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Crypto vulnerable if CFTC not given authority, says ex-chair Behnam

Former Commodity Futures Trading Commission Chair Rostin Behnam has said the crypto market will remain unregulated unless the agency he led is given greater authority.

In a May 28 Bloomberg TV interview, Behnam sided with the crypto industry on its long-standing argument that cryptocurrencies are commodities.

“If you look at existing law, the few largest tokens are commodities, which means the SEC does not have jurisdiction over those tokens, which include Bitcoin and Ether,” he said. 

He added that the Securities and Exchange Commission currently cannot properly regulate crypto because its law doesn’t allow it to regulate commodities, and the CFTC cannot regulate because it is a derivatives regulator.

Without new authority for the CFTC to regulate “cash markets in digital assets, non-securities,” this will remain an unregulated space, he claimed.

Crypto vulnerable if CFTC not given authority, says ex-chair Behnam
Rostin Behnam on Bloomberg TV. Source: Bloomberg

Behnam comments amid increasing scrutiny of the Trump family’s crypto ventures, which include the crypto platform World Liberty Financial, memecoins and a stablecoin.

On May 28, American political strategist and political commentator Sanders Townsend said Donald Trump is boosting his family’s investments in cryptocurrency and “is using the presidency to do it.”

The administration’s involvement in the regulatory process and legislative effort is “raising red flags” among some members of Congress, and there are “well-baked rules” for any elected or appointed government official that need to be complied with, he said. 

“Ultimately, until we do something, the [crypto] market will remain unregulated. Customers, investors, retail and institutional, will be more vulnerable to harm, fraud, manipulation and conflicts of interest, until the market is regulated.” 

Regulation critical to financial markets, says Behnam

Behnam also weighed in on Vice President JD Vance’s speech at the Bitcoin 2025 conference, backing up the need for crypto regulations. 

Related: Trump’s use of presidential seal at memecoin event raises legal questions

Vance said in a speech at the event that “we reject regulators” and that crypto “has a champion” in the White House. 

“Regulators are extremely important,” Behnam said. “They’re the reason American markets are the most desired in the world.” 

“Consumer protections and enforcement of the law are extremely critical to the health of our financial markets,” he added. 

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Italy sets hard MiCA deadline for crypto platforms to comply

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Italy sets hard MiCA deadline for crypto platforms to comply

Italy’s securities regulator set a firm timetable for applying the European Union’s Markets in Crypto-Assets Regulation (MiCA) in the country, warning that unlicensed crypto platforms face a deadline to either seek authorization or leave the market.

The move directly affects virtual asset service providers (VASPs) currently operating under Italy’s regime and the retail investors who use them.​

In a news release published Thursday, Italy’s Commissione Nazionale per le Società e la Borsa (CONSOB) reminded the market that Dec. 30 is the last day VASPs registered with the Organismo Agenti e Mediatori (OAM) can operate under the existing national framework.

Italy, European Union, MiCA
Italy sets hard stop for MiCA authorization. Source: CONSOB

After that date, only entities authorized as crypto asset service providers (CASPs) under MiCA, including firms passporting into Italy from another EU member state, will be allowed to offer crypto‑asset services in the country.​

CONSOB notes that, under Italy’s MiCA‑implementing legislation, VASPs that submit an application to be authorized as CASPs in Italy or another European Union member state by Dec. 30 may continue operating while their applications are assessed, but no later than June 30, 2026.

This transitional operating period is available only to operators who file by the deadline and ends once authorization is granted or refused, or when the June 30, 2026, limit is reached.​

Related: ECB president calls to address risks from non-EU stablecoins

Obligations for firms that do not apply

For VASPs that decide not to seek authorization under MiCA, CONSOB outlined specific obligations. These operators must cease their activities in Italy by Dec. 30, terminate existing contracts, and return clients’ crypto‑assets and funds in accordance with customers’ instructions.

CONSOB also said that VASPs registered in the OAM list must publish adequate information on their websites and inform clients directly about the measures they intend to adopt, either to comply with MiCA or to ensure an orderly closure of existing relationships.

This framework stems from Italy’s legislative decree implementing MiCA, which introduced a transitional regime for existing VASPs and set the conditions under which they can continue operating while moving to the new CASP authorization system. The decree makes use of the flexibility allowed by MiCA’s transitional provisions to set national deadlines, including the June 30, 2026 date referred to in CONSOB’s communication.​

Warnings to retail investors

CONSOB’s news release includes a separate section titled “warnings for investors.”

The regulator points out that VASPs currently operating in Italy may no longer be authorized to do so after Dec. 30, and stresses that investors should check whether they have received the necessary information from their provider on its plans to comply with MiCA.

If not, CONSOB advises investors to ask the operator for clarification or request the return of their funds.

EU‑level context under MiCA

CONSOB’s communication sits within the wider EU framework for MiCA’s application and transitional measures. On the same day, the European Securities and Markets Authority (ESMA) published a statement on the end of MiCA transitional periods, highlighting that member states can provide temporary continuation of existing licenses for existing providers, but these periods are limited and will expire.

Related: EU plan would boost ESMA powers over crypto and capital markets

The ESMA’s statement explains that firms operating under national transitional regimes are not automatically MiCA‑authorized and emphasizes the need for “orderly wind-down plans” where providers do not obtain authorization before transitional periods end.​

Italy’s hard stop for applications and continued operation shows how member states are using the discretion MiCA gives them over transitional regimes. The Italian transitional period now has defined end‑points, and continued activity in the market will require MiCA‑compliant authorization.

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