On July 18, 2025, President Trump signed into law the first major piece of cryptocurrency legislation, the Guiding and Establishing National Innovation for U.S. Stablecoins Act (“GENIUS Act”). The legislation, which creates a...more
On April 4, 2025, the staff of the Securities and Exchange Commission’s Division of Corporation Finance (the “Staff”) issued a Staff Statement (the “Statement”) announcing its view that the offer and sale of Covered...more
The Office of the Comptroller of the Currency (“OCC”) and the Federal Deposit Insurance Corporation (“FDIC”) have both recently taken actions and issued statements that indicate a more permissive bank regulatory approach to...more
4/15/2025
/ Banking Sector ,
Banks ,
Cryptocurrency ,
Digital Assets ,
FDIC ,
FinTech ,
New Guidance ,
OCC ,
Regulatory Oversight ,
Regulatory Reform ,
Stablecoins
On February 27, 2025, the Securities and Exchange Commission’s Division of Corporation Finance (“CorpFin”) issued a Staff Statement announcing its view that meme coin transactions do not involve the offer and sale of...more
3/6/2025
/ Compliance ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Fraud ,
Howey ,
Investment ,
Market Manipulation ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Token Sales
Federal and state regulators have taken an increased interest in regulating cryptocurrencies, digital assets, and the larger blockchain ecosystem. This landscape is opaque and rapidly evolving, and many industry participants...more
9/25/2023
/ Anti-Money Laundering ,
Bitcoin ,
Bitcoin Mining ,
Blockchain ,
CFIUS ,
CFTC ,
Coinbase ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Ethereum ,
FinCEN ,
Fraud ,
Insider Trading ,
Ponzi Scheme ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Unregistered Securities
The Attorney General Alliance (“AGA”) recently issued a collaborative White Paper that signals heightened scrutiny of digital asset businesses by state Attorneys General in coming years. Recognizing that it is “no longer...more
7/13/2022
/ Blockchain ,
Civil Monetary Penalty ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Executive Orders ,
FinCEN ,
Fraud ,
Injunctions ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
OCC ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Restitution ,
Securities and Exchange Commission (SEC) ,
State Attorneys General ,
Uniform Commercial Code (UCC)
With Increased Congressional Scrutiny, Continued Interest From Committees in Both the House and Senate, and a Turf War Between Congress and Key Regulatory Agencies, Digital Assets Continue to Be Under the Regulatory...more
Guidance Demonstrates OFAC’s Expectations for Sanctions Compliance by Cryptocurrency Industry -
On October 15, 2021, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury published Sanctions...more
10/26/2021
/ Audits ,
Cryptocurrency ,
Cybersecurity ,
FinCEN ,
Internal Controls ,
Money Laundering ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Risk Assessment ,
Sanctions ,
Testing Requirements ,
Training ,
U.S. Treasury ,
Virtual Currency
On September 15, 2020, the Conference of State Bank Supervisors (CSBS) announced a “one company, one exam” program for examinations of money services businesses. These businesses, spanning from money transmitters like PayPal...more
On July 22, 2020, the Office of the Comptroller of the Currency (“OCC”) published an interpretative letter regarding national banks’ and federal savings associations’ authority to provide cryptocurrency custody services for...more
The SEC signaled last week that it appears to be growing more comfortable approving certain digital asset activities, qualifying the first two initial coin offerings ever to proceed as registered securities....more
In the ancient parable of the Blind Men and the Elephant, a group of blind men who had never come across an elephant before were asked to describe it. Each blind man felt a different part of the elephant’s body, but only one...more
New York Attorney General’s Office publishes a detailed report on policies and practices at virtual asset trading platforms, citing multiple common deficiencies -
The New York Attorney General’s Office (“NYAG”) issued a...more
EXECUTIVE SUMMARY –
Following testimony February 6th before the U.S. Senate, as well as a series of recent enforcement actions, it is clear that both the SEC and CFTC are picking up steam in their efforts to command a...more
SEC Chairman Jay Clayton has issued a broad warning to companies and individuals trying to “cash in” on the market frenzy surrounding Bitcoin and other cryptocurrencies. His prepared remarks at the Securities Regulation...more