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SEC And CFTC Enforcement Priorities Under The New Administration - Corporate/Commercial Law

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The Biden Administration has moved quickly to nominate new
leadership at the Securities and Exchange Commission
( SEC or Commission ). President Biden, in a
move that provides insight into his priorities and the approach his
administration will pursue with regard to regulatory action, has
nominated former Commodity Futures Trading Commission
( CFTC ) Chairman Gary Gensler to lead the SEC. Mr.
Gensler, who led the CFTC during the Obama Administration in the
aftermath of the 2008 financial crisis, is expected to take a
tougher stance toward Wall Street than the prior administration ....

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CFTC Virtual Currency Enforcement Action Trends 2015–Q2 2020

Monday, December 21, 2020
Executive Summary
As one of the regulators engaged in the cryptocurrency space, the U.S. Commodity Futures Trading Commission (CFTC) has been bringing enforcement actions against virtual currency market participants, including traders, issuers, exchanges, and service providers. From January 1, 2015, to June 30, 2020, the CFTC brought 19 such actions.
Of the 19 actions between 2015 and Q2 2020, 14 were litigated in U.S. district courts. The other five were resolved within the CFTC as orders and simultaneous settlements.
The majority of actions involved an allegedly fraudulent scheme, with 14 out of the 19 involving allegedly misleading investors in the trading of commodities.
Eight of the 19 actions involved alleged failure to register with the CFTC, while four of the actions involved allegedly illegal off-exchange commodity transactions. ....

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CFTC Regulatory Approach to Virtual Currencies

Monday, December 21, 2020
Virtual Currencies as Commodities
In recent years, the U.S. Commodity Futures Trading Commission (CFTC or the Commission) has taken a role as one of the regulators of cryptocurrency in the United States. In this article, we review the CFTC’s regulatory and enforcement approach in this space.
In December 2014, the CFTC stated that virtual currencies are encompassed under the definition of a “commodity” in the Commodity Exchange Act (CEA), and thus subject to its jurisdiction.
[1] Nine months later, in September 2015, the CFTC brought its first enforcement action against an unregistered Bitcoin option trading platform.
[2] With its first action, the CFTC declared that “Bitcoin and other virtual currencies are encompassed in the definition and properly defined as commodities.” ....

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