Cooley Fintech Leader Leaves To Join Bitcoin Wallet Startup

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Wild price swings are par for the course in the hypervolatile cryptocurrency markets, but what marco santori bitcoin on Jan. It was a bloodbath. By Wednesday morning, investors on Reddit and other social media sites were wondering, with a combination of awe and terror, whether the crash was finally over — or whether a prolonged bear market was just beginning.

The mid-January crash, from which digital assets have yet to fully recover, was another marco santori bitcoin of just how susceptible the global, round-the-clock cryptocurrency markets are to negative press marco santori bitcoin especially when that press involves the threat of regulatory action. Finance experts from Marco santori bitcoin Dimon to the Nobel Prize-winning economist Joseph Stiglitz have predicted in recent weeks that the government would come down hard on cryptocurrencies—and now regulators from the United States to South Korea appear to be getting ready to do just that.

In early January, Securities and Exchange Commission Chairman Jay Clayton joined with lawmakers to issue a statement endorsing a warning from state regulators about the risks of cryptocurrency. Last Friday, Treasury Secretary Steven Mnuchin told an audience at the Economic Club in Washington that the Financial Stability Oversight Council, which is responsible for monitoring risk in the financial system, had formed a working group focused on the evolving asset class. In Asia, the world's hottest market for digital coins, China appears to want to eliminate the marco santori bitcoin currency trade altogether, including pushing bitcoin marco santori bitcoin out of the country, while South Korea is openly mulling its own ban.

But all the saber-rattling only begs the questions: How much can regulators do to rein in the excesses of this new asset class? What can't they do? And how will banks respond? Experts say it's unlikely that authorities in the West will try to ban bitcoin — if such a ban were even possible to enforce.

And it probably won't happen, because regulators are not some monolithic entity," said Marco Santori, marco santori bitcoin partner and head of the blockchain practice at the New York law firm Cooley. Nor, marco santori bitcoin seems clear, does anyone wake up and marco santori bitcoin for the regulatory headaches of digital currency. Bitcoin, explains Santori, is a "regulatory platypus," not fitting neatly marco santori bitcoin any of the familiar asset categories.

But the Internal Revenue Service taxes bitcoin as property and most state regulators require bitcoin businesses to be licensed as money transmitters, just as if they were handling cash. Marco santori bitcoin it's also true that bitcoin is open-source software, which is to say code, information — a product of the marco santori bitcoin, not the financial world.

Things get even more complicated when considering the larger world of blockchain tokens, which fall into two basic camps: The former are meant to marco santori bitcoin some useful function on a software platform or network, marco santori bitcoin the latter are primarily investment vehicles. One obvious security token is BCAP, issued last year by venture capital firm Blockchain Capital to raise money for its new fund.

Each token represents a fractional ownership in the San Francisco-based firm's fund. But the picture isn't always so black and white. There will be a world of security tokens and non-security tokens. It boils down to the idea that a transaction constitutes the purchase of a security if it is an investment of money in a "common enterprise" from which the investor expects profits, and those profits will derive from the efforts marco santori bitcoin others.

Bitcoin, Ethereum and at least a handful of other digital currencies don't meet the requirements. The same is true for bitcoin. But the younger and more niche and more centralized marco santori bitcoin coin is, the harder it is to argue that it isn't a security. Munchee had planned to use the proceeds to build a blockchain-powered food review service, and had led investors to expect a marco santori bitcoin increase in the value of their tokens.

Mormonism is getting real, but it's a little weird—it was created in America. Not to disparage anyone who might be a Scientologist, but you know, the [founder] wrote science fiction and then he wrote a religious text. The question, said Van Valkenburgh, is "Does this [religious text] have sufficient weight to make it something different?

The simple marco santori bitcoin is that while multiple agencies each have a claim on cryptocurrency, none will be able to get their arms entirely around the burgeoning industry. One answer is the "irrational exuberance" the head of South Korea's central bank last month noted among digital currency speculators.

Blockchain mania has grown to such a fever pitch in recent weeks that companies with no ties to the technology have been able to inflate their stock price simply by adding "blockchain" to their names, just as companies benefited from adding ".

Whereas most investors in the crowdsale that bootstrapped Ethereum were people who understood and appreciated the technology, that is no longer the case with investors in new token projects. Many founders are taking advantage. That leaves people open to scams. Industry observers echoed their concerns. BitConnect's website was working again on Thursday, and the price of Bitconnect's coin had recovered dramatically since the drop.

It was up Criticism marco santori bitcoin the company has continued unabated, however. It likely won't be the last such company targeted for enforcement action, says Van Valkenburgh. They just don't have the resources," he added. That means a tidal wave of enforcement isn't coming.

But the actions already taken, plus perhaps a few more to come, will likely "chill these markets appropriately, and it will change the way the [tech industry] thinks about these things," Van Valkenburgh said. Even so, the idea that Washington will eventually stamp out cryptocurrencies once and for all, said Santori, "is patently and demonstrably false.

The technology will not be regulated; applications of the technology will be regulated. Because of the fine distinctions involved, Santori added, "regulators are not the ultimate arbiters. The courts and the banks are. The banks will eventually fall in line with the courts. But in the meantime, some banks will be marco santori bitcoin risk-averse and some will be more risk-averse. Indeed, some banks aren't waiting to see what Washington regulators or the courts decide. Capital One has stopped allowing its customers to use credit cards to buy digital currency through Coinbase and other companies.

Card purchases are quicker than a wire payment or ACH transfer, which during a bull run might mean the difference between making a killing or missing out. One can only imagine what a downturn like mid-January's might have done to that plan — and how long it would take customers to initiate chargebacks or file complaints with the Consumer Financial Protection Bureau.

Reached for comment, a Capital One spokeswoman said in an email that the bank had "started declining credit card transactions to purchase cryptocurrency due to the limited mainstream acceptance and the elevated risks of fraud, loss, and volatility inherent in the cryptocurrency market.

Such actions mirror Visa's recent shutdown of cryptocurrency debit cards in Europe — marco santori bitcoin recently an increasingly popular means of spending digital wealth at ordinary merchants. But refusing to serve a customer base as young, tech-savvy and vocal as cryptocurrency users may be asking for trouble. In South Korea, where major banks recently declared they would no longer serve bitcoin exchanges after authorities began investigating them for possible money laundering, a petition has been started on the official website of the nation's presidential office marco santori bitcoin against stringent regulation.

The petition has since collected more thansignatures. Regulators the world over are in an unenviable position, Santori added. If they stand idly by, people get hurt. If they act too quickly, then they can impede the development of a potentially new and innovative industry," he said. An example of the opposite approach is the broadly written BitLicense regime, which affects digital-currency startups in New York state. Widely loathed in the industry, the regulation forced a number of companies to stop serving customers in New York.

What if there were to be an international BitLicense? Germany and France are advocating for joint regulation of digital marco santori bitcoin by all of the Group of 20 nations, and Bruno Le Maire, France's finance minister, is on record as saying he doesn't like bitcoin. While competing policy goals make such a measure unlikely, it isn't out of the question. Done right, Drake thinks regulation could make investors feel more comfortable putting their hard-earned money to work in the cryto-asset market.

Already the floodgates are opening. Coinbase and other cryptocurrency exchanges have added millions of users in the past few months. But rapid growth comes with a downside: The influx of new entrants was primarily responsible for the epic scale of the crash this week, Santori said. By Thursday morning the cryptocurrency market was recovering strongly. But among investors fears of a bear market lingered. I'm bullish on the three-month window but bearish on the three-week [window].

Others expressed concern that the closure of BitConnect could give rise to yet more lawsuits and legal restrictions. In the meantime, banks will have to decide whether it's in their best interest to serve this market. But while regulators may have their work cut out for them when it comes to fighting rampant speculation and preventing digital currency from being used for money laundering and drug trafficking, existing laws should be adequate to the task, says Van Valkenburgh.

Partner Insights Sponsor Content From: Bitcoin and the Fight for the Future of Finance. Cryptocurrencies 'could have a role' in investor portfolios. Comment Start the Conversation, Login. Like marco santori bitcoin you see? Make sure you're getting it all Independent and authoritative analysis and perspective for the banking industry.

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