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Can regulatory measures in cryptocurrency effectively prevent individuals from deceiving and defrauding others?

 The cryptocurrency sector has seen a rise in fraudulent activities, with some of its most prominent figures encountering significant legal challenges in recent years.


The notable names include:


  • Sam Bankman-Fried, who received a 25-year sentence  
  • Changpeng Zhao, who was released after four months  
  • Nader Al-Naji, who was arrested and may face up to 20 years in prison if convicted  
  • Arthur Hayes, who is under six months of home confinement  
  • Do Kwon, who was arrested and could face considerable prison time  
  • Mark Karpeles, who was arrested in Japan due to issues related to Mt. Gox  
  • Alex Mashinsky, who was arrested in 2023 and is currently undergoing trial  
  • Charlie Shrem, who pleaded guilty in 2015 and served a year behind bars  


Crypto news has gathered insights on whether the cryptocurrency industry is grappling with a significant leadership crisis or if it is merely plagued by a few individuals engaging in misconduct. At first glance, the environment appears conducive to questionable activities.


However, Anthony Scaramucci, founder of SkyBridge Capital, poses the question: “Is it worse than anything else that’s out there?” 


He noted, “You could say there are bad apples in other parts of finance. I would maintain it’s not worse than anything else. I would say that we’re in the process of cleaning this up.”


Biden's approach has been described as excessively forceful. 


Scaramucci, who integrated Bitcoin into his hedge fund offerings in 2020, boasts an extensive background in finance, including a seven-year tenure at Goldman Sachs. He briefly served as the White House communications director for 11 days under former President Donald Trump but has since distanced himself from Trump, endorsing Vice President Kamala Harris for the 2024 presidential election. At the TOKEN2049 conference in Singapore, he disclosed that he and other cryptocurrency proponents are working with the Harris campaign to advocate for more favorable policies for the industry, should she emerge victorious on Election Day, November 5.


For cryptocurrency investors, this collaboration is promising, as it provides an ally who understands the industry and can facilitate connections with Washington, D.C. Their primary concern has been the Biden administration and the current leadership of the U.S. Securities and Exchange Commission (SEC).


In 2023, SEC Chair Gary Gensler, appointed by Biden, initiated 46 enforcement actions related to cryptocurrency, marking a 53% increase from 2022, according to Cornerstone Research. 


Scaramucci suggests that lawmakers may have felt "embarrassed" by the actions of FTX founder Bankman-Fried, who was found guilty of misappropriating approximately $10 billion of customer deposits, which also impacted Scaramucci’s SkyBridge. 


Since that incident, the SEC has adopted a more stringent stance, taking action against significant entities such as Binance, Coinbase, Ripple, and Terraform Labs, leading to numerous legal disputes and prominent cases.


Under U.S. law, most cryptocurrency tokens are classified as securities, thus falling under SEC jurisdiction.


Scaramucci expressed his view, stating, "I believed the Biden administration was excessively aggressive in their anti-crypto stance. Such a level of aggression was unwarranted." This sentiment is echoed by other industry professionals, including Tim Kravchunovsky, founder and CEO of the decentralized telecommunications firm Chirp, who contends that the SEC's enforcement actions have been problematic.

Trump does a 180

Crypto's public relations challenges intensified last week as U.S. prosecutors filed charges against 15 individuals associated with four companies: Gotbit, ZM Quant, CLS Global, and MyTrade. The FBI alleges that these firms were involved in fraudulent activities aimed at manipulating the market.


However, Kravchunovsky argues that such incidents do not define the entire crypto landscape. “The industry faces a trust issue rather than a leadership issue,” he states. “When figures like Sam Bankman-Fried make headlines for fraudulent activities, the media tends to generalize and tarnish the reputation of the entire sector. It’s important to recognize that in any industry where money is involved, there will be opportunists and criminals. This is not exclusive to crypto.”


Crime is indeed a pervasive issue across all financial sectors. In 2023, it was reported that over three trillion dollars in illicit funds circulated through the global financial system. This trend is anticipated to persist, largely fueled by advancements in digital technologies that create new opportunities for criminal activity.


David Morrison, Senior Market Analyst at Trade Nation, notes, “It is regrettable that there has been an increasing number of arrests and charges against prominent figures in the crypto space. While some individuals have clearly acted unethically, defrauding customers and violating regulations for personal gain, this phenomenon is not uncommon when new technologies intersect with finance.”


Although the current situation appears unfavorable, Morrison believes it will improve “if regulations evolve in a manner that benefits the industry as a whole.” 


“This will necessitate regulators and policymakers who genuinely understand and appreciate the significance of cryptocurrencies, while also recognizing their potential,” he added.


Given these circumstances, it is not surprising that the industry views Trump’s potential re-election as a beacon of hope. The 78-year-old candidate has identified an opportunity to engage a segment of the electorate that has become disillusioned with the Biden administration. Notably, Gemini co-founders Tyler and Cameron Winklevoss are among his most significant supporters.

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