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Hester Peirce calls for SEC rulemaking to ‘bake in’ crypto regulation

US Securities and Exchange Commissioner (SEC) Hester Peirce offered a few suggestions for longer-lasting changes in crypto regulation between administrations with potentially different views.  

Speaking at the DC Blockchain Summit on March 26, Peirce, who heads the SEC’s crypto task force, said she expected that the commission could create more “durability” for digital asset regulations through rulemaking at the agency and legislation in Congress. Such rulemaking and laws would be in contrast to guidance issued by the agency, such as a recent statement suggesting that memecoins do not qualify as securities. 

“I hope people won’t be sitting around thinking about the Howey test,” said Peirce, referring to a method to determine whether an asset is a security. “Your lawyers have to think about these things, I’m not saying that they’ll not be relevant, but it shouldn’t be the kind of thing that is driving what you decide to build. I want there to be enough clarity on the question of what falls in our jurisdiction and then, if it does, how you can move forward.”

Law, Congress, SEC, United States

SEC Commissioner Hester Peirce speaking at the DC Blockchain Summit on March 26. Source: Rumble

Peirce’s remarks came as the SEC has dropped several investigations or enforcement actions against major crypto firms, including Coinbase, Ripple, Kraken and Immutable. Some see the commission’s change in policy under acting chair Mark Uyeda as an attempt by US President Donald Trump to have the agency drop cases against firms that supported his 2024 campaign.

Related: SEC plans 4 more crypto roundtables on trading, custody, tokenization, DeFi

Since the 119th session of Congress started in January, lawmakers have suggested that they intend to move forward with a market structure bill clarifying the roles the SEC and Commodity Futures Trading Commission will have over digital assets. On his third day in office, Trump signed an executive order establishing a working group that would explore, among other things, a regulatory framework for stablecoins.

Is a new SEC chair on the horizon?

Paul Atkins, whom Trump nominated as an SEC commissioner in December, will appear before US lawmakers in the Senate Banking Committee on March 27 and likely answer questions about his views on crypto regulation. Many in the crypto industry have indicated support for the former commissioner, who holds assets in real-world asset tokenization platform Securitize and controls a consulting firm tied to FTX.

If his nomination moves through the banking committee, it’s unclear whether the full Senate will vote to confirm Atkins to a term ending in 2031. He is expected to take over as SEC chair from Commissioner Uyeda.

Magazine: SEC’s U-turn on crypto leaves key questions unanswered

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Gig economy bosses could face jail time if they fail to check employers can legally work in UK

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Gig economy bosses could face jail time if they fail to check employers can legally work in UK

Company bosses hiring in the gig economy could face up to five years in prison if they fail to check if their employees can legally work in the UK, the Home Office has said.

The employers could also be banned from operating as company directors, have their business closed down, or be hit with fines of up to £60,000 for every worker who isn’t checked as part of the government crackdown.

The announcement comes as Home Secretary Yvette Cooper prepares to speak to Sky News breakfast show Sunday Morning with Trevor Phillips today.

Her department has said “thousands” of companies which hire gig economy and zero-hour contract workers are not legally required to check whether they have the right to work in the UK.

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The gig economy refers to an employment arrangement where work is assigned on a short-term or job-by-job basis in sectors such as construction, food delivery, beauty salons and courier services.

Food delivery firms Deliveroo, Just Eat and Uber Eats all use this approach to employment.

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However, all three of those employers already voluntarily carry out checks to ensure their delivery riders are eligible to work in the UK.

The Home Office has now announced that all employers who hire gig economy or zero-hour contract workers will have to carry out these “vital checks” which take “just minutes to complete”.

This amendment to the Border Security, Asylum and Immigration Bill will help “level the playing field for the majority of honest companies who do the right thing”, the government department added.

The Home Office said it will provide the checks free of charge and that “clamping down” on illegal working forms a “critical part of the government’s plan to strengthen the entire immigration system”.

The move is also intended to “undermine people smugglers using the false promise of jobs for migrants”, it added.

Is the Home Secretary worried about espionage targeting royal family?
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Watch Yvette Cooper on Sky News’ Sunday Morning with Trevor Phillips show from 8.30am

Ms Cooper said: “Turning a blind eye to illegal working plays into the hands of callous people smugglers trying to sell spaces on flimsy, overcrowded boats with the promise of work and a life in the UK.

“These exploitative practices are often an attempt to undercut competitors who are doing the right thing. But we are clear that the rules need to be respected and enforced.”

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Meanwhile the government is preparing to host the first international summit in the UK on how to tackle people-smuggling gangs.

Ministers and enforcement staff from 40 countries will meet in London on Monday and Tuesday to discuss international cooperation, supply routes, criminal finances and online adverts for dangerous journeys.

Countries including Albania, Vietnam and Iraq – where migrants have travelled from to the UK – will join the talks as well as France, the US and China.

The government will also hand counter-terror style powers to police and enforcement agencies to crack down on people-smuggling gangs as part of amendments to the bill.

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Bitcoin adoption in EU limited by ‘fragmented’ regulations — Analysts

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Bitcoin adoption in EU limited by ‘fragmented’ regulations — Analysts

Bitcoin adoption in EU limited by ‘fragmented’ regulations — Analysts

Institutional adoption of Bitcoin in the European Union remains sluggish, even as the United States moves forward with landmark cryptocurrency regulations that seek to establish BTC as a national reserve asset.

More than three weeks after President Donald Trump’s March 7 executive order outlined plans to use cryptocurrency seized in criminal cases to create a federal Bitcoin (BTC) reserve, European companies have largely remained silent on the issue.

The stagnation may stem from Europe’s complex regulatory regime, according to Elisenda Fabrega, general counsel at Brickken, a European real-world asset (RWA) tokenization platform.

“European corporate adoption remains limited,” Fabrega told Cointelegraph, adding:

“This hesitation reflects a deeper structural divide, rooted in regulation, institutional signaling and market maturity. Europe has yet to take a definitive stance on Bitcoin as a reserve asset.”

Bitcoin’s economic model favors early adopters, which may pressure more investment firms to consider gaining exposure to BTC. The asset has outperformed most major global assets since Trump’s election despite a recent correction.

Bitcoin adoption in EU limited by ‘fragmented’ regulations — Analysts

Asset performance since Trump’s election victory. Source: Thomas Fahrer

Despite Trump’s executive order, only a small number of European companies have publicly disclosed Bitcoin holdings or crypto services. These include French banking giant BNP Paribas, Swiss firm 21Shares AG, VanEck Europe, Malta-based Jacobi Asset Management and Austrian fintech firm Bitpanda.

A recent Bitpanda survey suggests that European financial institutions may be underestimating crypto investor demand by as much as 30%.

Related: Friday’s US inflation report may catalyze a Bitcoin April rally

Europe’s “fragmented” regulatory landscape lacks clarity

The EU’s slower adoption appears tied to its patchwork of regulations and more conservative investment mandates, analysts at Bitfinex told Cointelegraph. “Europe’s institutional landscape is more fragmented, with regulatory hurdles and conservative investment mandates limiting Bitcoin allocations.”

“Additionally, European pension funds and large asset managers have been slower to adopt Bitcoin exposure due to unclear guidelines and risk aversion,” they added.

Related: Bitcoin ‘more likely’ to hit $110K before $76.5K — Arthur Hayes

Beyond the fragmented regulations, European retail investor appetite and retail participation are generally lower than in the US, according to Iliya Kalchev, dispatch analyst at digital asset investment platform Nexo.

Europe is “generally more conservative in adopting new financial instruments,” the analyst told Cointelegraph, adding:

“This stands in stark contrast to the deep, liquid, and relatively unified US capital market, where the spot Bitcoin ETF rollout was buoyed by strong retail demand and a clear regulatory green light.”

Bitcoin adoption in EU limited by ‘fragmented’ regulations — Analysts

iShares Bitcoin ETP listings. Source: BlackRock

BlackRock, the world’s largest asset manager, launched a Bitcoin exchange-traded product (ETP) in Europe on March 25, a development that may boost institutional confidence among European investors.

Magazine: Bitcoiner sex trap extortion? BTS firm’s blockchain disaster: Asia Express

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NAYG lawsuit against Galaxy was ‘lawfare, pure and simple’ — Scaramucci

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<div>NAYG lawsuit against Galaxy was ‘lawfare, pure and simple' — Scaramucci</div>

<div>NAYG lawsuit against Galaxy was ‘lawfare, pure and simple' — Scaramucci</div>

The New York State Attorney General’s (NAYG) recent legal action against Galaxy Digital over its promotional ties to the now-collapsed cryptocurrency Terra (LUNA) was unfair and an abuse of the legal system, says SkyBridge Capital and founder Anthony Scaramucci.

“It’s LAWFARE, pure and simple due to an obscure but dangerously powerful New York law known as the Martin Act,” Scaramucci said in a March 28 X post.

Martin Law can “open the door for abuse”

“The law has no need to prove intent, creating a low standard of proof that can open the door for abuse like this. It shouldn’t exist,” he said.

New York’s Martin Act is one of the US’s strictest anti-fraud and securities laws, allowing prosecutors the power to pursue financial fraud cases without needing to prove intent. The NAYG alleged that Galaxy Digital violated the Martin Act over its alleged promotion of Terra, with Galaxy Digital agreeing to a $200 million settlement.

According to NAYG documents filed on March 24, Galaxy Digital acquired 18.5 million LUNA tokens at a 30% discount in October 2020, then promoted them before selling them without abiding by disclosure rules. 

Scaramucci reiterated that Galaxy CEO Michael Novogratz was under the impression everything he was saying about Luna was true, as he had been deceived by Terraform Labs and its former CEO, Do Kwon.

Law, New York, United States, Terra

Source: Amanda Fischer

Meanwhile, MoonPay president of enterprise, Keith Grossman, said he had never heard of the Martin Act and had to look it up using AI chatbot ChatGPT.

“It is so broad and essentially is the essence of lawfare,” Grossman said. “Sorry you got caught in the crosshairs of it, Mike,” he added.

Related: Sonic unveils high-yield algorithmic stablecoin, reigniting Terra-Luna ‘PTSD’

The filing alleged that Galaxy helped a “little-known” token, referring to LUNA, increase its market price from $0.31 in October 2020 to $119.18 in April 2022 while “profiting in the hundreds of millions of dollars.”

Asset manager and investor Anthony Pompliano said he isn’t familiar with the details of the lawsuit but vouched for Novogratz, calling him a “good man” who has devoted a lot of time and money to helping others.

The Terra collapse is one of the crypto industry’s most infamous failures. In March 2024, SEC attorney Devon Staren said in the US District Court for the Southern District of New York that Terra was a “house of cards” that collapsed for investors in 2022.

Magazine: Arbitrum co-founder skeptical of move to based and native rollups: Steven Goldfeder

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