The election of Donald J. Trump as President could have a significant impact on the crypto industry given his campaign promise of a pro-crypto administration. President Trump will be able to appoint a new chair of the...more
11/15/2024
/ Broker-Dealer ,
CFTC ,
Cryptoassets ,
Election Results ,
Enforcement Actions ,
Regulatory Agenda ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Trump Administration ,
Unregistered Securities
On October 21, 2024, the Securities and Exchange Commission Division of Examinations published its examination priorities for fiscal year 2025.1 In this alert, we offer ten observations for broker-dealers. Our observations...more
10/31/2024
/ Artificial Intelligence ,
Broker-Dealer ,
Compliance ,
Cryptoassets ,
ETFs ,
Exchange-Traded Products ,
Financial Industry Regulatory Authority (FINRA) ,
Form CRS ,
Information Reports ,
Investment Adviser ,
Regulation BI ,
Regulation S-P ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Third-Party Service Provider
The current SEC administration has expressed the view that most crypto assets are offered and sold as securities and has proposed several rules that address “digital asset securities” or “crypto asset securities.” In this...more
3/18/2024
/ Alternative Trading System (ATS) ,
Best Execution ,
Broker-Dealer ,
Cryptoassets ,
Custody Rule ,
Decentralized Finance (DeFi) ,
Market Participants ,
Proposed Rules ,
Regulatory Agenda ,
Safeguards Rule ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Dealers ,
Securities Exchange Act
On January 8, 2024, the Digital Assets and Blockchain Technology Subcommittee (the Subcommittee) of the Commodity Futures Trading Commission’s (CFTC or the Commission) Technology Advisory Committee (TAC) presented a 79-page...more
Decentralized Finance (DeFi) is an umbrella term used to describe financial services provided outside of the traditional markets, that rely on blockchain technologies to create innovative products instead of relying on...more
2/9/2024
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Blockchain ,
Broker-Dealer ,
CFTC ,
Commercial Insurance Policies ,
Cryptoassets ,
Decentralized Finance (DeFi) ,
Financial Services Industry ,
FinCEN ,
FinTech ,
IRS ,
Jurisdiction ,
Money Services Business ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Terrorist Financing Regulations ,
U.S. Treasury
On January 9, 2024, the Financial Industry Regulatory Authority published its 2024 FINRA Annual Regulatory Oversight Report. Previously titled Report on FINRA’s Examination and Risk Monitoring Program, the Report is released...more
1/18/2024
/ Artificial Intelligence ,
Best Execution ,
Broker-Dealer ,
Conflicts of Interest ,
Cryptoassets ,
Electronic Communications ,
Equity Securities ,
Financial Industry Regulatory Authority (FINRA) ,
Fixed Income Investments ,
Public Communications ,
Regulation Best Interest ,
Regulation BI ,
Regulation SHO ,
Regulatory Oversight ,
Retail Investors ,
Retail Sales ,
Securities and Exchange Commission (SEC)
On May 5, New York Attorney General Letitia James announced a landmark legislative proposal—titled the Crypto Regulation, Protection, Transparency, and Oversight (CRPTO) Act (hereinafter, the Proposal)—to tighten regulations...more
A flurry of activity on January 27 signaled continued skepticism from the Federal Reserve of crypto-asset-related activities generally and open, public or decentralized networks in particular....more
The emergence of digital assets has brought new risks and challenges, including the potential exploitation of the technology to facilitate financial crime.
The U.S. Department of Justice has committed to work with its law...more
1/10/2023
/ Bank Secrecy Act ,
Civil Liability ,
Criminal Liability ,
Cryptoassets ,
Department of Justice (DOJ) ,
Digital Assets ,
Economic Sanctions ,
Enforcement Priorities ,
Fraud ,
Securities Fraud ,
Wire Fraud
On January 3, the Board of Governors of the Federal Reserve (FRB), Federal Deposit Insurance Corporation (FDIC) and Office of the Comptroller of the Currency (OCC) issued a Joint Statement on Crypto-Asset Risks to Banking...more
1/9/2023
/ Banking Sector ,
Commercial Bankruptcy ,
Cryptoassets ,
Cryptocurrency ,
FDIC ,
Financial Regulatory Agencies ,
FRB ,
Joint Policy Statements ,
NYDFS ,
OCC ,
Prudential Standards ,
Risk Alert ,
Risk Assessment