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The FTX affair continues to unravel. Sam Bankman-Fried, the former CEO of the failed crypto exchange, will be held in jail through the end of his two upcoming trials. Judge Lewis Kaplan ordered the revocation of the entrepreneur’s $250 million bail following The New York Times report about his alleged attempt to intimidate witnesses. Bankman-Fried faces 12 criminal charges spread across two trials scheduled to begin in October 2023 and March 2024.

Meanwhile, the wave of lawsuits has reached former partners of FTX. Eighteen leading venture capital (VC) investment firms, including Temasek, Sequoia Capital, Sino Global and Softbank, have been named defendants in a class-action lawsuit filed in the United States District Court for the Northern District of California for their links to the exchange. The suit claims that the defendants used their “power, influence and deep pockets to launch FTX’s house of cards to its multibillion-dollar scale.”

FTX’s former primary counsel, Fenwick & West, has also been hit with a class-action suit claiming it aided the crypto exchange’s alleged multibillion-dollar fraud. Former customers accuse the law firm of setting up several “shadowy entities” for Bankman-Fried and other executives to adopt “creative but illegal strategies” to perpetuate fraud. The “shadowy entities” were named North Dimension and North Wireless Dimension, which the suit alleged siphoned misappropriated FTX customer funds.

Federal Reserve sets new rules for banks’ involvement with crypto 

The U.S. Federal Reserve is broadening the scope of its supervision program, which oversees U.S. banks that engage with the cryptocurrency and blockchain industry. The Fed established the Novel Activities Supervision Program, which aims to limit certain crypto-related activities and facilitate a more fair playing field for banks servicing the digital asset industry. Registered banks involved in the “risk-based” program may be examined by the Fed Board, which will evaluate whether the novel activities comply with its policies and U.S. law.

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Jury trial for the SEC vs. Ripple suit to start in Q2 2024 

The judge overseeing the U.S. Securities and Exchange Commission (SEC) civil case against Ripple Labs plans to schedule a jury trial starting in the second quarter of 2024. The judge gave a deadline of Aug. 23 for prosecutors and defense lawyers to submit blackout dates for the trial but aimed for a start date between April 1 and June 30, 2024.

Previously, Judge Analisa Torres ruled that the XRP (XRP) asset was not a security in regard to programmatic sales on digital asset exchanges. The court decision was not a final determination in the SEC vs. Ripple case, and the blockchain firm, Garlinghouse and Larsen may still be found liable for other violations.

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Brazilian Congress votes for higher taxes on crypto 

In Brazil, a congressional committee has approved amendments to a bill that recognizes cryptocurrencies as “financial assets” for tax purposes in foreign investments. The draft bill taxes gains from fluctuations in crypto asset prices against Brazil’s fiat currency, as well as foreign exchange rate fluctuations. According to Deputy Merlong Solano, the revision seeks to promote equal tax treatment since crypto investments abroad currently receive lower tax breaks.

Overseas earnings up to 6,000 Brazilian reais (~$1,200) will be exempt from taxation under the new rules. Earnings between 6,000 and 50,000 reais (~$10,000) are subject to a 15% tax rate. Above this threshold, taxes will be applied at 22.5%.

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Crypto self-custody is a fundamental right, says SEC’s Hester Peirce

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Crypto self-custody is a fundamental right, says SEC's Hester Peirce

Hester Peirce, a commissioner of the United States Securities and Exchange Commission (SEC) and head of the SEC’s Crypto Task Force, reaffirmed the right to crypto self-custody and privacy in financial transactions.

“I’m a freedom maximalist,” Peirce told The Rollup podcast on Friday, while saying that self-custody of assets is a fundamental human right. She added:

“Why should I have to be forced to go through someone else to hold my assets? It baffles me that in this country, which is so premised on freedom, that would even be an issue — of course, people can hold their own assets.”

Privacy, SEC, Freedom, United States, Self Custody, Bitcoin Adoption, ETF
SEC commissioner Hester Peirce discusses the right to self-custody and financial privacy. Source: The Rollup

Peirce added that online financial privacy should be the standard. “It has become the presumption that if you want to keep your transactions private, you’re doing something wrong, but it should be exactly the opposite presumption,” she said.

The comments came as the Digital Asset Market Structure Clarity Act, a crypto market structure bill that includes provisions for self-custody, anti-money laundering(AML) regulations, and asset taxonomy, is delayed until 2026, according to Senator Tim Scott.

Related: SEC to hold privacy and financial surveillance roundtable in December

Exchange-traded funds (ETFs) challenge Bitcoin’s self-custody ethos

Many large Bitcoin (BTC) whales and long-term holders are pivoting from self-custody to ETFs to reap the tax benefits and hassle-free management of owning crypto in an investment vehicle.

“We are witnessing the first decline in self-custodied Bitcoin in 15 years,” Dr. Martin Hiesboeck, the head of research at crypto exchange Uphold, said.