Series 10, Episode 3: See you in court! The SEC and spot bitcoin ETFs

When it comes to crypto regulation the United States is a global outlier because the Securities and Exchange Commission (SEC) and Gary Gensler its chief executive, steadfastly believe crypto assets are securities as defined by current legislation. Where the SEC sees issues, it pursues crypto businesses through the courts and in turn, sometimes companies sue the regulator.Litigation, not regulation, is how spot bitcoin (BTC) exchange-traded funds (ETF) came to launch in mid-January despite SEC objections. Grayscale Investments sued the SEC last year after it refused its application to convert its Bitcoin trust into an ETF. The SEC declined to appeal and ultimately approved 11 ETF applications at the same time.In this episode, Todd Ehret, senior regulatory expert in the U.S. and Rachel Wolcott senior editor in London discuss spot BTC ETFs' launch, the SEC's Twitter fail, ETF fee wars, custody and what firms selling these products should be aware of in terms of customer suitability.Regulatory Intelligence published outlook pieces throughout January, including for crypto. Please see the link below for our rundown of crypto regulatory developments in the U.S., UK, Europe, Singapore, and Hong Kong.LinksINSIGHT: Compliance considerations for broker-dealers and investment advisers surrounding Bitcoin ETFs: www.regintel-content.thomsonreuters.com/document/IA098EF20BA3E11EEAE81D84738F78F00OUTLOOK 2024-Litigation vs regulation; divide opens between U.S. and rest of the world on approach to crypto: http://go-ri.tr.com/kiapX5Compliance Clarified Season 9, Episode 10: Cross-border crypto fraud enforcement and the globalization of money laundering as a service: podcasts.apple.com/gb/podcast/season-9-episode-10-cross-border-crypto-fraud-enforcement/id1548510826?i=1000637022734Tether and pig butchering: chainargos.com/wp-content/uploads/2024/01/Connecting-Chinese-and-American-Scam-Victims-9-January-2024.pdfCasinos and cryptocurrency: Major drivers of money laundering, underground banking, and cyberfraud in East and Southeast Asia: unodc.org/roseap/en/2024/casinos-casinos-cryptocurrency-underground-banking/story.html Contact us:[email protected]@thomsonreuters.com Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.