Autor Cointelegraph By Brian Newar

Senator's Financial Freedom Act would ensure Bitcoin can be in your 401(k)

Republican Senator Tommy Tuberville from Alabama has unveiled a new bill he calls the Financial Freedom Act to allow Americans to add cryptocurrency to their 401(k) retirement savings plan unencumbered by regulatory guidance.The new bill is Tuberville’s response to the Department of Labor’s (DOL) push to potentially keep crypto out of 401(k) investment plans due to its perceived potential for risk to investors. As reported by Cointelegraph, the DOL said employees who choose to invest in crypto through their 401(k) could attract legal attention.In an op-ed for CNBC on May 5, Senator Tuberville stated: “The Federal Government has no business interfering with the ability of American workers to invest their 401(k) plan savings as they see fit.”He said the DOL’s March 10 policy change against the use of brokerage windows by employees to self-direct their income investments is “inconsistent with longstanding practice.”  NEW BILL ALERT: I just introduced the #FinancialFreedomAct, allowing retirement savers to invest their 401(k) funds as they see fit. The government should not be in the business of telling retirement savers how they can invest their money.https://t.co/6LGtpxquOW— Coach Tommy Tuberville (@SenTuberville) May 5, 2022Brokerage windows let 401(k) investors take control of what investments their account invests in rather than accepting what their employer’s broker chooses for them. The Senator continued:“The agency’s new guidance ends this tradition of economic empowerment in favor of Big-Brother government control. Additionally, the Labor Department’s overreaching guidance seeks to place a massive new regulatory burden on 401(k) plan fiduciaries by requiring them to assess the suitability of investments offered through a brokerage window and to restrict investment options.”Investment managing firm Fidelity Investments said on Apri. 26 it would begin allowing customers to include Bitcoin (BTC) in their 401(k) accounts. This caused Democratic Senators Elizabeth Warren and Tim Smith to argue in a letter to Fidelity CEO Abigail Johnson that there may be a conflict of interest since the firm has been working with crypto products since 2017. They also mentioned that crypto investments bear “significant risks of fraud, theft and loss.” Senator Warren is a vocal opponent of crypto investments, referring to the industry last year as the “new shadow bank.”While the DOL’s new guidance does not name Fidelity specifically, it notes that abuses of monetary law through cryptocurrency could lead to the shut down of trading platforms, which ultimately hurts investors.Related: Virginia county wants to put pension funds into DeFi yield farmingSenator Tuberville promised that the Financial Freedom Act would prohibit the DOL from limiting what types of investments a self-directed 401(k) retirement plan can invest in. He stated succinctly at the end of his op-ed that, “The Labor Department should not be able to limit the range or type of investments retirement savers can select.”“Whether or not you believe in the long-term economic prospects of cryptocurrency, the choice of what you invest your retirement savings in should be yours — not that of the government.”So far, no other senators have yet voiced public support for the brand new bill. It would need to gain a majority of votes in the Senate to be passed along to the House of Representatives for further review. Democrats currently hold a majority in the Senate, which makes passage of the legislation a steep, uphill battle. However, Tuberville has made his point loud and clear.

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Court orders BitMEX founders to pay $30M civil penalty

The U.S. District Court for the Southern District of New York has ordered a total of $30 million civil monetary penalties from the three co-founders of BitMEX crypto derivatives exchange, including former CEO Arthur Hayes.Hayes, Benjamin Delo, and Samuel Reed were each fined $10 million in consent payments according to a statement from the Commodity Futures Trading Commission (CFTC) at the conclusion of a court battle on May 5 in which the CFTC said they violated aspects of the Commodity Exchange Act and CFTC regulations from November 2014 to October 2020. CFTC: Bitmex Co-Founders Ordered to Pay $10 Million Each— db (@tier10k) May 5, 2022The CFTC filed suit against the exchange and its three co-founders on Oct. 1, 2020. In a rundown of the conclusion of the case today, the Commission stated that the defendants were accused of “operating the BitMEX platform while conducting significant aspects of BitMEX’s business from the U.S., and unlawfully accepting orders and funds from U.S. customers to trade cryptocurrencies,” including Bitcoin (BTC), Ether (ETH), and Litecoin (LTC) derivatives.The CFTC said unlawful acts included the operation of a facility to trade or process swaps without having CFTC approval to operate as a Designated Contract Market or a Swap Execution Facility. It said they had also operated as a Futures Commission Merchant without CFTC registration, failed to implement a Customer Information Program and Know-Your-Customer procedures or an adequate Anti-Money Laundering program.CFTC Commissioner Carline D. Pham said in a separate May 5 statement that her Commission is committed to pursuing “wrongdoers with an unfair advantage” that operate in violation of the law.“By enforcing individual accountability for registration, market conduct, and anti-money laundering rules—fundamental aspects of the U.S. regulatory framework—the CFTC is ensuring that BitMEX’s management is held responsible after last year’s $100 million dollar settlement with corporate defendants.”Additional legal battlesAccording to reporting from Cointelegraph in February, Hayes and Delo pleaded guilty to violating the Bank Secrecy Act in a separate case filed by the DOJ. In the plea, they admitted to “willfully failing to establish, implement and maintain an Anti-Money Laundering (AML) program.”Bloomberg reported on May 5 that Hayes’s mother was particularly concerned with how the federal judge presiding over the DOJ’s case would sentence her son. The defense offered a letter from her asking for a lenient sentence, and his lawyers requested a sentence of probation without house arrest or community confinement.Related: Dfinity Foundation files lawsuit against Meta over infinity logoLast August, Cointelegraph reported that BitMEX agreed to pay $100 million in consent payments to both the CFTC and the Financial Crimes Enforcement Center (FinCEN) in order to resolve a separate case where the CFTC and FinCEN said exchange operators HDR Global Trading Limited, 100x Holding Limited, ABS Global Trading Limited, Shine Effort Inc Limited and HDR Global Services Limited illegally operated the exchange.

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Socios signs up Major League Soccer — but it’s not a token effort yet

Fan token platform Socios has partnered with 26 Major League Soccer (MLS) teams to offer fan engagement experiences and rewards, but so far no fan tokens have been announced.The biggest pro soccer league in the U.S. made a joint announcement with Socios on Wednesday detailing that the partnership will help fans gain access to “exclusive rewards, polls, and opportunities” for the 26 partnered MLS clubs. Welcome to https://t.co/2FROhSNgw8, @MLS. pic.twitter.com/340He1OzQA— Socios.com (@socios) May 4, 2022Although the announcement did not mention any specific fan engagement events, it stated that “MLS envisions that fans will be able to have the chance to win prizes for making correct game-related predictions and for correctly answering questions.”MLS raked in $816 million in total revenue from ticket sales and merchandising in 2019 from 8.6 million fans according to Statista and Wikipedia. Data from 2020 and 2021 is heavily skewed due to Covid restrictions.Socios has now partnered with over 125 sports teams across eight international sports leagues according to its website. Most partnerships involve the creation of fan tokens that buyers use to participate in events and earn exclusive access to perks.Fan tokens represent a fairly big business in their own right, with a market cap of about $255 million according to CoinGecko data. The majority of such tokens are from European soccer teams.Engaging with fans inevitably includes issuing memorabilia, which Socios has issued through nonfungible tokens (NFT) for European soccer teams in conjunction with the Chiliz (CHZ) platform. Socios and Chiliz also signed marketing partnerships with 13 NFL teams to create NFTs.The news however has not been warmly welcomed by MLS fans on Twitter, with some fans venting their distaste for the partnership. A quick glance on Twitter suggests the majority of tweets from fans across the league have been negative, with many pointing to Socios’s existing partnerships with European soccer leagues.Blowback from fans may have been fueled by mainstream media coverage of the emerging market. An Apr. 29 article from sports news outlet The Athletic painted the tokens and their marketing tactics essentially as pump and dump schemes designed to raise revenues.The official Twitter account for Dynamo Theory, the community supporting the Houston Dynamo MLS team, tweeted today “You will never see fans across MLS come together over something like they have [over] this Socios sponsorship.” Related: Gatorade trademark applications hint at joining the metaverseWhen asked to confirm what it meant by the tweet, the admin from the account told Cointelegraph that the tweet is not against the partnership, but said: “Just read the replies and quote tweets on every team’s announcement.” They offered the LA Galaxy’s thread as an example, which has a few unimpressed fans. pic.twitter.com/sQxb9im5JE— Carlos (@OsoFresh138) May 5, 2022

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Bitcoin-friendly Republican candidate JD Vance wins Ohio Senate primary

JD Vance has won the Ohio Republican Senate primary election, making him the GOP’s candidate in the highly anticipated Senate race against Democrat Tim Ryan in which both parties are trotting out crypto-friendly candidates.The Guardian reported that Vance may have been pushed to victory on Tuesday by a last-minute endorsement from former President Donald Trump on Apr. 23, helping him beat out presumed front-runner, the former state treasurer Josh Mandel.Both Vance and Mandel are crypto supporters, with Mandel famously tweeting “Ohio must be a pro-God, pro-family, pro-Bitcoin state.”.Vance has disclosed Bitcoin (BTC) holdings valued at up to $250,000, which at today’s value could be about 6.5 coins according to CoinGecko. He was also backed by Bitcoin proponent and billionaire investor Peter Thiel through a Super PAC. Bloomberg reported on Apr. 20 that Thiel donated $3.5 million to the Protect Ohio Values Super PAC.Democrat Tim Ryan meanwhile stands in favor of a law that helps simplify the digital asset tax reporting requirements.A report from CNBC on May 3 highlights how cryptocurrency investors are also having a noticeable impact on the upcoming midterm elections which will take place in November. Largest among them appears to be CEO and founder of crypto exchange FTX Sam Bankman-Fried (SBF). SBF has been a high-profile political donor since the last presidential election when he was the second largest financial contributor to President Joe Biden’s campaign.SBF has formed another Political Action Committee (PAC) called the Protect Our Future PAC. It has raised over $14 million as of March 31, and CNBC reports that it could be used to have a dramatic impact on the upcoming elections. There are also the GMI PAC and the HODL PAC, which hold a combined $6.3 million and which are backed by other FTX employees to support midterm candidates.Related: Crypto advocate mounts challenge to longtime Silicon Valley CongresswomanHowever, candidates who have opted to decline funding from PACs may take issue with all the crypto money flying around. Democratic Ohio State Congressional candidate Nina Turner tweeted on Apr. 15 that she “is not for sale,” alluding to opponent (and victor) Shontei Brown who accepted PAC money for her campaign.

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South Korea's new president delays crypto taxes in favor of consumer protections

South Korea’s newly-elected president Yoon Seok-yeol announced Tuesday he would push to defer taxation on crypto investment gains at least until a new set of regulations called the Digital Asset Basic Act is enacted.South Korea’s crypto tax was initially set to come into effect for the 2022 fiscal year, but was pushed back to 2023 last December. E-daily reported that Yoon will ensure the crypto tax law does not come into effect until a reasonable legislation is in place to protect consumers, which could be by 2024.The president-elect’s presidential transition team has been exploring its options in delaying the tax since March, when Yoon won the election, on the grounds that there was insufficient legislation in place to justify levying taxes on digital assets. DABA was conceived of by the Financial Services Commission (FSC) this year and entails a series of laws related to consumer protections. The act pertains to token issuances, nonfungible tokens (NFT), centralized exchange (CEX) listings, international finance as it relates to crypto, and includes a response to US President Joe Biden’s executive order on crypto.Through DABA, the FSC plans on introducing a crypto insurance system as a backstop measure against hacks, system errors, and unauthorized transactions. The controversial crypto tax legislation that’s been delayed yet again would levy a 20% tax on crypto investment gains above about $2,100 per year.An FSC representative told E-daily on Tuesday that “taxation of investment income from virtual assets should be done after investor protections are in place.”South Korean crypto venture capital firm Hashed CEO Simon Kim agreed, telling Cointelegraph today that “it doesn’t make sense to impose a tax on cryptocurrency before enacting relevant statutes, which clearly state cryptocurrency-related businesses’ scope and are a prerequisite for taxation.” “Without profound research on the industry and robust implementation strategies, promoting taxation on cryptocurrency can cause a variety of accidents and raise some serious issues in taxation equity because an investor protection system for cryptocurrency has yet to be implemented.”Related: Upbit owner Dunamu could see ‘monopoly’ curbed after investment controversyWhile the FSC works to draft new bills as part of DABA, Yoon plans to establish the Digital Industry Promotion Agency to serve as the reference point for regulatory issues in the crypto industry.

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