Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Washington watchdogs outgunned in crypto's Wild West

Washington watchdogs outgunned in crypto's Wild West

The oversight gaps that allowed for the disastrous failure of FTX underscore the deep risks of trading on unregulated digital currency exchanges.

The epic collapse of FTX and founder Sam Bankman-Fried’s investment empire has left Washington officials scratching their heads: Why didn’t U.S. regulators stop this mess before it took down the crypto market?

There wasn’t much they could do, according to more than a half-dozen interviews with regulators, lawmakers, lawyers and other compliance experts. The Bahamas-based exchange’s offshore location and sprawling corporate structure made it a difficult target for the federal agencies tasked with protecting investors from fraud and manipulation.

“Blaming them?” said John Reed Stark, a crypto skeptic who once led the Securities and Exchange Commission’s internet enforcement office. “That’s like Oswald blaming the Secret Service because he killed Kennedy.”

The oversight gaps that allowed for the disastrous failure of FTX — which until just weeks ago was one of the world’s most respected crypto businesses before it was exposed as a house of cards — underscore the deep risks of trading on unregulated digital currency exchanges. It has prompted policymakers in Congress and at federal agencies to consider new laws and more aggressive penalties to head off a future meltdown. Crypto has flourished in a regulatory gray area, where even activities that resemble traditional financial products have escaped oversight.

A big question is whether regulators have sufficient authority or need more power. Two key financial market agencies — the SEC and the Commodity Futures Trading Commission — are facing scrutiny about why they didn’t do more to shield consumers.


CEO of FTX Sam Bankman-Fried testifies during a hearing before the House Financial Services Committee December 8, 2021.

“Part of what we’re seeing is a sign that the financial regulatory system is not able to evolve as quickly as it needs to, to address emerging threats,” said Kate Judge, a professor at Columbia Law School.

FTX’s bankruptcy filings include hair-raising allegations of top executives — including Bankman-Fried, a former political mega-donor — treating FTX and its 130 affiliates like a slush fund. Behind its sleek veneer, FTX was actually a loosely organized network of investment firms, crypto businesses and holding companies with no centralized accounting system, little oversight of personnel and few internal controls to prevent Bankman-Fried and other employees from dipping into the company till.

“Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here,” FTX’s new CEO John Ray III, who previously managed Enron’s restructuring, wrote in a bankruptcy filing on Thursday. “This situation is unprecedented.”

Because FTX’s Bahamas-based parent company never registered with the SEC or the Commodity Futures Trading Commission — and spent tens of millions of dollars on a Washington influence campaign to fend off any argument that it was required to do so — FTX’s internal operations were never scrutinized like Wall Street banks or traditional exchanges.

The SEC and the CFTC have the power to launch investigations into businesses that aren’t registered with them, but there needs to be an indication of potential fraud or manipulation impacting the securities and derivatives markets they regulate.

“You can never stop fraud,” CFTC Chair Rostin Behnam said in a Nov. 14 interview. “A regulated entity is certainly going to be in a much better position to avoid issues around illegal activity or using customer money for illegal reasons.”

It’s one reason why SEC Chair Gary Gensler has been calling for crypto exchanges to register with his agency, according to sources familiar with the commission’s thinking. Registered exchanges have to fork over their books upon demand.

Gensler, who led the CFTC during the Obama administration, has argued for two years that securities laws cover most crypto activity.

But the SEC’s efforts to probe unregistered digital currency businesses are often met by fierce resistance — including costly legal battles from industry and broadsides from crypto-friendly lawmakers in Congress.

In March, Gensler even spoke with Bankman-Fried, fellow FTX executives and stock exchange operator IEX about IEX’s plans to enter the crypto market, according to people familiar with the meeting. FTX’s U.S. affiliate later announced an investment in IEX.

Before the executives could get far into their presentation, Gensler interrupted and spent the rest of the meeting talking about how crypto exchanges should meet the standards of stock exchanges, the people said, asking not to be named while discussing private conversations.

“I don’t think — under our framework — that there was an opportunity for the SEC to intervene in this case,” Rep. Stephen Lynch (D-Mass.), who chairs the House Financial Services Committee’s financial technology task force, said in an interview.

Senate Banking Chair Sherrod Brown (D-Ohio) said the SEC chief “believes he has the authority to do a lot of things, but Gensler’s problem was he inherited an agency that essentially opened the door for these crypto companies.”

The CFTC had oversight of one component of Bankman-Fried’s empire, LedgerX, a derivatives exchange that had been registered with the agency for roughly four years before it was acquired by FTX’s U.S. affiliate in 2021.

Critics such as the consumer group Better Markets have complained in recent days that the CFTC should have pursued red flags surrounding FTX.

But Behnam said the CFTC only has the ability to look at LedgerX — one of the FTX entities that’s not bankrupt and continues to operate.

“Any rational person would take from that that regulation worked,” said Behnam, who has repeatedly called on Congress to give his agency more authority over exchanges that facilitate trading of Bitcoin and other crypto commodities.

Behnam has thrown his support behind a Senate bill that would empower his agency to police digital assets, but the legislation is now facing political headwinds because it also had the backing of FTX.

Treasury Secretary Janet Yellen on Wednesday urged Congress to address crypto regulatory gaps that were identified in an Oct. 3 Financial Stability Oversight Council report spotlighting the dangers that could develop with the industry’s unregulated growth. The council is led by Treasury and includes other top financial regulators, including the heads of the SEC and the CFTC.

In the meantime, with Congress likely to be at odds for months over how to police the market, Yellen wants regulators to start stretching their authority.

“We have very strong investor and consumer protection laws for most of our financial products and markets that are designed to address these risks,” she said in a statement. “Where existing regulations apply, they must be enforced rigorously so that the same protections and principles apply to crypto assets and services.”

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Trump Called Viktor Orbán: "Why Are You Using the Veto"
Horror in the Skies: Plane Engine Exploded, Passengers Sent Farewell Messages
AI in Policing: Draft One Helps Speed Up Reports but Raises Legal and Ethical Concerns
Shame in Norway: Crown Princess’s Son Accused of Four Rapes
Apple Begins Simultaneous iPhone 17 Production in India and China
A Robot to Give Birth: The Chinese Announcement That Shakes the World
Finnish MP Dies by Suicide in Parliament Building
Outrage in the Tennis World After Jannik Sinner’s Withdrawal Storm
Class Action Lawsuit Against Volkswagen: Steering Wheel Switches Cause Accidents
UK Government Tries to Sue 4chan for Breaching Online Safety Act
Dogfights in the Skies: Airbus on Track to Overtake Boeing and Claim Aviation Supremacy
Tim Cook Promises an AI Revolution at Apple: "One of the Most Significant Technologies of Our Generation"
Are AI Data Centres the Infrastructure of the Future or the Next Crisis?
Miles Worth Billions: How Airlines Generate Huge Profits
Cambridge Dictionary Adds 'Skibidi,' 'Delulu,' and 'Tradwife' Amid Surge of Online Slang
Zelenskyy Returns to White House Flanked by European Allies as Trump Pressures Land-Swap Deal with Putin
The CEO Who Replaced 80% of Employees for the AI Revolution: "I Would Do It Again"
"Every Centimeter of Your Body Is a Masterpiece": The Shocking Meta Document Revealed
Character.ai Bets on Future of AI Companionship
China Ramps Up Tax Crackdown on Overseas Investments
Japanese Office Furniture Maker Expands into Bomb Shelter Market
Intel Shares Surge on Possible U.S. Government Investment
Hurricane Erin Threatens U.S. East Coast with Dangerous Surf
EU Blocks Trade Statement Over Digital Rule Dispute
EU Sends Record Aid as Spain Battles Wildfires
Beijing is moving into gold and other assets, diversifying away from the dollar
China Requires Data Centres to Source Majority of AI Chips Locally, For Technological Sovereignty
Escalating Clashes in Serbia as Anti-Government Protests Spread Nationwide
Category 5 Hurricane in the Caribbean: 'Catastrophic Storm' with Winds of 255 km/h
Trump Backs Putin’s Land-for-Peace Proposal Amid Kyiv’s Rejection
Digital Humans Move Beyond Sci-Fi: From Virtual DJs to AI Customer Agents
YouTube will start using AI to guess your age. If it’s wrong, you’ll have to prove it
Jellyfish Swarm Triggers Shutdown at Gravelines Nuclear Power Station in Northern France
OpenAI’s ‘PhD-Level’ ChatGPT 5 Stumbles, Struggles to Even Label a Map
Zelenskyy to Visit Washington after Trump–Putin Summit Yields No Agreement
High-Stakes Trump-Putin Summit on Ukraine Underway in Alaska
The World Economic Forum has cleared Klaus Schwab of “material wrongdoing” after a law firm conducted a review into potential misconduct of the institution’s founder
A Computer That Listens, Sees, and Acts: What to Expect from Windows 12
Bitcoin hits $123,000
Southwest Airlines Apologizes After 'Accidentally Forgetting' Two Blind Passengers at New Orleans Airport and Faces Criticism Over Poor Service for Passengers with Disabilities
United States Sells Luxury Yacht Amadea, Valued at Approximately $325 Million, in First Sale of a Seized Russian Yacht Since the Invasion of Ukraine
Russian Forces Advance on Donetsk Front, Cutting Key Supply Routes Near Pokrovsk
It’s Not the Algorithm: New Study Claims Social Networks Are Fundamentally Broken
Sixty-Year-Old Claims: “My Biological Age Is Twenty-One.” Want the Same? Remember the Name Spermidine
Saudi Arabia accelerates renewables to curb domestic oil use
The Billion-Dollar Inheritance and the Death on the Railway Tracks: The Scandal Shaking Europe
World’s Cleanest Countries 2025 Ranked by Air, Water, Waste, and Hygiene Standards
Denmark Revives EU ‘Chat Control’ Proposal for Encrypted Message Scanning
Perplexity makes unsolicited $34.5 billion all-cash offer for Google’s Chrome browser
Cristiano Ronaldo and Georgina Rodríguez announce engagement
×