US SEC Warns Crypto Investors Against Blindly Trusting ‘Proof-of-Reserve’ Audits

Following the collapse of the FTX crypto exchange due to a liquidity crunch, several global crypto firms have conducted the audits of their respective proofs-of-reserves. The aim is to ensure their users that, under any emergency, the exchanges will be able to handle all withdrawals without going bankrupt. Officials from US’ Securities and Exchange Commission (SEC) have warned crypto investors, that they must not blindly trust the internal audits of crypto firms.

In recent days, KuCoin, Binance, CryptoCom, and Giottus — among other exchanges got their proofs-of-reserves verified, internally and as well as via third-party authenticators.

In a recent interview, Paul Munter, the acting chief accountant of the SEC said not all firms are even sharing numbers from their audits and hence, should not be taken as reliable sources.

“Investors should not place too much confidence in the mere fact a company says it’s got a proof of reserves from an audit firm. Having such a report is not enough information for an investor to assess whether the company has sufficient assets to cover its liabilities,” a Wall Street Journal report quoted Munter as saying.

Mazars, the auditing firm working with crypto majors like Binance and CryptoCom, temporarily halted all work for clients in the crypto industry on December 16.

While the exact reason for the deed was not revealed, Mazars did deactivate web pages showing audit findings for Binance.

The law enforcement authorities in the US are closely tracking developments in the crypto industry.

An alarm, for instance, was raised against Binance’s proof-of-reserve report earlier this month by John Reed Stark, former chief of the SEC of Internet Enforcement.

OKX, a Seychelles-based cryptocurrency exchange published its second proof-of-reserve report on Friday, December 23. As part of its commitment to get the trust of as many investors as possible, the company has vouched to provide similar reports every month.

The FTX crypto exchange filed for bankruptcy last month, that followed the arrest of its founder and CEO, Sam Bankman Fried, for defrauding customers.

In the aftermath, the overall valuation of the crypto market as per CoinMarketCap.


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FTX Founder Sam Bankman-Fried Says He Failed to See Warnings Signs That Led to Firm’s Collapse

FTX founder and former Chief Executive Sam Bankman-Fried said he expanded his business too fast and failed to notice signs of trouble at the exchange, whose downfall sent shock waves through the crypto industry, the New York Times reported late on Monday. “Had I been a bit more concentrated on what I was doing, I would have been able to be more thorough,” Bankman-Fried said in an interview with the newspaper. FTX filed for bankruptcy on Friday, one of the highest-profile crypto blowups, after traders rushed to withdraw $6 billion (roughly Rs. 488 crore) from the platform in just 72 hours and rival exchange Binance abandoned a proposed rescue deal.

The US Justice Department, the Securities and Exchange Commission and the Commodity Futures Trading Commission are now all investigating how FTX handled customer funds, a source told Reuters.

Bankman-Fried, who is based in the Bahamas, declined to comment on his current location, citing safety concerns, the newspaper said.

When asked whether FTX used customer funds to prop up the trading firm Alameda Research that he founded, Bankman-Fried told the New York Times that Alameda had accumulated a large “margin position” on FTX.

“It was substantially larger than I had thought it was,” he said and added without providing details that the size of the position was in the billions.

Reuters reported last week that Bankman-Fried had secretly transferred $10 billion (roughly Rs. 81,360 crore) of customer funds from FTX to Alameda.

A large portion of that total has since disappeared, according to a Reuters report. One source put the missing amount at about $1.7 billion (nearly Rs. 13,700 crore). The other said the gap was between $1 billion and $2 billion (nearly Rs. 16,100 crore).

The financial hole was revealed in records that Bankman-Fried shared with other senior executives last Sunday, according to the two sources. The records provided an up-to-date account of the situation at the time, they said. Both sources held senior FTX positions until this week and said they were briefed on the company’s finances by top staff.

© Thomson Reuters 2022


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Elon Musk Fires Twitter’s Board of Directors to Become Sole Member

Billionaire Elon Musk is already floating major changes for Twitter — and faces major hurdles as he begins his first week as owner of the social-media platform.

Twitter‘s new owner fired the company’s board of directors and made himself the board’s sole member, according to a company filing Monday with the Securities and Exchange Commission.

He’s also testing the waters on asking users to pay for verification. A venture capitalist working with Musk tweeted a poll asking how much users would be willing to pay for the blue check mark that Twitter has historically used to verify higher-profile accounts so other users know it’s really them.

Musk, whose account is verified, replied, “Interesting.”

Critics have derided the mark, often granted to celebrities, politicians, business leaders and journalists, as an elite status symbol.

But Twitter also uses the blue check mark to verify activists and people who suddenly find themselves in the news, as well as little-known journalists at small publications around the globe, as an extra tool to curb misinformation coming from accounts that are impersonating people.

“The whole verification process is being revamped right now,” Musk tweeted Sunday in response to a user who asked for help getting verified.

On Friday, meanwhile, billionaire Saudi Prince Alwaleed bin Talal said he and his Kingdom Holding Company rolled over a combined $1.89 billion (nearly Rs. 15,600 crore) in existing Twitter shares, making them the company’s largest shareholder after Musk. The news raised concerns among some lawmakers, including Senator Chris Murphy, a Democrat from Connecticut.

Murphy tweeted that he is requesting the Committee on Foreign Investment — which reviews acquisitions of US businesses by foreign buyers — to investigate the national security implications of the kingdom’s investment in Twitter.

“We should be concerned that the Saudis, who have a clear interest in repressing political speech and impacting US politics, are now the second-largest owner of a major social media platform,” Murphy tweeted. “There is a clear national security issue at stake and CFIUS should do a review.”

Having taken ownership of the social media service, Musk has invited a group of tech-world friends and investors to help guide the San Francisco-based company’s transformation, which is likely to include a shakeup of its staff. Musk last week fired CEO Parag Agrawal and other top executives. There’s been uncertainty about if and when he could begin larger-scale layoffs.

Those who have revealed they are helping Musk include Sriram Krishnan, a partner at venture capital firm Andreessen Horowitz, which pledged back in the spring to chip in to Musk’s plan to buy the company and take it private.

Krishnan, who is also a former Twitter product executive, said in a tweet that it is “a hugely important company and can have great impact on the world and Elon is the person to make it happen.”

Jason Calacanis, the venture capitalist who tweeted the poll about whether users would pay for verification, said over the weekend he is “hanging out at Twitter a bit and simply trying to be as helpful as possible during the transition.”

Calacanis said the team already “has a very comprehensive plan to reduce the number of (and visibility of) bots, spammers, & bad actors on the platform.” Twitter is currently free for most users because it depends on advertising for its revenue.

Musk agreed to buy Twitter n April but it wasn’t until Thursday evening that he finally closed the deal, after his attempts to back out of it led to a protracted legal fight with the company. Musk’s lawyers are now asking the Delaware Chancery Court to throw out the case, according to a court filing made public Monday. The two sides were supposed to go to trial in November if they didn’t close the deal by the end of last week.

Musk has made a number of pronouncements since early this year about how to fix Twitter, and it remains unclear which proposals he will prioritize.

He has promised to cut back some of Twitter’s content restrictions to promote free speech, but said Friday that no major decisions on content or reinstating of banned accounts will be made until a “content moderation council” with diverse viewpoints is put in place. He later qualified that remark, tweeting “anyone suspended for minor & dubious reasons will be freed from Twitter jail.”

The head of a cryptocurrency exchange that invested $500 million (nearly Rs. 4,100 crore) in Musk’s Twitter takeover said he had a number of reasons for supporting the deal, including the possibility Musk would transition Twitter into a company supporting cryptocurrency and the concept known as Web3, which many cryptocurrency enthusiasts envision as the next generation of the internet.

“We want to make sure that crypto has a seat at the table when it comes to free speech,” Binance CEO Changpeng Zhao told CNBC on Monday. “And there are more tactical things, like we want to help bring Twitter into Web3 when they’re ready.”

He said cryptocurrency could be useful for solving some of Musk’s immediate challenges, such as the plan to charge a premium membership fee for more users.

“That can be done very easily, globally, by using cryptocurrency as a means of payment,” he said.

 


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SEC Chair Gary Gensler Doesn’t View Decentralisation as a Fact of Crypto Markets

US Securities and Exchange Commission (SEC) chair Gary Gensler has stated that he doesn’t view decentralisation as a fact of crypto markets, despite the origins of digital currencies in circumventing centralised authorities. Speaking at the Securities Industry and Financial Markets Association’s (SIFMA) annual meeting on October 24, Gensler acknowledged that finance has been centralized and concentrated “since antiquity.” He added that there is a “tendency for central intermediaries to benefit from scale, network effects, and access to valuable data.” For example, Gensler said that just four asset managers managed over 80 percent of the total net assets in US index funds.

The fallout of a major financial meltdown caused by centralised banks and lending companies helped to birth cryptocurrencies. However, the SEC boss doesn’t see it this way. “We’ve even seen centralisation in the crypto market, which was founded on the idea of decentralisation. This field actually has significant concentration among intermediaries in the middle of the market.”

Gensler used the analogy of sand flowing through an hourglass to explain how financial intermediaries sit at the neck of the hourglass, as they process trillions of dollars worth of transactions and may disproportionately capture profits, given their advantageous position.

He then said that he believes a number of cryptocurrency exchanges function in this problematic manner, though he did not single out any particular exchanges by name.

Gensler suggested in a question and answer session during his virtual appearance that most, if not all, crypto exchanges violate securities law by listing unregistered securities.

“As it relates to the intermediaries, the so-called crypto exchanges or lending platforms and the like, they’re highly centralised,” said the SEC chair. “They tend to have hundreds of tokens. It’s sort of beyond probabilities that there’s some securities tokens on them.”

Gensler asked exchanges to come in and ask the securities regulator if they are unclear as to whether a cryptocurrency or token could be viewed as a security, and said the SEC could work on a case-by-case basis as to whether or not an exemption is needed to be made for a particular project.

Much of the digital asset industry hasn’t been on-board with Gensler’s stance toward cryptocurrencies during his tenure as leader of the securities regulator, and he and Commodity Futures Trading Commission (CFTC) Chair Rostin Behnam have not always appeared to be on the same page. Though the two appear to be in agreement on an expanded role for the CFTC in regulating markets for digital commodities like Bitcoin, they may not agree on what cryptocurrencies fall under that definition.

Without addressing crypto in particular, Gensler emphasised the importance of treating market participants alike, to focus “competition on price, service, and other key factors,” rather than market manipulation or “whether the game is fair.”


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Three Arrows Capital Said to Face Probes by US SEC, CFTC Over Investor Conduct Violations

Three Arrows Capital (3AC) is facing a probe by two US authorities in the wake of the firm’s bankruptcy. A recent report reveals that the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) are looking into potential investor conduct violations by Three Arrows. The regulators are explicitly investigating whether the company failed to register with the two organisations and deceived investors about its holdings. The collapse of the Terra ecosystem in May pushed 3AC into a major collapse from being the world’s largest crypto hedge fund.

According to a report by Bloomberg citing sources familiar with the matter, the scrutiny from the regulators could lead to additional penalties for the firms and the individuals. Currently, the whereabouts of Three Arrows founders Su Zhu and Kyle Davies remain unknown.

It is worth noting that the SEC and CFTC have not confirmed that an investigation is ongoing. Bloomberg was instead informed of the supposed investigation by an unnamed source.

Three Arrows Capital (3AC) first encountered financial issues when it lost money during the collapse of TerraUSD in May.

The company defaulted on a loan from Voyager Digital on June 27 and was ordered to liquidate assets on June 29. Days later, on July 1, it declared bankruptcy. The case attracted more controversy as the company’s founders abandoned its Singapore offices in July before fleeing the country and failing to make court appearances.

Three Arrows Capital is already under investigation by regulators in Singapore. Those regulators claim that the company provided false information to the company’s monetary authority and exceeded its assets under management (AUM) threshold of $250 million (roughly Rs. 2,100 crore).

Following the bankruptcy, advisory firm Teneo was appointed as the company responsible for liquidating 3AC’s assets. However, Teneo has been unsuccessful in reaching the co-founders of Three Arrows Capital, as they have seemingly disappeared.

The liquidator is now looking for permission to issue subpoenas to these co-founders as a last resort. The company has also complied with orders as part of its bankruptcy proceedings.


Cryptocurrency is an unregulated digital currency, not a legal tender and subject to market risks. The information provided in the article is not intended to be and does not constitute financial advice, trading advice or any other advice or recommendation of any sort offered or endorsed by NDTV. NDTV shall not be responsible for any loss arising from any investment based on any perceived recommendation, forecast or any other information contained in the article.

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Oracle to Pay About $23 Million to Resolve Another SEC Bribery Case Involving India Unit

Oracle will pay about $23 million (nearly Rs. 190 crore) to resolve charges that its units in Turkey, the United Arab Emirates and India used slush funds to bribe foreign officials in order to win business, the US Securities and Exchange Commission said on Tuesday.

The case covered alleged wrongdoing from 2014 to 2019, and is the second time the SEC charged Oracle with violating the federal Foreign Corrupt Practices Act (FCPA), an anti-bribery law.

According to the regulator, Oracle’s Turkey and UAE units also used slush funds to pay for foreign officials to attend technology conferences in violation of Oracle policies.

Employees of the Turkey unit also used the funds to pay for the officials’ spouses and children to accompany them, or take side trips to Los Angeles and Napa Valley, California, the SEC said.

“The creation of off-book slush funds inherently gives rise to the risk those funds will be used improperly, which is exactly what happened here,” Charles Cain, Chief of the SEC’s FCPA unit, said in a statement.

Oracle, based in Austin, Texas, agreed to pay a $15 million (nearly Rs. 120 crore) civil fine and about $7.9 million (nearly Rs. 60 crore) of disgorgement and interest. It did not admit or deny wrongdoing in agreeing to settle.

“The conduct outlined by the SEC is contrary to our core values and clear policies, and if we identify such behavior, we will take appropriate action,” Oracle spokesman Michael Egbert said.

In 2012, Oracle agreed to pay a $2 million (nearly Rs. 16 crore) fine to settle SEC charges concerning the creation of millions of dollars of unauthorised side funds by Oracle India from 2005 to 2007.


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SEC Chairman Gary Gensler Lays Out Regulatory Responsibilities Around Crypto

The US Securities and Exchange Commission (SEC) chairman Gary Gensler said the commission might tailor securities laws for crypto companies to comply. In an interview, Gensler said the commission has “exemptive authorities” to tailor its investor protection and disclosure laws. Gensler continued that several crypto companies have been non-compliant in offering unregistered securities. However, he did not reveal the crypto firms that violated this law. The SEC chief Gary Gensler also spoke about stablecoins and compared them to poker chips.

Gensler in an interview with Yahoo Finance said, “If you are raising money from the public, and the public is anticipating profits based on the efforts of that common enterprise, that’s a security.

Gensler’s recent statement is one of the clearest points he has made on how the SEC could work with crypto firms. “There’s a potential path forward. I’ve said to the industry, to the lending platforms, to the trading platforms: ‘Come in, talk to us,'” Gensler said.

The SEC chairman gave examples of crypto firms like BlockFi that the commission has taken action against because they broke the securities law.

According to him, the US Congress might have to introduce new regulatory frameworks “to ensure financial stability.”

In his view, stablecoins are like money market funds because people can earn returns with how they are used. Terra’s UST implosion has increased talks about the need for stablecoins regulation.

Meanwhile, Gensler advised investors to be cautious regarding projects promising exorbitant returns. “If it is good to be true, maybe it is…A lot of risks may as well be embedded in there,” Gensler said.

Three major crypto firms, Three Arrows Capital, Voyager Digital, and Celsius Network, have filed for bankruptcy due to their inability to meet their obligations to their creditors and users.

Speaking about the future responsibilities of the SEC, Gensler said that they will soon have the leading role in regulating digital assets. He talked about their main aim, protecting the investors, and how they will ensure it. While he also said that the SEC has special powers from Congress, so they will exercise them to protect the investor.


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Elon Musk Faces the US SEC Scrutiny Over Tweets on USD 44 Billion Twitter Deal

The US Securities and Exchange Commission sent a letter to Elon Musk last month asking for clarification over some of the tweets the billionaire sent about his $44 billion (nearly Rs. 3,51,400 crore) deal for Twitter, regulatory filing showed on Thursday.

The US Securities and Exchange Commission (SEC) asked Musk in a letter whether he should have amended his public filing to reflect his intention to suspend or abandon the deal, according to the June 2 letter made public on Thursday.

The agency was referring to his May 17 tweet in which he said the “deal cannot move forward” until Twitter provided more data about how the company handled fake accounts.

The letter shows the SEC has been tracking Musk’s statements on the blockbuster deal, increasing pressure on the Tesla boss who has been locked in a feud with the SEC over his tweets about Tesla since 2018. The agency already has several open probes into Musk, according to court filings and media reports.

The SEC said in the letter it had inquired about the May 17 tweet with Musk’s legal counsel the following day, but had not received a response more than two weeks later. The SEC added if Musk did not respond, it may decide to release publicly all correspondence, including the letter.

Musk’s lawyers said in a June 7 letter that the tweet did not require an amendment because Musk’s plans for the deal had not changed at that time.

Musk said on Friday he was terminating the deal because the social media company had breached multiple provisions of the merger agreement, although on Tuesday Twitter sued Musk alleging he had broken the terms of the deal and made misleading statements about its operations.

Securities lawyers said they expected the SEC would scrutinise Musk’s public statements on the deal to assess whether he misled the market as to his intentions, Reuters reported on Thursday.

In April, the SEC asked Musk whether the disclosure of his Twitter stake was late and why it indicated that he intended to be a passive shareholder. Musk later refiled the disclosure to indicate he was an active investor.

© Thomson Reuters 2022

 




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