a16z 02月19日
Crypto News & Regulatory Update: December 20, 2024 – January 17, 2025
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本文汇总了近期全球范围内影响Web3和加密货币行业的监管、法律和政策动态。重点包括:BitMEX因违反《银行保密法》被判缓刑并罚款;美国财政部和IRS发布数字资产经纪人报告规定的最终规则,将DeFi中的某些非托管软件提供商纳入“经纪人”范畴;美国第三巡回上诉法院要求SEC对拒绝Coinbase关于数字资产证券法规则制定的请求提供更完整的解释。此外,还涉及美国司法部对加密货币欺诈和洗钱行为的起诉,以及其他国家和地区的相关监管措施。

🏦 美国联邦法官判处BitMEX交易所两年缓刑并处1亿美元罚款,原因是其未能建立充分的反洗钱和KYC计划,违反了《银行保密法》。

💼 美国财政部和IRS发布最终规则,将DeFi中的某些非托管软件提供商(定义为“交易前端服务提供商”)纳入“经纪人”范畴,提高了行业监管的覆盖范围。

⚖️ 美国第三巡回上诉法院要求SEC对拒绝Coinbase关于数字资产证券法规则制定的请求给出更充分的解释,质疑SEC最初解释的合理性。

🚨 美国司法部起诉多起加密货币欺诈和洗钱案件,包括涉及Himalaya Coin、Himalaya Dollar的欺诈交易所,以及利用Blender.io和Sinbad.io等加密货币混合服务洗钱的行为,表明监管机构正在加大对非法加密货币活动的打击力度。

Editor’s note: Our Regulatory Updates series highlights the latest regulatory, legal, and policy happenings relevant to builders in web3 and crypto, as tracked and curated by the a16z crypto regulatory team. The roundups are based on recent news, guidance, legislation, and frameworks released by regulators, industry consortia, professional associations, banks, governments, and other entities as they impact the crypto industry (or applications) around the world. We also occasionally include select resources such as talks, posts, or other commentary — from us or from others — with the updates.? tl;drA federal judge sentenced global crypto exchange BitMEX to a two-year probationary period and fined it $100 million for violating the Bank Secrecy Act by willfully failing to establish, implement, and maintain an adequate anti-money laundering and know-your-customer program.The Department of the Treasury and the Internal Revenue Service (IRS) issued a second final rule on digital asset broker reporting requirements, which includes within the term “broker” certain non-custodial software providers in decentralized finance (DeFi) that the IRS defines as “trading front-end service providers.”The U.S. Court of Appeals for the Third Circuit ordered the Securities and Exchange Commission (SEC) to provide “a more complete explanation” of why it denied Coinbase’s request for rulemaking on how securities laws apply to digital assets, given that the SEC’s initial explanation was “conclusory and insufficiently reasoned, and thus arbitrary and capricious.”? CongressSenator Cynthia M. Lummis (R-Wyo.) wrote to Federal Deposit Insurance Corporation (FDIC) Chair Marty Gruenberg demanding that his staff “cease and desist destruction of all materials” relating to the digital asset activities of the agency. ? Commodity Futures Trading CommissionGemini Trust Company agreed to pay $5 million to settle a case with the Commodity Futures Trading Commission (CFTC) relating to charges that it made materially false or misleading statements in connection with its bitcoin futures contract in 2017.In CFTC Chair Rostin Behnam’s final public remarks as chair of the agency, he said that “addressing the gap in regulation of the cash markets for crypto” had “dominated every season” of his tenure, and that he would continue to advocate for the CFTC to fill that gap.A federal court ordered a crypto exchange and its CEO to pay more than $1.1 million for running a fraudulent digital asset commodity scheme. ⚖️ Department of JusticeAs mentioned in “tl;dr,” a federal judge sentenced global crypto exchange BitMEX to a two-year probationary period and fined it $100 million for violating the Bank Secrecy Act by willfully failing to establish, implement, and maintain an adequate anti-money laundering and know-your-customer program.A federal judge sentenced a Chinese business manager to 10 years in prison for her role in assisting a convicted billionaire’s fraud scheme, which involved introducing purported cryptocurrencies called the Himalaya coin and the Himalaya dollar through a fraudulent crypto exchange called the Himalaya Exchange.In the largest non-fungible token scheme prosecution to date, the Department of Justice (DOJ) charged two California men with defrauding investors of more than $22 million in cryptocurrency through a series of “rug pulls,” a fraud scheme in which the creator of a digital asset project solicits funds from investors for the project and then abruptly abandons the project and fraudulently retains investors’ funds.The DOJ charged three Russian nationals with conspiracy to commit money laundering and operating an unlicensed money transmitting business in connection with their operation of cryptocurrency mixing services Blender.io and Sinbad.io.An Oklahoma man pleaded guilty for his role in a cryptocurrency investment fraud conspiracy in which he defrauded approximately 2,800 investors of $9.4 million.?? Department of StateThe U.S. Department of State, Japan, and the Republic of Korea provided a new warning to the blockchain technology industry regarding the ongoing targeting and compromise of a range of entities across the globe by Democratic People’s Republic of Korea cyber actors.? Department of the TreasuryAs mentioned in “tl;dr,” the Department of the Treasury and the IRS issued a second final rule on digital asset broker reporting requirements, which includes within the term “broker” certain non-custodial software providers in DeFi that the IRS defines as “trading front-end service providers.”The IRS granted temporary relief on crypto cost-basis reporting rules, postponing a rule that would have required centralized crypto exchanges to use the First In, First Out (FIFO) accounting method on gains from the dispositions, sale, or exchange of tokens.? Federal Deposit Insurance CorporationFDIC Vice Chair Travis Hill said that “a reset is sorely needed” in regard to the FDIC’s approach to digital assets and tokenization, and he urged an end to “all Choke Point-like tactics.”? Securities and Exchange CommissionAs mentioned in “tl;dr,” the U.S. Court of Appeals for the Third Circuit ordered the SEC to provide “a more complete explanation” of why it denied Coinbase’s request for rulemaking on how securities laws apply to digital assets, given that the SEC’s initial explanation was “conclusory and insufficiently reasoned, and thus arbitrary and capricious.”Tai Mo Shan Limited, a wholly-owned subsidiary of Jump Crypto Holdings LLC, agreed to pay $123 million to the SEC to settle charges for misleading investors about the stability of Terra USD, a purported “algorithmic stablecoin” that Terraform Labs issued.Digital Currency Group (DCG) and the former CEO of DCG’s now-defunct subsidiary, Genesis Global Capital LLC, agreed to pay a combined $38.5 million in civil penalties to settle charges for misleading investors about Genesis’s financial condition.The SEC delayed its decision on the NYSE Arca’s proposal to list shares of the Bitwise 10 Crypto Index Fund as an exchange-traded product. In an interview with Yahoo Finance, SEC Chair Gary Gensler reiterated his belief that the crypto industry is non-compliant, and he said that the SEC had never called bitcoin or ethereum a security. ? State? New YorkThe New York Attorney General’s Office filed a lawsuit to recover $2.2 million worth of cryptocurrency held in digital wallets and stolen from New Yorkers and victims across the country in a scam in which scammers sent text messages offering fake online job opportunities to entice unsuspecting people to purchase and deposit stablecoins into those scammers’ digital wallets.? Washington The Washington Department of Revenue issued an Excise Tax Advisory on non-fungible tokens. ? International?? United KingdomHM Treasury published Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2025, which ensures that arrangements for “qualifying cryptoasset staking” do not amount to a “collective investment scheme” for purposes of the Financial Services and Markets Act 2000.  However, qualifying crypto-asset staking could still be subject to other regulations.Global cryptocurrency trading firm and liquidity provider GSR announced that it received approval from the UK’s Financial Conduct Authority to operate as a registered crypto asset business.***The views expressed here are those of the individual AH Capital Management, L.L.C. (“a16z”) personnel quoted and are not the views of a16z or its affiliates. Certain information contained in here has been obtained from third-party sources, including from portfolio companies of funds managed by a16z. While taken from sources believed to be reliable, a16z has not independently verified such information and makes no representations about the current or enduring accuracy of the information or its appropriateness for a given situation. In addition, this content may include third-party advertisements; a16z has not reviewed such advertisements and does not endorse any advertising content contained therein.This content is provided for informational purposes only, and should not be relied upon as legal, business, investment, or tax advice. You should consult your own advisers as to those matters. References to any securities or digital assets are for illustrative purposes only, and do not constitute an investment recommendation or offer to provide investment advisory services. Furthermore, this content is not directed at nor intended for use by any investors or prospective investors, and may not under any circumstances be relied upon when making a decision to invest in any fund managed by a16z. (An offering to invest in an a16z fund will be made only by the private placement memorandum, subscription agreement, and other relevant documentation of any such fund and should be read in their entirety.) Any investments or portfolio companies mentioned, referred to, or described are not representative of all investments in vehicles managed by a16z, and there can be no assurance that the investments will be profitable or that other investments made in the future will have similar characteristics or results. A list of investments made by funds managed by Andreessen Horowitz (excluding investments for which the issuer has not provided permission for a16z to disclose publicly as well as unannounced investments in publicly traded digital assets) is available at https://a16z.com/investments/.The content speaks only as of the date indicated. Any projections, estimates, forecasts, targets, prospects, and/or opinions expressed in these materials are subject to change without notice and may differ or be contrary to opinions expressed by others. Please see https://a16z.com/disclosures for additional important information.

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Web3监管 加密货币 反洗钱 DeFi
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