Warren’s surveillance legislation is tailor-made to help big banks
It seems that every time Massachusetts Senator Elizabeth Warren fails to get an anti-crypto bill passed, she introduces a new draft. She has the strategy of messaging bills — legislation introduced for the purposes of media attention and fundraising more than actual passage — down to a science.
Warren’s latest legislation, the Digital Asset Anti-Money Laundering Act, threatens to undermine crypto’s core principles of freedom and personal sovereignty. While Warren argues that her bill is necessary to combat illicit activities, a closer look reveals its potential to stifle innovation, endanger user privacy and play right into the hands of big banks.
The bill, co-sponsored by Kansas Senator Roger Marshall, is based on the premise that digital assets are increasingly being used for criminal activities such as money laundering, ransomware attacks and terrorist financing. While some bad actors exploit digital assets, the bill’s approach of treating all developers and wallet providers as potential criminals is not only impractical but also dangerous.
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The most dangerous part of the bill is the requirement that digital asset developers comply with Bank Secrecy Act (BSA) responsibilities and Know Your Customer (KYC) requirements. This effectively places the burden of law enforcement on the shoulders of software developers. It’s akin to requiring car manufacturers to be responsible for how their vehicles are used on the road.
The bill further seeks to eliminate privacy tools that protect crypto users from malicious actors. By cracking down on digital asset mixers and anonymity-enhancing technologies, Warren’s proposal threatens the privacy rights of law-abiding citizens. It’s essential to remember that privacy is a fundamental right, not a privilege that can be discarded at will. A number of early Bitcoin (BTC) millionaires have been kidnapped and tortured as a direct result of the transparency of the Bitcoin blockchain. Warren would leave future Bitcoiners defenseless against such threats.
While she claims to be acting in the name of national security, it’s worth noting that the big banks would benefit greatly from limiting the competition posed by cryptocurrencies. By imposing onerous regulations, the bill would make it difficult for crypto to compete on a level playing field.
But what about the argument that digital assets are being used by rogue nations and criminal organizations? While this is a valid concern, it’s crucial to distinguish between the technology itself and the actions of a few. The same argument could be applied to cash, which has been used for illegal activities for centuries. Banning cash would be an overreaction, just as overly restrictive crypto regulations are.
Breaking: Elizabeth Warren’s latest proposed anti-crypto legislation
Sen. Warren has co-sponsored the Digital Asset Anti-Money Laundering Act of 2023.
Says the legislation aims to:
-combat the “rising” misuse of digital assets.
-close regulatory “gaps.”
-extends Bank… pic.twitter.com/cl0L95Fyaj— Carlo⚖️.eth (@DeFiDefenseLaw) December 11, 2023
One major concern is the bill’s approach to “unhosted” digital wallets, which allow individuals to bypass Anti-Money Laundering (AML) and sanctions checks. While preventing illicit transactions is crucial, the bill’s proposed rule to require banks and money service businesses to verify customer identities and file reports on certain transactions involving unhosted wallets may have unintended consequences.
Forcing individuals to provide personal information for every transaction goes against the very principles that have drawn people to cryptocurrencies — privacy and pseudonymity. It’s important to strike a balance between security and individual rights. Overregulation could drive users away from regulated platforms, pushing them into unregulated, more challenging-to-track environments.
Additionally, the bill’s focus on directing the United States Financial Crimes Enforcement Network to issue guidance on mitigating the risks of handling anonymized digital assets seems to misunderstand the core tenets of blockchain technology. Cryptocurrencies like Bitcoin are designed to be transparent yet pseudonymous. Trying to eliminate this pseudonymity jeopardizes one of the key features that make blockchain secure and appealing to users.
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Another significant issue is the potential overreach in extending BSA rules to include digital assets. Requiring individuals engaged in transactions over $10,000 in digital assets through offshore accounts to file a Report of Foreign Bank and Financial Accounts (FBAR) may be excessive. It could result in unnecessary burdens on individuals who use digital assets for legitimate purposes, such as cross-border remittances or investments.
Warren’s bill is a sledgehammer approach to a nuanced problem. Rather than stifling innovation and privacy, a more balanced approach would be to target specific criminal activities and individuals. The current AML system, which large crypto exchanges comply with, has been effective at interdicting illicit crypto usage, which is why isolated instances have been reported.
The Digital Asset Anti-Money Laundering Act is a deeply flawed piece of legislation. Warren’s bill poses a real threat to the crypto community and risks playing right into the hands of big banks. It’s essential that we find a more balanced and effective solution that addresses the concerns without stifling the potential of this transformative technology.
J.W. Verret is an associate professor at George Mason University’s Antonin Scalia Law School. He is a practicing crypto forensic accountant and also practices securities law at Lawrence Law LLC. He is a member of the Financial Accounting Standards Board’s Advisory Council and a former member of the SEC Investor Advisory Committee. He also leads the Crypto Freedom Lab, a think tank fighting for policy change to preserve freedom and privacy for crypto developers and users.
This article is for general information purposes and is not intended to be and should not be taken as legal or investment advice. The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.
Britain should have access to the EU’s rearmament fund before the end of the year but “wounds of Brexit” mean some member states want it to be limited, the bloc’s foreign affairs chief has said.
Kaja Kallas told Sky News’ political editor Beth Rigby that the “technical details” of Security Action for Europe (SAFE) still need to be sorted out.
SAFE is a €150bn (£126bn) fund to provide loans to EU nations and other participants to bolster their defences.
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As part of Sir Keir Starmer’s new reset deal with the EU, a new defence partnership was struck that will allow the UK to access it.
Asked when this might be, Ms Kallas said: “The SAFE instrument has just been finalised between the institutions but it also needs approval from the European Council. And when that is done, we also move on with the implementation of that, and that is in the coming months.”
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Who wins from the UK-EU deal?
Asked about reports that some member states think there should be a limit on what the UK can access, she said: “ Of course these discussions are there. We have the wounds from Brexit very clearly.
“I mean you wanted to exit the European Union and then there are many voices who say that you shouldn’t have the same benefits from the European instruments that the European Union countries have.”
According to The Times, France is pushing to freeze the UK out of 85% of the fund.
Kaja Kallas, the EU’s high representative for foreign affairs. Pic: Reuters
Asked if Britain’s access should be higher, Ms Kallas said her personal view is that given the current climate “we should do both. We should invest more in European industry. But we should also cooperate with our outside partners like the UK”.
She added that the EU hasn’t had discussions in terms of percentage, because the fund is “down to the capabilities”.
“That is, I think, more important than numbers,” she said.
Speaking to the BBC, Chancellor Rachel Reeves said that the UK was in a “better place than any country in the world” on trade.
She said that under Labour, Britain has “the first deal and the best deal so far with the US, we’ve got the best deal with the EU for any country outside the EU, and we’ve got the best trade agreement with India”.
“Not only are these important in their own right,” she added, “but it also shows that Britain now is the place for investment and business, because we’ve got preferential deals with the biggest economies around the world.”
The UK government has said accessing SAFE will support thousands of British jobs.
Defence was one of the many areas that has been agreed as part of the new UK and the EU trade deal struck by Sir Keir Starmer – five years after Brexit kicked in.
A key part of the deal involves giving European fishing boats a further 12 years of access to British waters.
In return, there will be increased access to EU eGates for British passport holders in Europe, no health certificates every time pets travel to Europe and the removal of red tape from most UK food and drink imports and exports.
Genesis has launched a pair of lawsuits against its parent company, Digital Currency Group (DCG), and its CEO, Barry Silbert, accusing them of fraud, reckless mismanagement and siphoning more than a billion dollars in value from the now-bankrupt crypto lender.
On May 19, the Delaware Court of Chancery unsealed a complaint detailing how DCG allegedly used Genesis as a corporate ATM, draining funds through self-serving loans and concealed transfers while presenting a false image of financial health.
Through their court-appointed Litigation Oversight Committee (LOC), Genesis creditors claim that over a million digital coins — worth about $2.1 billion — were funneled away, even as Genesis edged toward collapse.
As per the complaint, Genesis creditors are still owed around $2.2 billion worth of crypto assets, including 19,086 Bitcoin (BTC), 69,197 Ether (ETH) and over 17.1 million other tokens, along with significant unpaid fees and interest as of Feb. 9, 2025.
At the core of the lawsuit is the claim that Silbert and other insiders ignored basic risk controls and pushed Genesis into reckless lending practices that ultimately served to benefit DCG’s crown jewel, Grayscale Investments.
DCG withdrew $1.2 billion from Genesis before bankruptcy
The complaint describes Genesis as having operated without a board or independent oversight, with key decisions made to enrich DCG at the expense of depositors.
“In particular, Silbert, Kraines, and Murphy orchestrated sham transactions at the end of the second and third quarters of 2022, when Genesis’s books closed, to deceive Genesis lenders into believing that DCG was providing liquidity and equity to Genesis,” the complaint states.
Genesis also said it was forced to accept illiquid Grayscale Bitcoin Trust (GBTC) shares as collateral and was barred from selling them, creating major valuation risks.
“GBTC was illiquid because it could not be sold for six months after its purchase due to a lockup period imposed by the SEC, and DCG prohibited Genesis from reselling GBTC even after the lockup period ended,” the complaint states.
The complaint names DCG, Barry Silbert, former Genesis CEO Michael Moro, former DCG chief financial officer Michael Kraines, DCG President Mark Murphy and DCG’s investment banker Ducera Partners as defendants.
Related: Bankrupt crypto firm Genesis completes restructuring
A second complaint, filed in the US Bankruptcy Court for the Southern District of New York, alleges that DCG and its affiliates withdrew over $1.2 billion in US dollars and cryptocurrencies during the year leading up to Genesis’s bankruptcy.
These withdrawals, the LOC argued, were timed around major market events such as the collapses of Terra-Luna, Three Arrows Capital, and FTX — moments when Genesis was already insolvent.
Internal filings suggest insiders recovered 100% of their funds, while retail and institutional creditors were left exposed.
Genesis seeks to recover billions
In total, Genesis is seeking to recover more than $3.3 billion through the two lawsuits.
In April 2025, a New York judge ruled that most of the New York Attorney General’s civil fraud lawsuit against DCG, Silbert, and former Genesis CEO Michael Moro can move forward.
The suit accuses DCG and its bankrupt lending arm Genesis of misleading investors after the collapse of crypto hedge fund Three Arrows Capital, allegedly masking a $1 billion shortfall with a 10-year, low-interest promissory note.
While Gemini and Genesis have settled, DCG and the executives have fought the charges.
Genesis filed for bankruptcy in early 2023 with $14 billion in outstanding loans.
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A second man has been charged in connection with a series of fires linked to Prime Minister Sir Keir Starmer.
Romanian national Stanislav Carpiuc is accused of arson with intent to endanger life, the Metropolitan Police said.
He has been charged with conspiring together with Roman Lavrynovych, 21, and others unknown to damage by fire property belonging to another, intending to damage the property, and intending to endanger the life or another or being reckless as to whether the life of another would thereby be endangered.
The 26-year-old, from Romford, was arrested at London Luton Airport on Saturday and is due to appear at Westminster Magistrates’ Court this morning.
The charge relates to three fires.
A forensics officer outside the house in Kentish Town. Pic: PA
Pic: PA
Two of the fires took place in Kentish Town, north London. One occurred during the early hours of 12 May at the home where Sir Keir lived before he became prime minister and moved into Downing Street.
A car was set alight in the same street four days earlier on 8 May.
The other fire took place on 11 May at the front door of a house converted into flats in Islington.
Read more from Sky News:
Man killed in blaze ‘went to help firefighters‘
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Following Carpiuc’s arrest by counter-terrorism officers, he was held in police custody after a warrant of further detention was obtained.
Lavrynovych, a Ukrainian national from Sydenham in southeast London, has already been charged with three counts of arson with intent to endanger life in connection with the fires.
He denied the charges in a police interview.
Lavrynovych appeared at Westminster Magistrates’ Court on Friday and was remanded in custody until a further hearing at the Old Bailey scheduled for 6 June.
A third man, aged 34, was arrested in Chelsea in southwest London on Monday on suspicion of arson.
He remains in custody, the Metropolitan Police said.
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