaries of financial firms, so the SEC cannot ensure that every customer's interest is protected and held sacrosanct; and


--The compliance systems, personnel and infrastructure, so the SEC cannot know where crypto came from or who holds most of it; and -The verification and investigatory routine and for cause SEC or FINRA examinations, inspections and audits, so the SEC and FINRA cannot patrol, supervise or verify critical customer protections and compliance mechanisms.


What the Crypto Regulatory Vacuum Means


For customers of digital asset platforms like most so-called crypto exchanges, there is not just a gap in customer protections, but a chasm. For example unlike SEC-registered financial firms, crypto trading platforms have:


-No record-keeping and archiving requirements with respect to operations, communications, trading or any other aspect of business;


-No requirements regarding the pricing or order flow of transactions or the use internal platforms and payment systems by employees;


-No reason to abide by U.S. statutes and rules prohibiting manipulation, insider trading, trading ahead of customers and other fraudulent behavior by customers or employees;


-No mandated cybersecurity requirements or standards to combat online attackers and protect customer privacy;


-No requirement to establish mandated training or code of conduct requirements;


-No obligation to have in place internal compliance, customer service and whistleblower teams to address and archive customer complaints;


-No requirement to reverse charges if any dispute or problem arises;


-No mandated robust and documented processes for the redress and management of customer complaints (N.B. that and even if there was a formal complaint filing structure in a digital asset trading platform, the pseudo-anonymous nature of virtual currencies, ease of cross-border and interstate transport, and the lack of a formal banking edifice creates enormous challenges for law enforcement to investigate and apprehend any individuals who use cryptocurrencies for illegal activities);


-No obligation to follow publicly disseminated national best bid and offer and other related best execution requirements;


-No minimum financial standards for operation, liquidity, and net capital; -No U.S. governmental team of objective auditors and examiners to inspect and scrutinize the fairness, execution and transparency of transactions;


-No requirement to ensure consistency of trading operations i.e. that the trading protocols used, which determine how orders interact and execute, and access to a platform's trading services, are the same for all users; and


-No obligation to design ethics and compliance codes for Wall Street entities (regardless of registration status) which would ban their employees from investing in cryptocurrency or NFT investments based on the same arguments as the ban of initial public offerings and options – i.e. that they are too risky and may tempt an employee to steal if not prohibitive.


It's all straight-forward and commonsensical. SEC registration establishes critical requirements that protect investors from individual risk and protect capital markets from global systemic risk. The requirements also make U.S. markets among the safest, most robust, most vibrant and most desirable marketplaces in the world.


Thanks for reading. With my blessing (and nothing but love for you), please feel free to launch the hate. Full Stop.


https://vox.com/23752826/binance-coinbase-sec-crypto-investors

Comments

Anonymous

Adding to this. Why does it matter if it’s your keys if all you’re going to do is sell it if it goes up?

Anonymous

https://cryptonews.com/news/solana-going-zero-after-sec-lawsuit-deems-sol-security-investors-are-moving-ecoterra-as-platform-raises-49-million-what-does-it-do.htm - "Solana is Going to Zero After SEC Lawsuit Deems SOL a Security and Investors are Moving to Ecoterra as the Platform Raises $4.9 Million – What Does it Do?" Clearly not a SOL fan then

Anonymous

Hi James, Monty Metzger the CEO from LCX wants to talk to you. He want to explain why and how they operate so you do not have to make assumptions. How can he reach you. Regards EJ

Anonymous

Load of bull, haven’t Coinbase & most other people in the crypto space been asking for regulation & guidance, the SEC doesn’t seem to want to help regulate the industry. There’s something bigger at play here

Anonymous

The exchanges are just so convenient. I have been holding off transferring to my ledger while looking for an alternative cold wallet. I still haven't decided.

Anonymous

I just don't want to transfer twice as I am looking for a wallet with a seed phrase incase my Ledger's seed phrase could compromised with the firmware 2.2.1 update.

Anonymous

did the same only had 2.3 lol

Anonymous

John Starks statement makes no sense when you ask, OK, where was the SEC when Sam and Alex M were around. I think the difference is Gary was helping them to take down Crypto and the CZ and Brian aren't in bed with him.

Anonymous

Can anyone tell me if etoro is safe. I know the sread is more but isn't it regulated

Anonymous

I think some regulation has obviously been desperately needed for a while now. My concern is not regulation withban eye in protecting the consumer, that will be welcome, especially in light of the massive fraud that's occured. My concern is thst the Biden admin will weaponize any government entity in order to kill crypto and ensure CBDC chokehold on the citizens will be wildly successful aka a disaster for us all. This admin has shown it will weaponize any part of the Gov't it can against its own people. Why would this be any different.

Anonymous

I'm not sure but I'd like to know as well. My personal opinion is you should take as much off the exchanges as you can and store them in your own personal wallet, physically owned and in your possession. Make copies of your wallet password, stamp of metal plates and divided into 1/3. Tyou keep a third and the other 2 send to trusted friends. Personally I would Run that process 3 times. Anyway, these assets are not safe on these platforms, at least not anytime soon. Trade, then take custody if your assets.

Anonymous

SEC has failed in policing tradFi all the same. Citadel, naked short selling, rehypothication of shares. Quadrillion dollar derivatives market. Whole financial system is a fraudulent house of cards.

Anonymous

We need to weaponize 400 million citizens. The controllers have no power if we come together and decide they don’t.

Anonymous

Gracias James!