Autor Cointelegraph By David Attlee

European stock exchange to list Bitcoin carbon neutral ETP

A subsidiary of DeFi Technologies, Valour, will debut its new Carbon Neutral Bitcoin Exchange Traded Product (ETP) on the Frankfurt Stock Exchange. Trading of the ETP begins on Sept. 23. The company positions its ETP as a “sustainable and climate-friendly” exposure to Bitcoin with a management fee of 1.49%. The alignment with global environmental goals and Environmental, Social and Corporate Governance (ESG) is reportedly achieved through funding certified carbon removal and offset initiatives to neutralize the associated BTC carbon footprint.To structure the ETP, Valour partnered with Patch — a platform that provides climate action infrastructure and has previously worked with Andreessen Horowitz and other notable institutional investors. The announcement states:“All carbon emissions linked to the investment will be automatically targeted to achieve carbon neutral output using Patch’s API-based solution, which takes into account various inputs, such as the efficiency of mining equipment, distribution of hash power, and nation level carbon emission data, to estimate the amount of carbon emissions the Valour portfolio has.”Patch will be responsible for selecting the projects upon based on their environmental integrity. These criteria will include “additionality, real and verifiable permanence, and negativity.”Related: ‘Market will decide’ on post-Merge Ethereum ETPs, says crypto executiveValour’s existing soffering of ETPs includes Valour Binance (BNB), Valour Uniswap (UNI), Cardano (ADA), Polkadot (DOT), Solana (SOL), Avalanche (AVAX), Cosmos (ATOM) and Enjin (ENJ). In March 2022, the company reported that it has reached $274.2 million in assets under management.Despite crypto markets tanking this year, the interest in crypto-related financial products isn’t fading. In July, Swiss crypto investment firm 21Shares launched two new ETPs offering investors exposure to the largest cryptocurrencies — Bitcoin (BTC) and Ether (ETH) — while aiming to soften volatility via rebalancing assets to the United States dollar.

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Chamber of Digital Commerce gets approval to join the SEC vs Ripple lawsuit

A United States crypto advocacy group, the Chamber of Digital Commerce (CDC), has been granted approval from the Court of Southern District of New York to participate as an amicus curiae in the U.S. Securities and Exchange Commission (SEC) case against Ripple Labs. The status of “friend of the court” permits them to assist a court by providing information, expertise or insight. An order was signed by Judge Analisa Torres on Sept. 21. The CDC shall file its brief by Sept. 26. While explaining its interest in the case, the CDC legal team emphasized the far-reaching consequences of the court decision, namely, whether the law applicable to the securities transaction is properly distinguished from the one applicable to secondary transactions.The case was opened in 2020 when the SEC alleged that Ripple and its executives Brad Garlinghouse and Christian Larsen sold XRP as unregistered securities worth over $1.38 billion. The outcome of this case could determine whether XRP is a security. If the judge rules in favor of the SEC, it could be the precedent the commission needs to pursue legal action against other crypto projects that sold tokens similarly to Ripple.Related: CFTC commissioner visits Ripple offices as decision in SEC case loomsReacting to the CDC’s application for an amicus curiae status, the SEC has requested the court to grant additional time and pages if more amicus briefs are allowed. Ripple objected to the SEC’s demand, calling it “yet another transparent attempt to further delay resolution of this case.” In July the SEC attempted to repeal the “amici curiae” status of XRP holders, but Judge Analisa Torres dismissed the request.

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New York Judge orders Tether to document USDT backing

The judge for the United States District Court for the Southern District of New York, Katherine Polk Failla, ordered Tether to prove 1-to-1 backing of its eponymous stablecoin, Tether (USDT). The company is required to provide “general ledgers, balance sheets, income statements, cash-flow statements, and profit and loss statements” and other documents to the court. The order was published on Tuesday as a part of a case that started back in 2019 — the initial complaint by a group of investors against iFinex, Tether and Bitfinex’s parent company, alleged that the firm manipulated the crypto market by issuing unbacked Tether with an intention to inflate the price of cryptocurrencies like Bitcoin (BTC). Judge Polk Failla dismissed the iFinex requests to block the order on the grounds that the company has earlier produced the documents “sufficient enough” for the Commodity Futures Trading Commission and the New York Attorney General. She found that the Plaintiffs’ demand for “undoubtedly important” documents is well-established as they “appear to go to one of the Plaintiffs’ core allegations.”Related: Tether USDT stablecoin goes live on Near Protocol to boost DeFi presencePreviously, in September 2021, Judge Polk Failla dismissed the Plaintiffs’ claims against iFinex under the Racketeer Influenced and Corrupt Organizations Act and allegations related to racketeering or using the proceeds of racketeering for investments.In February 2021, in another case settled with the Office of the New York Attorney General, iFinex agreed to pay $18.5 million for damages to New York and submit to periodic reporting of their reserves in addition to stopping service to customers in the state. The settlement came after a 22-month inquiry into whether the company had been trying to cover up its losses — touted to be worth $850 million — by misrepresenting the degree to which its USDT reserves were backed by fiat collateral.

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Alameda Research ‘happy to return’ $200M loan to Voyager Digital

Quantitative trading company Alameda Research will return an estimate of $200 million to Voyager Digital, which is proceeding through bankruptcy. Alameda borrowed the funds in cryptocurrencies in September 2021. At that time, the sum was close to $380 million. Per a recent filing in the Bankruptcy Court of Southern District of New York, the parties have reached an agreement, and Alameda will return around 6,553 Bitcoin (BTC) and 51,000 Ether (ETH) by Sept. 30. In its corporate Twitter account Alameda confirmed its readiness to return the funds: happy to return the Voyager loan and get our collateral back whenever works for voyager— Alameda Research (@AlamedaResearch) July 8, 2022In its turn, Voyager will have to return the collateral in the form of 4.65 million FTX Tokens (FTT) and 63.75 million Serum (SRM), which amounts to $160 million by press time. The company has been undergoing Chapter 11 bankruptcy procedures since July and started to auction off its assets in September in order to return part of the funds to customers. During the bankruptcy case, the court proceedings and financial documents have shown a deep relationship between Voyager and Alameda. In June, when Voyager got in trouble, Alameda moved from a borrower to a lender and offered a $500 million bailout. However, that led to a public conflict between the two sides with Voyager rejecting a buyout, claiming it could “harm customers.”Related: Alameda Research and FTX merge VC operationsMoreover, Voyager’s financial books indicate that it lent out $1.6 billion in crypto loans to an entity based in the British Virgin Islands, the same place where Alameda is registered. At the same time, Alameda was also the biggest stakeholder in Voyager, with an 11.56% stake in the company acquired through two investments for a combined total of $110 million. Earlier this year, Alameda surrendered 4.5 million shares to avoid reporting requirements, bringing its equity down to 9.49%.Like several other crypto platforms and lending entities, including Celsius, BlockFi and Hodlnaut, Voyager struggled to continue its operations in the aftermath of the global crypto market downfall in the early Summer of 2022.

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White House’s first crypto framework and missed opportunities — Law Decoded, Sept. 12-19

By the end of last week, the federal agencies presented the results of their six-month-long work on the principal directions for digital assets regulation in the United States. The resulting first-ever crypto framework, published on the White House website, may not contain many surprises or exact details, but, as a part of President Joe Biden’s executive order, it will undoubtedly affect the policymaking decisions to come. Perhaps the most important section of the framework is dedicated to central bank digital currencies (CBDCs). It revealed that the administration has already developed policy objectives for a U.S. CBDC system, but further research on the possible technological foundation of that system is needed. Still, the intent seems pretty serious as the Treasury will lead an interagency working group with the participation of the Federal Reserve, the National Economic Council, the National Security Council and the Office of Science and Technology Policy. The industry didn’t take the document well, as the policymakers’ focus on security and enforcement is all too visible. Kristin Smith, executive director of the U.S.-based Blockchain Association, called it “a missed opportunity to cement U.S. crypto leadership,” highlighting its heavy emphasis on risks, not opportunities, and the lack of substantive recommendations on the promotion of the crypto industry. Speaking to Cointelegraph, Sheila Warren of the Crypto Council for Innovation said the policy recommendations seemed to be based on an “outdated and unbalanced understanding” of crypto, which could leave the details to be determined by other lawmakers or the next administration. The Merge and its regulatory repercussionsEthereum’s upgrade to proof-of-stake (PoS) may have placed the cryptocurrency back in the crosshairs of the Securities and Exchange Commission. SEC chairman Gary Gensler reportedly said that cryptocurrencies and intermediaries that allow holders to “stake” their crypto may define it as a security under the Howey test. Gensler went on to say that intermediaries offering staking services to their customers “looks very similar — with some changes of labeling — to lending.” The SEC has previously said they didn’t see Ether (ETH) as a security, with both the Commodity Futures Trading Commission (CFTC) and the SEC agreeing that it acted more like a commodity.Continue reading18 potential design forms for the American CBDC The Office of Science and Technology Policy submitted a report analyzing the design choices for 18 central bank digital currency systems for possible implementation in the U.S. The technical analysis of the 18 CBDC design choices was made across six broad categories: participants, governance, security, transactions, data and adjustments. Helping policymakers decide on the ideal US CBDC system, the OSTP report highlighted the implications of including third parties in the two design choices under the “participants” category — transport layer and interoperability. For governance, the report weighed various factors related to permissions, access tiering, identity privacy and remediation.Continue readingThailand prepares to ban crypto lending The Securities and Exchange Commission (SEC) of Thailand is preparing to take radical measures in the aftermath of crypto lending platforms’ crashes experienced in Summer 2022. The Thai SEC plans to prohibit crypto platforms from providing or supporting digital asset depository services. The planned ban includes several principal points. It will prohibit operators from taking a deposit of digital assets with a promise to pay returns to depositors — even if the returns come not from the growing value of the assets but from the promotion budget. The advertising of lending and depositary services would also be banned.Continue reading

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