Autor Cointelegraph By Brayden Lindrea

Congress will likely decide the fate of crypto jurisdiction: Lummis staffer

A United States Senator Cynthia Lummis staffer believes that U.S. Congress will have to step in and resolve the dispute between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) regarding who regulates cryptocurrencies if the matter cannot be resolved internally. The issue stems from 2014 when the CFTC first asserted jurisdiction over virtual currencies. This was later reaffirmed by a U.S. Federal Court ruling in 2018, which stated that CFTC had jurisdiction to prosecute criminals over fraud cases involving virtual currencies. However, it has been the SEC that has predominantly been investigating U.S.-based crypto exchanges and crypto assets to date.On Aug. 3, Senators Debbie Stabenow (Michigan) and John Boozman (Arkansas) introduced the Digital Commodities Consumer Protection Act of 2022 (DCCPA). If the bill is passed into law by the U.S. legislature, the CFTC would be granted rights to regulate digital commodities. Most notably, the DCCPA would class both Bitcoin (BTC) and Ether (ETH) as digital commodities and not securities. This is particularly significant because SEC chairman Gary Gensler recently said in an interview with U.S. business news channel CNBC that BTC is the only cryptocurrency he is comfortable with labeling as a commodity:“Some, like Bitcoin — and that’s the only one I’m going to say because I’m not going to talk about any one of these tokens, but my predecessors and others have said they’re a commodity.”But despite the tension, Lummis’ staffer thinks the DCCPA bill has less than a 50% chance of being passed this year:“The only way either bill would pass this year is if a catastrophic black swan event, like a major U.S. exchange collapsing, could rally lawmakers.”The news comes after the SEC has begun investigating the $20 billion crypto exchange Coinbase, but Lummis’ staffer also stated that every U.S.-based crypto exchange is under investigation in some form. Related: Coinbase SEC investigation could have ‘serious and chilling’ effects: LawyerUnder U.S. law, the Howey test determines whether a transaction constitutes an investment contract (security). The test states that an investment contract exists “when there is the investment of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others.”If ETH, or any crypto asset for that matter, is found to fall within this definition, then U.S.-based crypto exchanges would be illegally trading securities. The SEC recently listed nine crypto-assets as securities.

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Crypto fundraising already outpacing all of 2021: Report

Despite the ongoing market slump, the crypto sector has already raised $30.3 billion in funds, outpacing an entire year of fundraising in 2021, a new report shows. In a report on Aug. 2 by crypto analytics firm Messari and Dove Metrics, the data shows that the $30.3 billion raised in centralized finance (CeFi), decentralized finance (DeFi), nonfungible tokens (NFTs), and infrastructure was achieved through 1199 funding rounds in H1 2022.The total amount of raised funds in the six-month period has already outpaced the $30.2 billion raised in 1313 rounds across the entire of 2021. More than a third of the total funds raised went into the CeFi sector, which saw $10.2 billion in funding. The infrastructure and NFT sector also saw high amounts of investment, however, DeFi investments appear to have trailed with only $1.8 billion in funding in the period. CeFI– > exchanges led the way here as well. CeFi brought in in $10.3B in the first six months of the year, with almost half of all funding rounds totaling more than $10M pic.twitter.com/i5nIENyMdD— Dunleavy (@dunleavy89) August 2, 2022Most of the investment in CeFi was targeted at crypto exchanges, which raised $3.2 billion in total funding. Payment services, market makers, and savings/banking accounts businesses were near tied for second place. The Web3 and NFT sector, which raised $8.6 billion in funds during the half-year, saw gaming-related NFTs capture the lion’s share of investment, raising more than four times as much as any other NFT vertical. Some of the currently popular NFT-based crypto games include Axie Infinity, Aavegotchi, CryptoKitties, Galaxy Fight Club, and Gods Unchained.Related: NFT volume sees yearly low in June, but first-time buyers remain consistentAccording to PWC’s latest hedge fund report in June, 38% of hedge funds are now investing in digital assets, up from 21% in 2021. PWC Global financial services leader John Garvey said crypto is increasingly being used by hedge fund managers to get an edge on competitors:“It’s the search for alpha. Everyone is always looking for an angle in… so how are you going to beat the benchmarks? You have to try something different and new and unorthodox.”

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ETH may consolidate as Merge excitement wears off, says expert

After a surge in Ethereum (ETH) prices last week, the cryptocurrency may now be treading in a consolidation phase, says asset management firm IDEG’s chief investment officer. In a report shared with Cointelegraph on Monday, the author of the report, Markus Thielen said he while he has been bullish on ETH prices six weeks ago, he has now turned “cautious.”The thesis has been based on macro factors and price analysis of the cryptocurrency, noting that the Fed still continues to “ramp up its Quantitative Tightening (QT) program which drains liquidity,” while noting that ETH’s prices had reached technical resistance at around $1,800.The asset management firm also noted that this has come as Ethereum has seen a 47% drop in network revenue, a decrease in total volume locked (TVL) and there was also a decrease in the stablecoin market cap with USDC experiencing $1.1 billion of outflow over the last week.Speaking to Cointelegraph on Tuesday, IDEG chief investment officer Markus Thielen noted that the recent price rally has not been supported by a change in fundamentals. Thielen also believes that hype around the “Ethereum Merge” is now experiencing a downward trend, illustrated by recent Google search data.Source: “Ethereum Merge” Google trends results: Google, IDEG Research.Thielen suggested that this “Merge fatigue” indicates that ETH is set for a consolidation period prior to the upcoming Merge on September 19. But Thielen also added that this may open up doors for more buying opportunities:“Ideally, a drop into the end of August would set us up for another great entry-level”.Related: Pro traders may use this ‘risk averse’ Ethereum options strategy to play the MergeThielen also commented on the interesting correlation between ETH price and Ethereum Merge Google search results that is currently at play:“It is a good indicator for sentiment and interest, but it will eventually break down and become irrelevant. Nevertheless, it might offer some insights into timing current Ethereum’s price change into the event”.Following the Merge, Thielen is of the view that ETH price will be mostly influenced by how fast adoption rates increase:“While gas fees might stay the same, the adoption curve might not rise initially as fast as many hope, this could make ETH slightly valued, when measured in pure cashflow terms”.ETH is currently priced at $1,587 at the time of writing, down 6.24% over the last 24 hours.

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SEC charges 11 individuals over $300M crypto ‘pyramid scheme’

The Securities and Exchange Commission (SEC) has charged 11 individuals for their alleged role in the creation of a “fraudulent crypto pyramid scheme” platform Forsage. The charges were laid in a United States District Court in Illinois on August 1, with the SEC alleging that the founders and promoters of the platform used the “fraudulent crypto pyramid and Ponzi scheme” to raise more than $300 million from “millions of retail investors worldwide.”The SEC complaint states that Forsage was modeled such that investors would be financially rewarded by recruiting new investors to the platform in a “typical Ponzi structure,” which spanned multiple countries including the United States and Russia. According to the SEC, a Ponzi scheme is an investment fraud that pays existing investors with funds collected from new investors. These schemes often solicit new investors by promising to invest funds in opportunities that generate high returns for little risk. In the court document, the SEC stated that: “It [the Forsage platform] did not sell or purport to sell any actual, consumable product to bona fide retail customers during the relevant time period and had no apparent source of revenue other than funds received from investors. The primary way for investors to make money from Forsage was to recruit others into the scheme.”According to the SEC, Forsage’s alleged Ponzi scheme works by firstly enabling new investors to set up a crypto-asset wallet and purchase “slots” from Forsage’s smart contracts. Those slots would give them the right to earn compensation from others whom they recruited into the scheme, referred to as “downlines”, and also from the community of Forsage investors in the form of profit sharing, referred to as “spillovers”.Carolyn Welshhans, Acting Chief of the SEC’s Crypto Assets and Cyber Unit called Forsage a “fraudulent pyramid scheme launched on a massive scale and aggressively marketed to investors.”She also added that decentralized technologies cannot act as an escape route for illegal conduct: “Fraudsters cannot circumvent the federal securities laws by focusing their schemes on smart contracts and blockchains.”In addition to the four founders, who include Vladimir Okhotnikov, Jane Doe aka Lola Ferrari, Mikhail Sergeev, and Sergey Maslakov, the SEC’s complaint also included seven promoters, three of which were in a U.S.-based promotional group called the “Crypto Crusaders”.All 11 individuals have been charged with violating “Unregistered Offers and Sales of Securities” under Section 5 A & C and “Fraud” under Section 17(a) (1 & 3) of the US Securities Act. The defendants have also been charged with “Fraud” under Section 10 B-C of the US Exchange Act.These efforts enabled the Ponzi structure to capture the massive scale that it achieved from retail investors buying into the model over the last two years, said Welshhans.Related: How to identify and avoid a crypto pump-and-dump scheme?In September 2020, Forsage was subject to cease-and-desist orders from the Philippines SEC. In March 2021, the platform also received cease and desist orders from the Montana Commissioner of Securities and Insurance.Forsage’s YouTube channel shows that their platform was promoted as little as ten days ago. The platform’s Twitter account also appears active. Cointelegraph reached out to Forsage to provide a comment on the matter but did not receive an immediate response. 

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Facebook's metaverse will ‘misfire,’ says Vitalik Buterin

Ethereum co-founder Vitalik Buterin doesn’t believe that any of the existing attempts by corporations to create a Metaverse are “going anywhere,” pointing to Meta as being one he believes will “misfire.” Responding to a tweet from Dialectic co-founder Dean Eigenmann, who believes venture capitalists may be wrong about what constitutes an ideal metaverse, Buterin said that while he believes “The metaverse is going to happen,” he doesn’t think any of the current attempts from corporates such as Mark Zuckerberg’s Meta are “going anywhere.”The “metaverse” is going to happen but I don’t think any of the existing corporate attempts to intentionally create the metaverse are going anywhere. https://t.co/tVUfq4CWmP— vitalik.eth (@VitalikButerin) July 30, 2022The Metaverse is generally described as a highly-interactive 3D online world focused on social connection, with some looking to eventually be powered by augmented reality (AR) and virtual reality (VR). Buterin’s comments come despite a number of successful metaverse projects recently being launched on blockchain technology like Decentraland (MANA) and The Sandbox (SAND). However, Buterin stated that its use cases are still not clear, adding that he didn’t think Meta’s attempt at creating a metaverse will be successful in its current form. “We don’t really know the definition of ‘the metaverse’ yet, it’s far too early to know what people actually want. So anything Facebook creates now will misfire.”Meta has built a number of AR and VR applications, such as the Meta Horizons Workroom, a VR room for colleagues to connect and collaborate on ideas. Meta has also built first-generational smart glasses that allow users to connect to the metaverse by recording audio and video and being surrounded by virtual worlds.My critique is deeper than “Metaverse Wikipedia will beat Metaverse Encyclopedia Britannica”. It’s that we don’t really know the definition of “the metaverse” yet, it’s far too early to know what people actually want. So anything Facebook creates now will misfire.— vitalik.eth (@VitalikButerin) July 31, 2022

Other critics are of the view that centralized metaverses such as those proposed by Meta and Microsoft may affect the decentralization of ownership of goods and services within those metaverses. On the other hand, metaverse developers like Decentraland and Sandbox have come together with several Web3 projects to launch the Open Metaverse Alliance (OMA3), which focuses on building more transparent, inclusive, decentralized and democratized metaverses. Related: 34% of gamers want to use crypto in the metaverse, despite the backlashThe Metaverse Standards Forum (MSF) also strives to build on these values and establish standards for a more open and interoperable metaverse. Meta, Microsoft, Nvidia, Alibaba, Unity and Sony are among the 35 tech companies that became members of the MSF.This reflects well Meta CEO Mark Zuckerberg’s letter to stakeholders in October last year, where he said that the Metaverse is the next chapter for the internet, adding, “We’re seen as a social media company, but in our DNA, we are a company that builds technology to connect people, and the metaverse is the next frontier.” 

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